Crimes Regulations (Amendment) 1992 No. 91
EXPLANATORY STATEMENT
STATUTORY RULES 1992 No. 91
ISSUED BY THE AUTHORITY OF THE ATTORNEY-GENERAL
Crimes Act 1914
Crimes Regulations (Amendment)
Section 91 of the Crimes Act 1214 (the Crimes Act) provides that the Governor-General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed, for carrying out or giving effect to this Act.
The proposed Crimes Regulations (Amendment) (the Regulations) will:
Amend Regulation 5 of the Crimes Regulations by repealing paragraph 5(1)(c) and substituting this paragraph by new paragraphs (c) and (ca); and
Amend Regulation 6 of the Crimes Regulations by repealing paragraph 6(b) and substituting a new paragraphs (b) and (c).
The proposed Regulations arise because of the Victorian Corrections (Remissions) Act 1991 and the Sentencing Act 1991, which will come into force on 22 April 1992. The Corrections (Remissions) Act 1991 Act deals with the abolition of the pre-release permit scheme and its preservation for offenders sentenced prior to the commencement of that Act. The proposed Regulations will preserve the pre-release permit scheme for federal offenders sentenced prior to the commencement of that Act. The Sentencing Act 1991 will provide for a new sentencing regime for State offenders, including alternatives to imprisonment, which may be prescribed to apply to federal offenders by virtue of section 20AB of the Crimes Act.
Details of the proposed Regulations are:
Regulation 1: This regulation provides that regulations 3 and 4 will commence on 22 April 1992.
Regulation 2: This regulation provides that the Crimes Regulations are amended by these regulations.
Regulation 3: Subsection 19AZD(3) of the Crimes Act permits State pre-release schemes to be prescribed to apply to federal offenders. Where a scheme is prescribed to apply the State authorities may place suitable offenders on such a scheme. The Victorian scheme permits an offender to be released from custody up to 6 months before his/her non-parole period expires under very strict conditions and supervision. Under paragraph 5(1)(c) of the Crimes Regulations the Victorian pre-release permit scheme is prescribed to apply to federal offenders. However, on the commencement of the Corrections (Remissions) Act 1991 (Victoria) on 22 April 1992 the prerelease scheme will be abolished for State offenders sentenced from that date but will be preserved for offenders sentenced prior to that date. The amendment to paragraph 5(1)(c) will preserve the operation of the pre-release permit scheme for federal offenders sentenced prior to 22 April 1992.
Regulation 4 : Section 20AB of the Crimes Act enables the State alternatives to imprisonment, such as community service orders to be available as sentencing options for federal offenders. Additional options may be prescribed to apply. Paragraph 6(b) prescribes a community-based order made under Part 5 of the Penalties and Sentences Act 1985 Victoria). This Act will be repealed on 22 April 1992 when the Sentencing Act 1991 (Victoria) comes into force. These orders will then be available under Division 3 of Part 3 of the Sentencing Act 1991. In addition, a new sentencing option known as a intensive correction order will be available once the Sentencing Act 1991 comes into force. The proposed amendments to paragraph 6(b) of the Crimes Regulations will enable a community-based order made under Division 3 of Part 3 and an intensive correction order made under subdivision (2) of Division 2 of Part 3 of the Sentencing Act 1991 to be available as sentencing options for federal offenders convicted in that State.
Overview
The Crimes Regulations (Amendment) 1992 No. 91, issued under the authority of the Attorney-General, seeks to amend the Crimes Regulations in response to the implementation of the Victorian Corrections (Remissions) Act 1991 and the Sentencing Act 1991. These amendments are designed to address the transition of sentencing and corrections schemes from state to federal oversight, ensuring continuity and compliance with the new state legislative framework. Specifically, the amendments aim to preserve the pre-release permit scheme for federal offenders sentenced before the new state laws took effect and to incorporate new sentencing options under the Sentencing Act 1991 for federal offenders. The objective of these changes is to maintain the integrity of the sentencing and corrections regime while accommodating the reforms introduced by the state legislation.
Scope and Application
The Crimes Regulations (Amendment) 1992 No. 91 pertains to the Crimes Act 1914, applying to federal offenders under the jurisdiction of the Commonwealth of Australia. The Regulations are designed to align with the new legislative framework introduced by the Victorian Corrections (Remissions) Act 1991 and Sentencing Act 1991, ensuring continuity and compatibility of sentencing and corrections schemes across state and federal boundaries. These Regulations specifically amend the existing Crimes Regulations to preserve the pre-release permit scheme for federal offenders sentenced before 22 April 1992, while adapting to the abolition of this scheme for state offenders from that date. Furthermore, the Regulations enable the application of new sentencing options, such as community-based orders and intensive correction orders, prescribed under the Sentencing Act 1991, to federal offenders in Victoria. This amendment ensures that the regulatory framework remains current and effective, accommodating changes in state law while maintaining the integrity of federal sentencing practices.
Key Provisions
The main operative sections of the Crimes Regulations (Amendment) 1992 No. 91 involve amendments to Regulation 5 and Regulation 6 of the Crimes Regulations. Specifically, Regulation 5 is amended by repealing paragraph 5(1)(c) and substituting it with new paragraphs (c) and (ca) (Regulation 3). Regulation 6 is amended by repealing paragraph 6(b) and substituting it with new paragraphs (b) and (c) (Regulation 4). These amendments are necessary to ensure the continued application of certain pre-release schemes and sentencing options for federal offenders in light of changes brought about by the Victorian Corrections (Remissions) Act 1991 and the Sentencing Act 1991.
The obligations and requirements imposed by the Regulations include preserving the pre-release permit scheme for federal offenders sentenced prior to the commencement of the Corrections (Remissions) Act 1991. This is achieved by amending Regulation 5 to ensure that the Victorian pre-release permit scheme remains applicable to such offenders (Regulation 3). Additionally, the Regulations enable the application of new sentencing options for federal offenders convicted in Victoria by amending Regulation 6 to include community-based orders and intensive correction orders under the Sentencing Act 1991 (Regulation 4). These changes ensure that the regulatory framework remains aligned with the new legislative environment in Victoria.
Breach of the provisions in the Crimes Regulations (Amendment) could lead to various consequences, although specific offences, penalties, or civil/criminal consequences are not detailed in the Explanatory Statement. Generally, under the Crimes Act 1914, breaches of regulations may be subject to fines, imprisonment, or other penalties as prescribed by law. However, the maximum penalties are not specified within the provided text. It is likely that any breaches would be dealt with in accordance with the applicable laws and the severity of the breach.