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This is a Bill, not an Act. For current law, see the Acts databases.


ACTS AMENDMENT (PRISONS ADMINISTRATION) BILL 2000

                           Western Australia



                     LEGISLATIVE ASSEMBLY



                Acts Amendment (Prisons
                Administration) Bill 2000


                               A Bill for


An Act to amend --
      •       the Prisoners (Release for Deportation) Act 1989;
      •       the Prisons Act 1981;
      •       The Criminal Code; and
      •       the Young Offenders Act 1994,
to facilitate the reassignment of certain responsibilities from the
Governor in Executive Council to the Minister.



The Parliament of Western Australia enacts as follows:




                                                                  page 1


                               101--1
    Acts Amendment (Prisons Administration) Bill 2000
    Part 1     Preliminary

    s. 1



                           Part 1 -- Preliminary
    1.       Short title
             This Act may be cited as the Acts Amendment (Prisons
             Administration) Act 2000.

5   2.       Commencement
             This Act comes into operation on the day on which it receives
             the Royal Assent.




    page 2
                          Acts Amendment (Prisons Administration) Bill 2000
          Prisoners (Release for Deportation) Act 1989 amended       Part 2


                                                                                  s. 3


      Part 2 -- Prisoners (Release for Deportation) Act 1989
                           amended
     3.           The Act amended
                  The amendments in this Part are to the Prisoners (Release for
5                 Deportation) Act 1989*.
                  [* Act No. 15 of 1989.
                     For subsequent amendments see 1998 Index to Legislation of
                     Western Australia, Table 1, p. 200.]
     4.           Section 4 amended
10                Section 4(4) is amended by deleting "of a prisoner, the
                  Governor may by order" and inserting instead --
              "
                        of --
                           (a)     a prisoner being detained during the Governor's
15                                 pleasure, the Governor may; or
                           (b)     a prisoner serving a term of imprisonment, the
                                   Minister may,
                        by order
                                                                                     ".
20   5.           Section 5 amended
                  Section 5(1) is repealed and the following subsections are
                  inserted instead --
          "
                  (1)    Where the Governor has directed by order under
25                       section 4(4) that a prisoner who is being detained
                         during the Governor's pleasure is to be released for the
                         purposes of deportation, the Governor may, at any time
                         before the release of that prisoner, vary or revoke that
                         order for release.

                                                                               page 3
     Acts Amendment (Prisons Administration) Bill 2000
     Part 2     Prisoners (Release for Deportation) Act 1989 amended


     s. 6


              (1a)   Where the Minister has directed by order under
                     section 4(4) that a prisoner who is serving a term of
                     imprisonment is to be released for the purposes of
                     deportation, the Minister may, at any time before the
5                    release of that prisoner, vary or revoke that order for
                     release.
                                                                               ".

     6.        Section 7 amended
               Section 7 is amended by deleting "Governor." and inserting
10             instead --
               "
                     Governor, nor to the Minister in relation to the making
                     of any order given under section 4(4), or any variation
                     or revocation of an order under section 5(1a).
15                                                                             ".




     page 4
                            Acts Amendment (Prisons Administration) Bill 2000
                                    Prisons Act 1981 amended           Part 3

                                                                             s. 7



                   Part 3 -- Prisons Act 1981 amended
     7.         The Act amended
                The amendments in this Part are to the Prisons Act 1981*.
                [* Reprinted as at 21 November 1996.
5                  For subsequent amendments see 1998 Index to Legislation of
                   Western Australia, Table 1, p. 201 and Acts Nos. 43 and 47
                   of 1999.]

     8.         Section 3 amended
                Section 3 is amended as follows:
10                (a) by deleting the definition of "Executive Director
                       (Corrective Services)";
                 (b) in paragraph (b) of the definition of "prison" by deleting
                       "by proclamation".

     9.         Section 5 amended and transitional provisions
15        (1)   Section 5(1) is amended as follows:
                 (a) by deleting "The Governor may by proclamation --"
                       and inserting instead --
                       "
                             The Minister may, by notice published in the
20                           Gazette --
                                                                                ";
                 (b)   in paragraph (c) by deleting "proclamation" in both
                       places where it occurs and inserting instead --
                       " notice ".




                                                                            page 5
     Acts Amendment (Prisons Administration) Bill 2000
     Part 3     Prisons Act 1981 amended

     s. 10



           (2)       Section 5(2) is repealed and the following subsection is inserted
                     instead --
                 "
                     (2)   The Minister may amend or revoke a notice given
5                          under subsection (1).
                                                                                    ".
           (3)       Buildings, enclosures or places declared to be prisons by
                     proclamation before the commencement of this Act continue as
                     prisons as if they were declared by notice given under section 5
10                   of the Prisons Act 1981, as amended by this Act.
           (4)       A proclamation made under section 5 of the Prisons Act 1981
                     before the commencement of this Act may, from the
                     commencement of this Act, be amended or revoked by the
                     Minister as if it were a notice given under section 5 of the
15                   Prisons Act 1981, as amended by this Act.

     10.             Section 6 amended
           (1)       Section 6(1) is repealed.
           (2)       Section 6(2) is repealed.

     11.             Section 7 amended
20                   Section 7(1) is amended by inserting after "responsible for" the
                     following --
                     "
                           assisting the Minister with the administration of this
                           Act, and for
25                                                                                  ".




     page 6
                                      Acts Amendment (Prisons Administration) Bill 2000
                                              Prisons Act 1981 amended           Part 3

                                                                                  s. 12



     12.             Section 8 amended
           (1)       Section 8(1) is repealed and the following subsection is inserted
                     instead --
                 "
5                    (1)     The chief executive officer may, either generally or as
                             otherwise provided by the instrument of delegation, by
                             writing signed by him, delegate any of his powers or
                             duties under this Act, other than this power of
                             delegation and his powers and duties under section 35.
10                                                                                     ".
           (2)       Section 8(1a) is repealed.

     13.             Section 35 amended
                     Section 35(1) is amended by deleting "on the recommendation
                     of the Executive Director (Corrective Services) and".

15   14.             Section 54 amended and transitional
           (1)       Section 54(1) is amended by deleting "Governor" and inserting
                     instead --
                     "     Minister    ".
           (2)       Section 54(5) is amended by deleting "Governor" and inserting
20                   instead --
                     "     Minister    ".
           (3)       A person with a current appointment as a prison visitor or a
                     visiting justice on the commencement of this Act, continues in
                     that capacity as if he or she were appointed for the same term by
25                   the Minister under section 54 of the Prisons Act 1981, as
                     amended by this Act.



                                                                                 page 7
     Acts Amendment (Prisons Administration) Bill 2000
     Part 3     Prisons Act 1981 amended

     s. 15



     15.         Section 83 amended
                 Section 83(1) is amended by deleting "and to section 86".

     16.         Section 86 repealed
                 Section 86 is repealed.

5    17.         Section 107 amended and transitional
           (1)   Section 107(1)(a) is amended by deleting "Governor" and
                 inserting instead --
                 "   Minister   ".
           (2)   The chairman immediately prior to the commencement of this
10               Act continues in that capacity as if he or she were appointed for
                 the same term by the Minister under section 107 of the Prisons
                 Act 1981, as amended by this Act.




     page 8
                        Acts Amendment (Prisons Administration) Bill 2000
                               The Criminal Code amended           Part 4


                                                                      s. 18


             Part 4 -- The Criminal Code amended
     18.   The Code amended
           The amendments in this Part are to The Criminal Code*.
           [* Reprinted as at 2 October 1999 as the Schedule to the
5             Criminal Code Act 1913 appearing in Appendix B to the
              Criminal Code Compilation Act 1913.
              For subsequent amendments see Acts Nos. 35, 43 and 47
              of 1999.]

     19.   Section 282 amended
10         Section 282 is amended as follows:
             (a) in paragraph (c)(iii) by inserting after "thereafter," --
                  " subject to section 83 of the Prisons Act 1981, ";
            (b) in paragraph (d)(ii) by inserting after "thereafter," --
                  " subject to section 83 of the Prisons Act 1981, ".




                                                                      page 9
     Acts Amendment (Prisons Administration) Bill 2000
     Part 5     Young Offenders Act 1994 amended

     s. 20



                 Part 5 -- Young Offenders Act 1994 amended
     20.          The Young Offenders Act 1994 amended and transitional
                  provisions
           (1)    Section 12(1) of the Young Offenders Act 1994* is amended by
5                 deleting "Governor" and inserting instead --
                  "   Minister   ".
           (2)    Section 12(2) of the Young Offenders Act 1994 is amended by
                  deleting "Governor" and inserting instead --
                  "   Minister   ".
10         (3)    Buildings, enclosures or places declared to be Departmental or
                  subsidized facilities by order of the Governor before the
                  commencement of this Act continue as Departmental or
                  subsidized facilities as if they were declared by order given
                  under section 12 of the Young Offenders Act 1994, as amended by
15                this Act.
           (4)    An order given under section 12 of the Young Offenders Act 1994
                  before the commencement of this Act may, from the
                  commencement of this Act, be amended or revoked by the
                  Minister as if it were an order given under section 12 of the
20                Young Offenders Act 1994, as amended by this Act.
                  [* Reprinted as at 26 November 1996.
                     For subsequent amendments see 1998 Index to Legislation of
                     Western Australia, Table 1, p. 279 and Act No. 47 of 1999.]




 


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