Crimes Amendment Regulations 2003 (No. 6) 2003 No. 338
EXPLANATORY STATEMENT
Statutory Rules 2003 No. 338
Issued by the Authority of the Minister for Justice and Customs
Subject: Crimes Act 1914
Crimes Amendment Regulations 2003 (No. 6)
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 pre-release 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 add the following orders to the list prescribed by Regulation 5 of the Principal Regulations:
• home detention orders made under Division 4 of Part 8 of the Corrections Act 1986 of Victoria.
Home detention as a pre-release scheme is scheduled to come into effect in Victoria on 1 January 2004. Prescribing this scheme in the Principal Regulations would make it available as a pre-release option for federal offenders.
The Act specifies no conditions that need to be met before the power to make the proposed Regulations may be exercised.
The Regulations will commence on 1 January 2004, by which time administrative procedures will be in place in Victoria.
Overview
The Crimes Amendment Regulations 2003 (No. 6) were enacted to amend the Crimes Regulations 1990, which are subsidiary legislation made under the Crimes Act 1914. The primary objective of these regulations is to address the gap in the availability of pre-release options for federal offenders, specifically to include home detention schemes applicable to state and territory offenders. The Crimes Amendment Regulations 2003 (No. 6) were issued by the authority of the Minister for Justice and Customs, reflecting the intent to harmonise and expand the options for sentencing and parole, thereby providing a more comprehensive framework for the management of federal offenders. This legislative action aims to integrate state-prescribed home detention schemes into the federal system, thereby facilitating a smoother transition for federal offenders under pre-release conditions when they become eligible for release.
Scope and Application
The Crimes Amendment Regulations 2003 (No. 6) amends the Crimes Regulations 1990 to include home detention orders made under Division 4 of Part 8 of the Corrections Act 1986 of Victoria in the list of State and Territory laws that may be prescribed for the purposes of section 19AZD of the Crimes Act 1914. This amendment enables home detention to be made available as a pre-release option for federal offenders. The Crimes Act 1914 applies to federal offenders, defined as individuals convicted of offences against Commonwealth laws, and includes provisions for the sentencing, imprisonment, and parole of these offenders. The regulations extend the application of state and territory pre-release schemes, such as home detention in Victoria, to federal offenders, thereby allowing for a broader range of sentencing options. The amendments in the Regulations will take effect from 1 January 2004, aligning with the scheduled commencement of the home detention scheme in Victoria.
Key Provisions
The main operative sections of the Crimes Amendment Regulations 2003 (No. 6) (the Regulations) pertain to the amendment of the Principal Regulations to include home detention orders made under Division 4 of Part 8 of the Corrections Act 1986 of Victoria. This amendment is made under section 19AZD of the Crimes Act 1914, which allows for the application of State or Territory laws to federal offenders. Specifically, Regulation 5 of the Principal Regulations is amended to add these home detention orders to the list of prescribed laws.
The Regulations impose an obligation on the authorities to recognize and apply the prescribed home detention orders to federal offenders in Victoria. This means that once the home detention scheme is operational from 1 January 2004, it will be available as a pre-release option for federal offenders, aligning with the state-level provisions. The primary requirement is for the administrative procedures in Victoria to be fully operational by the commencement date of the Regulations.
Breach of the provisions within the Regulations may lead to various consequences. However, the explanatory statement does not specify offences or penalties for non-compliance with these Regulations. Generally, under the Crimes Act 1914, penalties for breaches can range from fines to imprisonment, depending on the severity of the offence. The specific penalties would need to be derived from the relevant sections of the Act or other applicable legislation.
In summary, the Regulations amend the Principal Regulations to include home detention orders from Victoria as a pre-release scheme for federal offenders. The obligation lies with the authorities to apply these state-level provisions. While the explanatory statement does not outline specific penalties for breach of these Regulations, the Crimes Act 1914 provides a framework within which penalties are determined.