5Prescribed State and Territory pre‑release permit schemes

#### 5 Prescribed State and Territory pre‑release permit schemes (1) For the purposes of 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 re‑entry release order | Part 4 of the Sentence Administration Act 2003 (WA) | | 2 | Scheme for releasing a prisoner to serve a period of home detention | Division 6A of Part 4 of the Correctional Services Act 1982 (SA) | | 3 | Scheme for releasing a prisoner on administrative home detention | Division 5 of Part 3.3 of Chapter 3 of the Correctional Services Act (NT) | (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.