EXPLANATORY STATEMENT
Crimes Act 1914
Crimes Regulations
(Statutory Rules 1982 No. 296)
Section 10 of the Crimes Amendment Act 1982 has been proclaimed to commence on 1 November 1982. That section inserts a new section, section 21AA in the Crimes Act 1914 which will permit a court, when sentencing a person for an offence against the law of the Commonwealth, to take into account other offences set out “on a form prescribed for the purposes of” the provision.
Section 91 of the Crimes Act 1914, which will also come into operation on 1 November 1982, authorizes, inter alia, the making of regulations “prescribing all matters required or permitted by… (the) Act to be prescribed”.
Section 4 of the Acts Interpretation Act 1901 permits regulations to be now made to come into operation on 1 November 1982, even though section 10 of the Crimes Amendment Act 1982 will not itself come into operation until that date.
The form proposed to be prescribed is set out in the Schedule to the draft regulations and it has been designed to accommodate the procedures required by section 21AA.