Crimes (Sentence Administration) Regulation 2006 (ACT)

Crimes (Sentence Administration) Regulation 2006   

SL2006-23

made under the

Crimes (Sentence Administration) Act 2005

Republication No 11

Effective:  22 September 2023

Republication date: 22 September 2023

Last amendment made by A2023‑21

About this republication

The republished law

This is a republication of the Crimes (Sentence Administration) Regulation 2006, made under the Crimes (Sentence Administration) Act 2005 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 22 September 2023.  It also includes any commencement, amendment, repeal or expiry affecting this republished law to 22 September 2023. 

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

authorised republications to which the Legislation Act 2001 applies

unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication includes amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

Crimes (Sentence Administration) Regulation 2006

made under the

Crimes (Sentence Administration) Act 2005

Contents

Page

1            Name of regulation  2

2            Dictionary  2

3            Notes  2

4            Parole order—core conditions—Act, s 137 (1) (f)  2

5            Community-based sentence transfer—participating jurisdictions—Act, s 265 (3)        3

Dictionary4

Endnotes

1            About the endnotes  5

2            Abbreviation key  5

3            Legislation history  6

4            Amendment history  7

5            Earlier republications  8

Crimes (Sentence Administration) Regulation 2006

made under the

Crimes (Sentence Administration) Act 2005

1. Name of regulation

   This regulation is the Crimes (Sentence Administration) Regulation 2006.

2. Dictionary

   The dictionary at the end of this regulation is part of this regulation.

   Note 1The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references (signpost definitions) to other terms defined elsewhere.

   For example, the signpost definition ‘medicine—see the Medicines, Poisons and Therapeutic Goods Act 2008, section 11.’ means that the term ‘medicine’ is defined in that section and the definition applies to this regulation.

   Note 2A definition in the dictionary (including a signpost definition) applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

3. Notes

   A note included in this regulation is explanatory and is not part of this regulation.

   NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

4. Parole order—core conditions—Act, s 137 (1) (f)

   The following conditions are prescribed:

   (a)the offender must live only at premises approved by the director‑general;

   (b)the offender must report to a person at a time and place nominated by the director‑general;

   (c)the offender must not use a prohibited substance, or abuse a medicine that is lawfully obtained;

   (d)the offender must authorise each doctor, therapist or counsellor of the offender to give information about the offender to the chief executive;

   (e)the offender must not leave the ACT for longer than 1 day without the prior written permission of the director‑general;

   (f)the offender must comply with all conditions to which a permission to leave the ACT is subject;

   (g)the offender must not leave Australia without the board’s prior written permission;

   (h)the offender must not have possession or control of a firearm, prohibited weapon, prohibited article or offensive weapon;

   (i)the offender must comply with any direction given to the offender by the director‑general.

   Example for par (b)

   to report to a corrections officer at a correctional centre, or to a person where the offender works

   Examples for par (i)

   directions about any of the following:

   ·associating with particular people

   ·visiting any place, including a particular suburb

   ·obtaining, being available for or keeping employment

   ·attending or taking part in an approved activity or program

5. Community-based sentence transfer—participating jurisdictions—Act, s 265 (3)

   Each State is declared to be a participating jurisdiction.

   NoteState includes the Northern Territory (see Legislation Act, dict, pt 1).

Dictionary

(see s 2)

Note 1The Legislation Act contains definitions and other provisions relevant to this regulation.

Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:

·     ACT

·     director‑general (see s 163)

·     doctor.

Note 3Terms used in this regulation have the same meaning that they have in the Crimes (Sentence Administration) Act 2005 (see Legislation Act, s 148). For example, the following terms are defined in the Crimes (Sentence Administration) Act 2005, dict:

·     board

·     offender

·     test sample.

firearm—see the Firearms Act 1996, section 6.

medicine—see the Medicines, Poisons and Therapeutic Goods Act 2008, section 11.

offensive weapon—see the Crimes Act 1900, dictionary.

prohibited article—see the Prohibited Weapons Act 1996, section 4B.

prohibited substance—see the Medicines, Poisons and Therapeutic Goods Act 2008, section 13.

prohibited weapon—see the Prohibited Weapons Act 1996, section 4A.

Endnotes

1. About the endnotes

   Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.

   Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

   Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.

   If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. 

   The endnotes also include a table of earlier republications.

2. Abbreviation key

A = Act	NI = Notifiable instrument
AF = Approved form	o = order
am = amended	om = omitted/repealed
amdt = amendment	ord = ordinance
AR = Assembly resolution	orig = original
ch = chapter	par = paragraph/subparagraph
CN = Commencement notice	pres = present
def = definition	prev = previous
DI = Disallowable instrument	(prev...) = previously
dict = dictionary	pt = part
disallowed = disallowed by the Legislative	r = rule/subrule
Assembly	reloc = relocated
div = division	renum = renumbered
exp = expires/expired	R[X] = Republication No
Gaz = gazette	RI = reissue
hdg = heading	s = section/subsection
IA = Interpretation Act 1967	sch = schedule
ins = inserted/added	sdiv = subdivision
LA = Legislation Act 2001	SL = Subordinate law
LR = legislation register	sub = substituted
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced
mod = modified/modification	or to be expired

1. Legislation history

   This regulation was made as part of the Sentencing Legislation Amendment Act 2006 (see A2006‑23, s 5 and sch 4).

   Crimes (Sentence Administration) Regulation 2006 SL2006-23

   taken to have been notified LR 18 May 2006 (A2006‑23, s 5 (3) (a))
   s 1 taken to have commenced 18 May 2006 (LA s 75 (1))
   remainder commenced 2 June 2006 (A2006‑23 s 5 (3) (b) and see Crimes (Sentence Administration) Act 2005 A2005-59 s 2, Crimes (Sentencing) Act 2005 A2005-58, s 2 and LA s 79)

   as amended by

   Crimes (Sentence Administration) Amendment Regulation 2006 (No 1) SL2006-26

   notified LR 1 June 2006
   s 1, s 2 commenced 1 June 2006 (LA s 75 (1))
   remainder commenced 2 June 2006 (s 2 and see Crimes (Sentencing) Act 2005 A2005-58, s 2 and LA s 79)

   Crimes (Sentence Administration) Amendment Regulation 2007 (No 1) SL2007-13

   notified LR 31 May 2007
   s 1, s 2 commenced 31 May 2007 (LA s 75 (1))
   remainder commenced 1 June 2007 (s 2)

   Crimes (Sentence Administration) Amendment Regulation 2007 (No 2) SL2007-34

   notified LR 19 October 2007
   s 1, s 2 commenced 19 October 2007 (LA s 75 (1))
   remainder commenced 20 October 2007 (s 2)

   Crimes (Sentence Administration) Amendment Regulation 2008 (No 1) SL2008-1

   notified LR 23 January 2008
   s 1, s 2 commenced 23 January 2008 (LA s 75 (1))
   remainder commenced 24 January 2008 (s 2)

   Firearms Amendment Act 2008 A2008-25 sch 2 pt 2.2

   notified LR 15 July 2008
   s 1, s 2 commenced 15 July 2008 (LA s 75 (1))
   sch 2 amdt 2.4 commenced 15 July 2009 (s 2 (3))

   sch 2 remainder commenced 15 January 2009 (s 2 (1) and LA s 79)

   Medicines, Poisons and Therapeutic Goods Act 2008 A2008-26 sch 2 pt 2.5

   notified LR 14 August 2008
   s 1, s 2 commenced 14 August 2008 (LA s 75 (1))

   sch 2 pt 2.5 commenced 14 February 2009 (s 2 and LA s 79)

   Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.45

   notified LR 30 June 2011
   s 1, s 2 commenced 30 June 2011 (LA s 75 (1))

   sch 1 pt 1.45 commenced 1 July 2011 (s 2 (1))

   Corrections and Sentencing Legislation Amendment Act 2023 A2023‑21 pt 4

   notified LR 21 June 2023
   s 1, s 2 commenced 21 June 2023 (LA s 75 (1))

   pt 4 commenced 22 September 2023 (s 2 (2) and CN2023-9)

2. Amendment history

   Dictionary

   s 2am A2008‑26 amdt 2.8

   Parole order—core conditions—Act, s 137 (1) (f)

   s 4am A2008‑26 amdt 2.9; A2011‑22 amdt 1.143

   Community-based sentence transfer—participating jurisdictions—Act, s 265 (3)

   s 5ins SL2006‑26 s 4

   am SL2007‑13 s 4

   exp 1 August 2007 (s 5 (2))

   ins SL2008‑1 s 4

   sub A2023‑21 s 22

   Transitional—interim custody arrangements—modification of Act, ch 17—Act, s 611 (2)

   s 6ins SL2007‑34 s 4

   exp 18 December 2007 (s 6 (2))

   Modification of Act, ch 17 (Transitional—interim custody arrangements)

   sch 1ins SL2006‑26 s 5

   am SL2007‑13 ss 5-8

   exp 1 August 2007 (s 5 (2))

   Transitional—interim custody arrangements

   sch 2ins SL2007‑34 s 5

   exp 18 December 2007 (s 6 (2))

   Dictionary

   dictam A2011‑22 amdt 1.144

   def drug of dependence om A2008‑26 amdt 2.10

   def drugs and poisons standard om A2008‑26 amdt 2.10

   def firearm sub A2008‑25 amdt 2.3

   def medicine ins A2008‑26 amdt 2.11

   def prescribed substance om A2008‑26 amdt 2.12

   def prohibited article sub A2008‑25 amdt 2.4

   def prohibited substance sub A2008‑26 amdt 2.13

   def prohibited weapon sub A2008‑25 amdt 2.4

3. Earlier republications

   Some earlier republications were not numbered. The number in column 1 refers to the publication order. 

   Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical.

Republication No and date	Effective	Last amendment made by	Republication for
R1 2 June 2006	2 June 2006– 31 May 2007	SL2006‑26	new regulation and amendments by SL2006‑26
R2 1 June 2007	1 June 2007– 31 July 2007	SL2007‑13	amendments by SL2007‑13
R3 1 Aug 2007	1 Aug 2007– 19 Oct 2007	SL2007‑13	commenced expiry
R4 20 Oct 2007	20 Oct 2007– 18 Dec 2007	SL2007‑34	amendments by SL2007‑34
R5 19 Dec 2007	19 Dec 2007– 23 Jan 2008	SL2007‑34	commenced expiry
R6 24 Jan 2008	24 Jan 2008– 14 Jan 2009	SL2008‑1	amendments by SL2008‑1
R7 15 Jan 2009	15 Jan 2009– 13 Feb 2009	A2008‑26	amendments by A2008‑25
R8 14 Feb 2009	14 Feb 2009– 14 July 2009	A2008‑26	amendments by A2008‑26
R9 15 July 2009	15 July 2009– 30 June 2011	A2008‑26	amendments by A2008‑25
R10 1 July 2011	1 July 2011– 21 Sept 2023	A2011‑22	amendments by A2011‑22