Crimes Amendment Regulations 2011 (No. )

Schedule 1 Amendment

(section 3)

[1] Regulations 5 and 6

substitute

5 Prescribed State pre-release permit schemes

(1) For subsection 19AZD (3) of the Act, the pre‑release permit schemes mentioned in the table are prescribed.

Item	Pre-release permit scheme	Law under which scheme is made
1	Scheme for releasing a prisoner under a release to work order or a home detention order	Part 1 of Chapter 5 of the Corrective Services Act 2000 of Queensland
2	Scheme for releasing a prisoner under a work release order	Part 4 of the Sentence Administration Act 1995 of Western Australia
3	Scheme for releasing a prisoner under a home detention order	Part 5 of the Sentence Administration Act 1995 of Western Australia
4	Scheme for releasing a prisoner under a re-entry release order	Part 4 of the Sentence Administration Act 2003 of Western Australia
5	Scheme for releasing a prisoner to serve a period of home detention	Division 6A of Part 4 of the Correctional Services Act 1982 of South Australia

Note Some of the laws mentioned in the table have been repealed but the prescribed schemes continue to have some effect under transitional provisions.

(2) A federal offender who is a non‑citizen is not eligible to participate in a pre‑release permit scheme prescribed in subregulation (1) if participation would result in the offender:

(a) becoming an unlawful non‑citizen; and

(b) being liable to detention and removal from Australia under the Migration Act 1958.

(3) A federal offender who is subject to a deportation order under the Migration Act 1958 is not eligible to participate in a pre‑release permit scheme prescribed in subregulation (1) if participation would make the offender liable for detention and deportation from Australia under that Act.

(4) A person convicted of a federal offence is not eligible to participate in the pre‑release permit scheme mentioned in item 3 of the table in subregulation (1) if the person is subject to a recognizance release order in relation to the offence.

6 Prescribed State and Territory orders

For section 20AB of the Act, the orders mentioned in the table are prescribed.

Item	Prescribed order	Law under which order is made
1	Home detention order	Part 2 of the Crimes (Sentencing Procedure) Act 1999 of New South Wales
2	Intensive correction order	(a) Section 7 of the Crimes (Sentencing Procedure) Act 1999 of New South Wales; or (b) Division 6 of Part 4 of the Fines Act 1996 of New South Wales
3	Community correction order	Part 3A of the Sentencing Act 1991 of Victoria
4	Intensive correction order	Part 6 of the Penalties and Sentences Act 1992 of Queensland
5	Community based order	Part 9 of the Sentencing Act 1995 of Western Australia
6	Intensive supervision order	Part 10 of the Sentencing Act 1995 of Western Australia
7	Good behaviour order	Part 3.3 of the Crimes (Sentencing) Act 2005 of the Australian Capital Territory
8	Home detention order	Chapter 2 of the Rehabilitation of Offenders (Interim) Act 2001 of the Australian Capital Territory
9	Order setting a period of a sentence of imprisonment to be served by periodic detention	Crimes (Sentencing) Act 2005 of the Australian Capital Territory
10	Home detention order	Subdivision 2 of Division 5 of Part 3 of the Sentencing Act 1995 of the Northern Territory

Note Some of the laws mentioned in the table have been repealed but the prescribed orders continue to have some effect under transitional provisions.