CRIMES REGULATIONS (AMENDMENT) 1994 NO. 297

CRIMES REGULATIONS (AMENDMENT) 1994 NO. 297

STATUTORY RULES 1994 No. 297

ISSUED BY THE AUTHORITY OF THE MINISTER FOR JUSTICE

Crimes Act 1914

Crimes Regulations (Amendment)

Section 91 of the Crimes Act 1914 (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 Crimes Regulations (Amendment) (the Regulations) will:

Amend Regulation 6 of the Crimes Regulations by adding at the end a new paragraph (d).

The Regulations arise because of the Queensland Penalties and Sentences Act 1992, Part 6 of which comes into force on 1 September 1994. Part 6 of the Penalties and Sentences Act 1992 provides for the making of an intensive correction order in relation to a person sentenced to a term of imprisonment of less than one year. An intensive correction order is an alternative to imprisonment and it results in the offender serving their sentence in the community under strict conditions. The Regulations will prescribe intensive correction orders as a sentencing alternative in relation to federal offenders sentenced by Queensland Courts. Alternatives to imprisonment, such as an intensive correction order, may be prescribed to apply to federal offenders by virtue of section 20AB of the Crimes Act.

Details of the Regulations are:

Regulation 1: This regulation provides that the regulations commence on 1 September 1994.

Regulation 2: This regulation provides that the Crimes Regulations are amended by these Regulations.

Regulation 3: Section 20AB of the Crimes Act permits alternatives to imprisonment to be prescribed to apply to federal offenders. Where an alternative is prescribed a State Courts may sentences suitable federal offenders to such an alternative. The amendment to regulation 6 of the Crimes Regulations prescribes intensive correction orders as an alternative to imprisonment for federal offenders.