Pursuant to section 200 of the Corrections Act 2004, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

Preamble

1 Title

2 Commencement

3 Principal regulations amended

4 General random testing programme

5 Information to be provided to persons under control or supervision

1 Title

These regulations are the Corrections Amendment Regulations (No 3) 2007.

2 Commencement

These regulations come into force on 1 October 2007.

3 Principal regulations amended

These regulations amend the Corrections Regulations 2005.

4 General random testing programme

Regulation 144(3) is amended by revoking paragraph (c) and substituting the following paragraph:
- “(c) the date on which the prisoner is, in accordance with a decision of the Parole Board, to be released—
  
  “(i) to serve a sentence of imprisonment by way of home detention; or
  
  “(ii) on parole; or
  
  “(iii) on compassionate release; or”.

5 Information to be provided to persons under control or supervision

(1) Regulation 159(1) is amended by inserting the following paragraph after paragraph (a):
- “(ab) in the case of a person sentenced to a sentence of home detention, as soon as practicable after the sentence commences:”.
(2) Regulation 159(1) is amended by revoking paragraph (c) and substituting the following paragraph:
- “(c) in the case of a person who is serving a sentence of imprisonment by way of home detention, as soon as practicable after the person begins serving the sentence in that way:”.
(3) Regulation 159(2)(a) is amended by omitting “subclause (1)(a), (b), or (c)” and substituting “subclause (1)(a), (ab), (b), or (c)”.
(4) Regulation 159(3) is amended by inserting the following paragraph after paragraph (a):
- “(ab) in the case of a person sentenced to a sentence of home detention, the controlling officer of the probation office from which the offender is being supervised:”.
(5) Regulation 159(3)(c) is amended by omitting “commences” and substituting “is serving a sentence of imprisonment by way of”.

Martin Bell,

for Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 1 October 2007, amend the Corrections Regulations 2005 (the principal regulations). Most of the amendments made to the principal regulations reflect certain amendments to the Sentencing Act 2002 (made by the Sentencing Amendment Act 2007) that also come into force on 1 October 2007. The amendments made to the Sentencing Act 2002 that are reflected in these regulations are those that enable the courts to impose a new sentence of home detention.

Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 30 August 2007.

Sort by

Corrections Amendment Regulations (No 3) 2007