Crimes Regulations 2019
PART 7
-
SENTENCING, IMPRISONMENT AND RELEASE OF FEDERAL OFFENDERS
SECTION 14
STATE AND TERRITORY PRE-RELEASE PERMIT SCHEMES THAT APPLY TO FEDERAL OFFENDERS
(1)
For the purposes of subsection 19AZD(3) of the Act, a pre-release permit scheme mentioned in column 1 of an item in the following table provided for by a law mentioned in column 2 of the item is prescribed.
(2)
A federal offender who is not an Australian citizen is not eligible to participate in a pre-release permit scheme mentioned in subsection (1) if participation would result in the offender:
(a) becoming an unlawful non-citizen (within the meaning of the Migration Act 1958 ); and
(b) being liable to detention and removal from Australia under that Act.
(3)
A federal offender who is subject to a deportation order under the Migration Act 1958 is not eligible to participate in a pre-release permit scheme mentioned in subsection (1) if participation would make the offender liable for detention and deportation from Australia under that Act.
For the purposes of subsection 19AZD(3) of the Act, a pre-release permit scheme mentioned in column 1 of an item in the following table provided for by a law mentioned in column 2 of the item is prescribed.
| State and Territory pre-release permit schemes that apply to federal offenders | ||
| Item | Column 1 | Column 2 |
| Pre-release permit scheme | Law | |
| 1 | Scheme for releasing a prisoner under a re-entry release order | Part 4 of the Sentence Administration Act 2003 (WA), as in force at the commencement of this instrument |
| 2 | Scheme for releasing a prisoner to serve a period of home detention | Division 6A of Part 4 of the Correctional Services Act 1982 (SA), as in force at the commencement of this instrument |
| 3 | Scheme for releasing a prisoner on administrative home detention | Division 5 of Part 3.3 of Chapter 3 of the Correctional Services Act 2014 (NT), as in force at the commencement of this instrument |
(2)
A federal offender who is not an Australian citizen is not eligible to participate in a pre-release permit scheme mentioned in subsection (1) if participation would result in the offender:
(a) becoming an unlawful non-citizen (within the meaning of the Migration Act 1958 ); and
(b) being liable to detention and removal from Australia under that Act.
(3)
A federal offender who is subject to a deportation order under the Migration Act 1958 is not eligible to participate in a pre-release permit scheme mentioned in subsection (1) if participation would make the offender liable for detention and deportation from Australia under that Act.
This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.