Document ID: chunk:federal_register_of_legislation:C2004A03935:body:0:p33
Version: federal_register_of_legislation:C2004A03935
Segment Type: other
Provision Reference: 
Character Range: 78955–81832

a State or Territory offender to be released from prison under a pre-release permit scheme

(however called) that is prescribed for the purposes of this subsection, applies to a federal offender who is serving a sentence in that State or Territory, subject to any conditions relating to eligibility to participate that are specified in the regulations that prescribe that scheme, as if the federal offender were a State or Territory offender serving an equivalent State or Territory sentence in that State or Territory.".

Discharge of offenders without proceeding to conviction

10. Section 19b of the Principal Act is amended:

    (a) by omitting from paragraph (1) (a) "an offence against a law of the Commonwealth" and substituting "a federal offence or federal offences";

    (b) by inserting in paragraph (1) (b) ", in respect of that charge or more than one of those charges," after "satisfied";

    (c) by inserting in paragraph (1) (c) "or charges in respect of which the court is so satisfied" after "the charge";

    (d) by inserting in paragraph (d) "in respect of any charge referred to in paragraph (c)" after "conviction";

    (e) by inserting in subparagraph (1) (d) (ii) "or offences concerned" after "the offence" (wherever occurring);

    (f) by omitting from subparagraph (1) (d) (iii) "the period specified" and substituting "a period, not exceeding 2 years, that is specified";

    (g) by inserting after subsection (2) the following subsection:

    "(2a) A person is not to be imprisoned for a failure to pay an amount required to be paid under an order made under this section.";

    (h) by omitting from subsection (3) "a charge against a person is dismissed" and substituting "a charge or charges against a person is or are dismissed";

    (j) by inserting in subsection (3) "or offences concerned" after "the offence" (wherever occurring);

    (k) by inserting in subsection (3) "or sentences" after "a sentence".

Conditional release of offenders after conviction

11. Section 20 of the Principal Act is amended:

    (a) by omitting "an offence against the law of the Commonwealth" and substituting "a federal offence or federal offences";

    (b) by inserting in paragraph (1) (a) "or offences" after "offence" (wherever occurring);

    (c) by omitting from subparagraph (1) (a) (iv) "the period specified in the order in accordance with subparagraph (i)" and substituting "a period, not exceeding 2 years, that is specified in the order";

    (d) by omitting paragraph (1) (b) and substituting the following paragraph:

       "(b) sentence the person to imprisonment in respect of the offence or each offence but direct, by order, that the person

        be released, upon giving security of the kind referred to in paragraph (a) either forthwith or after he or she has served a specified period of imprisonment in respect of that