Commonwealth Numbered Regulations

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1996 No. 125 CRIMES REGULATIONS (AMENDMENT) - REG 3

3. Regulation 5 (State laws prescribed for the purposes of subsection 19AZD (3) of the Act)
3.1 Subregulation 5 (2): Omit the subregulation, substitute:

"(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 .

"(2A) 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.".


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