Crimes Regulations (Amendment) (Cth)

Statutory Rules 1996

No. 125 1

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Crimes Regulations 2(Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Crimes Act 1914.

Dated 25 June 1996.

 WILLIAM DEANE

 Governor-General

By His Excellency’s Command,

DARYL WILLIAMS

Attorney-General and Minister for Justice

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1.   Commencement

1.1   Subregulation 4.1 commences on 1 July 1996.

[NOTE: The remainder of these Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]

2.   Amendment

2.1   The Crimes Regulations are amended as set out in these Regulations.

3.   Regulation 5 (State laws prescribed for the purposes of subsection 19AZD (3) of the Act)

3.1 Subregulation 5 (2):

Omit the subregulation, substitute:

 “(2) A federal offender who is a non-citizen is not eligible to participate in a pre-release permit scheme prescribed in subregulation (1) if participation would result in the offender:

• (a)

  becoming an unlawful non-citizen; and

• (b)

  being liable to detention and removal from Australia under the Migration Act 1958.

 “(2A) 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 prescribed in subregulation (1) if participation would make the offender liable for detention and deportation from Australia under that Act.”.

4.   Regulation 6 (State Laws prescribed for the purposes of section 20AB of the Act)

4.1   Paragraph 6 (a):

Omit the paragraph, substitute:

• “(a)

  a home detention order made under Subdivision 2 of Division 5 of Part 3 of the Sentencing Act 1995 of the Northern Territory;”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 28 June 1996.

2. Statutory Rules 1990 No. 227 as amended by 1991 Nos. 235 and 258; 1992 Nos. 91 and 276; 1994 No, 297; 1996 No. 7.