Crimes Regulations 2019
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.
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