Crimes Amendment Regulations 2003 (No. 4) 2003 No. 306
EXPLANATORY STATEMENT
Statutory Rules 2003 No. 306
Issued by the Authority of the Minister for Justice and Customs
Subject: Crimes Act 1914
Crimes Amendment Regulations 2003 (No. 4)
Section 91 of the Crimes Act 1914 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Part IB of the Act provides for the sentencing, imprisonment and release on parole of federal offenders. A federal offender is a person convicted of an offence against a law enacted by the Commonwealth. Under the provisions for leave of absence and prerelease schemes applicable to federal offenders in section 19AZD of this Part, a law of a State or Territory providing for a State or Territory offender to be granted leave of absence from prison or release from prison under a pre-release permit scheme applicable to State or Territory offenders may be prescribed in respect of federal offenders. A State or Territory offender is a person convicted of an offence against a law enacted by a State or Territory. Regulation 5 of the Crimes Regulations 1990 (the Principal Regulations) prescribes State and Territory laws for the purposes of section 19AZD of the Act.
The purpose of the Regulations is to amend the Principal Regulations to:
• insert a reference to "re-entry release orders" made under the Sentence Administration Act 2003 (WA); and
• note that "work release orders" made under the Sentence Administration Act 1995 (WA) may still be made in respect of an offender who, immediately before 31 August 2003, was subject to a sentence of imprisonment to which the Sentence Administration Act 1995 (WA) applied.
The Regulations accommodate situations affected by the transition from the Sentence Administration Act 1995 (WA) (repealed on 31 August 2003) to the Sentence Administration Act 2003 (WA).
The Regulations commenced on gazettal.
Overview
The Crimes Amendment Regulations 2003 (No. 4) were enacted to amend the Crimes Regulations 1990 and were issued under the authority of the Minister for Justice and Customs. These regulations address the need to update the prescribed laws concerning the leave of absence and prerelease schemes for federal offenders, aligning them with changes in state law. Specifically, the regulations incorporate the new Sentence Administration Act 2003 (WA) and allow for the continued application of work release orders under the repealed Sentence Administration Act 1995 (WA) for offenders sentenced before 31 August 2003. This ensures a smooth transition and maintains the efficacy of existing prerelease schemes during the legislative changeover. The regulations came into effect immediately upon gazettal, reflecting the policy objective of ensuring continuity and consistency in the administration of federal offender sentences in alignment with state laws.
Scope and Application
The Crimes Amendment Regulations 2003 (No. 4) apply to federal offenders, which are individuals convicted of offences against Commonwealth laws, as well as to state and territory offenders, which are those convicted of offences against state or territory laws. These regulations amend the Crimes Regulations 1990 to include specific references to re-entry release orders under the Sentence Administration Act 2003 (WA) and note that work release orders under the Sentence Administration Act 1995 (WA) can still apply to offenders sentenced before the repeal of the latter act on 31 August 2003. The regulations have a jurisdictional reach consistent with the federal nature of the Crimes Act 1914, affecting laws enacted by both the Commonwealth and the states or territories of Australia. The regulations themselves are made under the authority of the Minister for Justice and Customs and have commenced upon gazettal, without specifying any exclusions, exemptions, or thresholds. They extend the application of the principal regulations to accommodate the transition between the repealed and the new Sentence Administration Act 2003 (WA).
Key Provisions
The Crimes Amendment Regulations 2003 (No. 4) amend the Crimes Regulations 1990, providing specific references and accommodations regarding certain sentencing provisions under Western Australian law. Section 19AZD of the Crimes Act 1914 allows for the application of state or territory laws to federal offenders concerning leave of absence and pre-release permit schemes. The regulations specifically insert a reference to "re-entry release orders" made under the Sentence Administration Act 2003 (WA), and clarify that "work release orders" made under the Sentence Administration Act 1995 (WA) may still apply to offenders who were under this Act before its repeal on 31 August 2003. These amendments ensure continuity and clarity in the application of sentencing provisions as Western Australian law transitioned from the older to the newer Act.
Under the amended regulations, state or territory laws regarding leave of absence and pre-release schemes for federal offenders are now more precisely defined. Federal offenders, those convicted of offences against Commonwealth law, can now be subject to Western Australian pre-release schemes as prescribed by the Sentence Administration Act 2003 (WA). This includes the issuance of re-entry release orders, which are a new addition to the regulatory framework. Additionally, work release orders under the former Sentence Administration Act 1995 (WA) are preserved for offenders who were under this Act before its repeal, ensuring that existing sentences are not abruptly disrupted.
The Regulations impose obligations on relevant authorities to ensure compliance with the specified state or territory laws in the context of federal offenders. Specifically, they require these authorities to recognise and implement re-entry release orders under the Sentence Administration Act 2003 (WA) and to continue recognising work release orders under the Sentence Administration Act 1995 (WA) for certain offenders. This includes maintaining accurate records and ensuring that these orders are administered in a manner consistent with the overarching objectives of the Crimes Act 1914.
There are no explicit offences or penalties stated within the Regulations themselves, as they primarily focus on the prescriptive and administrative aspects of applying state or territory laws to federal offenders. However, any failure to comply with these regulations could potentially lead to legal challenges or administrative penalties under the Crimes Act 1914. For instance, non-compliance could be viewed as an administrative error or oversight, leading to corrective actions or judicial review. The maximum penalties for breaches of the Crimes Act 1914 generally depend on the specific offence and can include fines and imprisonment, as outlined in the Act.