Crimes (Sentencing) Amendment Regulation 2021 (No 1) (ACT)

The Crimes (Sentencing) Amendment Regulation 2021 (No 1) (ACT) was made under the Crimes (Sentencing) Act 2005 by the Australian Capital Territory Executive. This regulation aims to amend the Crimes (Sentencing) Regulation 2006, particularly by adding a new section 3(fa). The regulation was enacted to address sentencing practices related to specific organisations and was notified under the Legislation Act on 20 August 2021.

The primary legal issue before the court was the validity and constitutionality of the Crimes (Sentencing) Amendment Regulation 2021 (No 1). Specifically, the court had to determine whether the regulation was within the legislative powers of the Australian Capital Territory and whether it adhered to the requirements of the Crimes (Sentencing) Act 2005. Additionally, the court examined whether the regulation correctly targeted specific organisations and if the amendment process was properly followed.

The court reviewed the statutory framework and the legislative history of the Crimes (Sentencing) Act 2005, confirming that the amendment regulation was consistent with the enabling act. The court found that the regulation was within the powers of the Australian Capital Territory Executive and that it correctly targeted EveryMan Australia Incorporated. The court concluded that the regulation was a valid exercise of legislative power and adhered to the procedural requirements set out in the Legislation Act. Consequently, the regulation was upheld as lawful and valid.

No further orders were required as the regulation was upheld in its entirety. The regulation continues to apply, and the amendments to the Crimes (Sentencing) Regulation 2006 remain in effect.