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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia Court Security and Custodial Services (Consequential Provisions) Bill 1998 CONTENTS Part 1 -- Preliminary 1. Short title 2 2. Commencement 2 Part 2 -- Anti-Corruption Commission Act 1988 3. Act amended by this Part 3 4. Section 3 amended 3 5. Section 14 amended 3 Part 3 -- Bail Act 1982 6. Act amended by this Part 5 7. Section 3 amended 5 8. Section 11 amended 5 Part 4 -- Coroners Act 1996 9. Section 3 amended 6 page i 51--1 Court Security and Custodial Services (Consequential Provisions) Bill 1998 Contents Part 5 -- The Criminal Code 10 . Section 1 amended 7 Part 6 -- Freedom of Information Act 1992 11 . Act amended by this Part 8 12 . Section 63 amended 8 13 . Section 96 amended 8 14 . Section 97 amended 9 15 . Schedule 2 Glossary amended 9 Part 7 -- Justices Act 1902 16 . Act amended by this Part 11 17 . Section 41 amended 11 18 . Section 81 amended 11 19 . Section 83 amended 11 20 . Section 203 amended 11 21 . Schedule 4 amended 12 Part 8 -- Parliamentary Commissioner Act 1971 22 . Act amended by this Part 14 23 . Section 4 amended 14 24 . Section 4A amended 15 25 . Section 13 amended 16 26 . Section 17A amended 17 27 . Section 19 amended 17 Part 9 -- Police Act 1892 28 . Act amended by this Part 18 29 . Section 2 amended 18 30 . Section 22 amended 18 31 . Section 53 amended 18 page ii Court Security and Custodial Services (Consequential Provisions) Bill 1998 Contents Part 10 -- Prisons Act 1981 32 . Act amended by this Part 20 33 . Section 3 amended 20 34 . Section 14 amended 21 35 . Section 16 amended 21 36 . Section 69 amended 22 37 . Section 71 amended 22 Part 11 -- Spent Convictions Act 1988 38 . Schedule 3 amended 23 Part 12 -- Young Offenders Act 1994 39 . Act amended by this Part 24 40 . Section 3 amended 24 41 . Section 15 amended 24 42 . Section 16 amended 25 43 . Section 118A amended 25 44 . Section 171 amended 25 45 . Section 179 amended 25 46 . Section 188 amended 26 page iii Western Australia LEGISLATIVE ASSEMBLY Court Security and Custodial Services (Consequential Provisions) Bill 1998 A Bill for An Act to amend various Acts as a consequence of the enactment of the Court Security and Custodial Services Act 1998. The Parliament of Western Australia enacts as follows: page 1 Court Security and Custodial Services (Consequential Provisions) Bill 1998 Part 1 Preliminary s. 1 Part 1 -- Preliminary 1. Short title This Act may be cited as the Court Security and Custodial Services (Consequential Provisions) Act 1998. 5 2. Commencement This Act comes into operation on such day as is, or such days as are respectively, fixed by proclamation. page 2 Court Security and Custodial Services (Consequential Provisions) Bill 1998 Anti-Corruption Commission Act 1988 Part 2 s. 3 Part 2 -- Anti-Corruption Commission Act 1988 3. Act amended by this Part The amendments in this Part are to the Anti-Corruption Commission Act 1988*. 5 [* Reprinted as at 1 November 1996.] 4. Section 3 amended Section 3(1) is amended as follows: (a) by inserting in the appropriate alphabetical positions the following definitions -- 10 " "contractor" means a contractor as defined in the Court Security and Custodial Services Act 1998; "subcontractor" means a subcontractor as defined in the Court Security and Custodial Services 15 Act 1998; "; (b) in the definition of "public authority" -- (i) after paragraph (b) by deleting "or"; and (ii) after paragraph (c) by inserting -- 20 " or (d) a contractor or subcontractor; ". 5. Section 14 amended 25 (1) Section 14(6) is amended as follows: (a) after paragraph (a) by deleting "or"; page 3 Court Security and Custodial Services (Consequential Provisions) Bill 1998 Part 2 Anti-Corruption Commission Act 1988 s. 5 (b) after paragraph (b) by deleting the full stop and inserting instead -- " ; or "; (c) after paragraph (b), the following paragraph is 5 inserted -- " (c) in the case of a contractor and any subcontractor under the relevant contract, the holder of the office specified in the relevant 10 contract to be the principal officer for the purposes of this Act. ". (2) Section 14(7) is amended by deleting "to any person or body who or which has the power to take disciplinary action against 15 the person to whom this section applies." and inserting instead -- " -- (a) to any person or body who or which has the 20 power to take disciplinary action against the person to whom this section applies; or (b) in the case of a principal officer referred to in subsection (6)(c), to the CEO as defined in the Court Security and Custodial Services 25 Act 1998. ". page 4 Court Security and Custodial Services (Consequential Provisions) Bill 1998 Bail Act 1982 Part 3 s. 6 Part 3 -- Bail Act 1982 6. Act amended by this Part The amendments in this Part are to the Bail Act 1982*. [* Reprinted as at 13 March 1997. 5 For subsequent amendments see 1997 Index to Legislation of Western Australia, Table 1, p. 17, and Act No. 38 of 1998.] 7. Section 3 amended Section 3(1) is amended by inserting in the appropriate alphabetical position the following definition -- 10 " "lock-up" means a lock-up as defined in the Court Security and Custodial Services Act 1998; ". 8. Section 11 amended 15 (1) Section 11(2) is amended by deleting "officer in charge of the lock-up or prison, and that officer" and inserting instead -- " person in charge of the lock-up or prison, and that person 20 ". (2) Section 11(3) is amended by deleting "the officer" and inserting instead -- " the person ". page 5 Court Security and Custodial Services (Consequential Provisions) Bill 1998 Part 4 Coroners Act 1996 s. 9 Part 4 -- Coroners Act 1996 9. Section 3 amended Section 3 of the Coroners Act 1996* is amended in the definition of "person held in care" after paragraph (a) by 5 inserting the following paragraph -- " (aa) a person for whom the CEO as defined in the Court Security and Custodial Services Act 1998 is responsible under section 9, 12, 14 or 15 of 10 that Act, whether that person is at a custodial place as defined in that Act, is being moved between custodial places or escapes, or becomes absent, from a custodial place or during movement between custodial places; 15 ". [* Act No. 2 of 1996. For subsequent amendments see 1997 Index to Legislation of Western Australia, Table 1, p. 52.] page 6 Court Security and Custodial Services (Consequential Provisions) Bill 1998 The Criminal Code Part 5 s. 10 Part 5 -- The Criminal Code 10. Section 1 amended Section 1(1) of The Criminal Code* is amended in the definition of "public officer" after paragraph (c) by inserting the 5 following paragraph -- " (ca) a person who holds a permit to do high-level security work as defined in the Court Security and Custodial Services Act 1998; 10 ". [* Reprinted as at 21 April 1997 as the Schedule to the Criminal Code Act 1913 appearing in Appendix B to the Criminal Code Compilation Act 1913. For subsequent amendments see 1997 Index to Legislation of 15 Western Australia, Table 1, p. 58, and Acts Nos. 15, 29 and 38 of 1998.] page 7 Court Security and Custodial Services (Consequential Provisions) Bill 1998 Part 6 Freedom of Information Act 1992 s. 11 Part 6 -- Freedom of Information Act 1992 11. Act amended by this Part The amendments in this Part are to the Freedom of Information Act 1992*. 5 [* Reprinted as at 8 July 1997. For subsequent amendments see 1997 Index to Legislation of Western Australia, Table 1, p. 90, and Act No. 13 of 1998.] 12. Section 63 amended After section 63(3)(a) the following is inserted -- 10 " (aa) if the person is the principal officer of a contractor or subcontractor -- the Minister to whom the administration of the Court Security and Custodial Services Act 1998 is committed; 15 or ". 13. Section 96 amended After section 96(3) the following subsection is inserted -- " 20 (4) A subcontractor does not have to comply with subsection (1) if the relevant contractor has complied with that subsection on behalf of the subcontractor. ". page 8 Court Security and Custodial Services (Consequential Provisions) Bill 1998 Freedom of Information Act 1992 Part 6 s. 14 14. Section 97 amended After section 97(2) the following subsection is inserted -- " (3) A subcontractor does not have to comply with 5 subsections (1) and (2) if the relevant contractor has complied with those subsections on behalf of the subcontractor. ". 15. Schedule 2 Glossary amended 10 (1) Schedule 2 is amended by inserting in the appropriate alphabetical positions in the Glossary the following definitions -- " "contractor" means a contractor as defined in the Court 15 Security and Custodial Services Act 1998; "subcontractor" means a subcontractor as defined in the Court Security and Custodial Services Act 1998; ". (2) Schedule 2 is amended in the definition of "officer" in the 20 Glossary as follows: (a) after paragraph (b) by deleting "and"; (b) after paragraph (c) by inserting -- " and 25 (d) if the agency is a contractor or subcontractor, a director of the contractor or subcontractor (in addition to the persons referred to in paragraphs (a), (b) and (c)); ". page 9 Court Security and Custodial Services (Consequential Provisions) Bill 1998 Part 6 Freedom of Information Act 1992 s. 15 (3) Schedule 2 is amended in the definition of "principal officer" in the Glossary after paragraph (f) by inserting the following paragraph -- " 5 (fa) in relation to a contractor or to any subcontractor under the relevant contract -- the holder of the office specified in the relevant contract to be the principal officer for the purposes of this Act; ". 10 (4) Schedule 2 is amended in the definition of "public body or office" in the Glossary as follows: (a) after paragraph (f) by deleting "or"; (b) after paragraph (g) by inserting -- " 15 or (h) a contractor or subcontractor; ". page 10 Court Security and Custodial Services (Consequential Provisions) Bill 1998 Justices Act 1902 Part 7 s. 16 Part 7 -- Justices Act 1902 16. Act amended by this Part The amendments in this Part are to the Justices Act 1902*. [* Reprinted as at 4 June 1997. 5 For subsequent amendments see 1997 Index to Legislation of Western Australia, Table 1, p. 122, and Act No. 29 of 1998.] 17. Section 41 amended Section 41 is amended by inserting after "police officer" -- " 10 or a person who is authorized to exercise a power set out in clause 3 of Schedule 2 to the Court Security and Custodial Services Act 1998, ". 18. Section 81 amended 15 Section 81 is amended by deleting "officer" and inserting instead -- " person ". 19. Section 83 amended Section 83 is amended by deleting "officer" and inserting 20 instead -- " person ". 20. Section 203 amended Section 203(1), (2) and (4) are amended by deleting "officer" and inserting instead -- 25 " person ". page 11 Court Security and Custodial Services (Consequential Provisions) Bill 1998 Part 7 Justices Act 1902 s. 21 21. Schedule 4 amended (1) Forms 15 and 16 in Schedule 4 are amended as follows: (a) by inserting after "said State," -- " 5 and to all persons authorized to exercise a power set out in clause 2 or 3, as the case requires, of Schedule 2 to the Court Security and Custodial Services Act 1998, "; (b) by inserting after "said police officers" -- 10 " and authorized persons ". (2) Forms 52, 56, 57, 58 and 62 in Schedule 4 are amended as follows: (a) by inserting after "Western Australia," -- " 15 and to all persons authorized to exercise a power set out in clause 2 or 3, as the case requires, of Schedule 2 to the Court Security and Custodial Services Act 1998, "; (b) by inserting after "said police officers" -- 20 " and authorized persons ". (3) Form 53 in Schedule 4 is amended by inserting after "said State" where it first occurs -- " and to all persons authorized to exercise a power set out in 25 clause 3 of Schedule 2 to the Court Security and Custodial Services Act 1998 ". page 12 Court Security and Custodial Services (Consequential Provisions) Bill 1998 Justices Act 1902 Part 7 s. 21 (4) Form 54 in Schedule 4 is amended by inserting after "Western Australia," -- " and to all persons authorized to exercise a power set out in 5 clause 2 or 3, as the case requires, of Schedule 2 to the Court Security and Custodial Services Act 1998, ". page 13 Court Security and Custodial Services (Consequential Provisions) Bill 1998 Part 8 Parliamentary Commissioner Act 1971 s. 22 Part 8 -- Parliamentary Commissioner Act 1971 22. Act amended by this Part The amendments in this Part are to the Parliamentary Commissioner Act 1971*. 5 [* Reprinted as at 20 January 1997. For subsequent amendments see 1997 Index to Legislation of Western Australia, Table 1, p. 171, and Acts Nos. 41 of 1997 and 10 of 1998.] 23. Section 4 amended 10 (1) Section 4 is amended by inserting in the appropriate alphabetical positions the following definitions -- " "contractor" means a contractor as defined in the Court Security and Custodial Services Act 1998; 15 "subcontractor" means a subcontractor as defined in the Court Security and Custodial Services Act 1998; ". (2) Section 4 is amended in the definition of "principal officer" as follows: 20 (a) after paragraph (a) by deleting "and"; (b) after paragraph (a) by inserting -- " (aa) in relation to a contractor and to any subcontractor under the relevant contract, the 25 holder of the office specified in the relevant contract to be the principal officer for the purposes of this Act; and ". page 14 Court Security and Custodial Services (Consequential Provisions) Bill 1998 Parliamentary Commissioner Act 1971 Part 8 s. 24 (3) Section 4 is amended by deleting the definition of "responsible Minister" and inserting the following definition instead -- " "responsible Minister" means -- 5 (a) in relation to action taken by any department or authority, the Minister charged with the administration of that department or the enactment in relation to the functions conferred by, or arising under, which the 10 action was taken; and (b) in relation to action taken by a contractor or subcontractor, the Minister to whom the administration of the Court Security and Custodial Services Act 1998 is committed; 15 ". 24. Section 4A amended Section 4A(1) is amended as follows: (a) after paragraph (e) by deleting the full stop and inserting a semicolon instead; 20 (b) after paragraph (e) the following paragraph is inserted -- " (f) a contractor or subcontractor. ". page 15 Court Security and Custodial Services (Consequential Provisions) Bill 1998 Part 8 Parliamentary Commissioner Act 1971 s. 25 25. Section 13 amended Section 13(3)(b) and (c) are deleted and the following is inserted instead -- " 5 (b) references to an officer of an authority shall be construed -- (i) as including references to an officer appointed by, or a person employed or engaged to work in, that authority under 10 any enactment; and (ii) in the case of a contractor or subcontractor, as also including references to an officer of, or a person employed or engaged to work for, the 15 contractor or subcontractor; and (c) references to a member of an authority shall be construed -- (i) as including references to the holder of 20 any office created by an enactment who by virtue of his holding that office is a member of that authority; and (ii) in the case of a contractor or subcontractor, as including references to 25 each director of the contractor or subcontractor. ". page 16 Court Security and Custodial Services (Consequential Provisions) Bill 1998 Parliamentary Commissioner Act 1971 Part 8 s. 26 26. Section 17A amended (1) Section 17A(4) is amended by inserting after "that Act," -- " the CEO as defined in the Court Security and Custodial 5 Services Act 1998, ". (2) After section 17A(5) the following subsection is inserted -- " (5a) A reference in subsection (1) to an officer in whose 10 custody a person is detained includes a reference to a person authorized to exercise a power set out in Division 1, 2 or 3 of Schedule 2, or in Schedule 3, to the Court Security and Custodial Services Act 1998 in relation to the detained person. 15 ". 27. Section 19 amended Section 19(7)(b) is amended by inserting after "constituted" -- " or, in the case of a contractor or subcontractor, to the 20 Minister to whom the administration of the Court Security and Custodial Services Act 1998 is committed ". page 17 Court Security and Custodial Services (Consequential Provisions) Bill 1998 Part 9 Police Act 1892 s. 28 Part 9 -- Police Act 1892 28. Act amended by this Part The amendments in this Part are to the Police Act 1892*. [* Reprinted as at 31 January 1997. 5 For subsequent amendments see 1997 Index to Legislation of Western Australia, Table 1, p. 184, and Act No. 10 of 1998.] 29. Section 2 amended Section 2 is amended by inserting in the appropriate alphabetical position the following definition -- 10 " "lock-up" means a lock-up as defined in the Court Security and Custodial Services Act 1998; ". 30. Section 22 amended 15 Section 22 is amended by deleting "in attendance upon" and inserting instead -- " available to ". 31. Section 53 amended Section 53 is amended in the definition of "police officer" as 20 follows: (a) after paragraph (c) by deleting the semicolon and inserting a comma instead; page 18 Court Security and Custodial Services (Consequential Provisions) Bill 1998 Police Act 1892 Part 9 s. 31 (b) by inserting after paragraph (c) the following -- " and includes a person who is authorized to exercise a power set out in clause 16 of Schedule 2 5 to the Court Security and Custodial Services Act 1998 but the references to a police officer in section 53A and 53I (a), (b), (c) and (d)(ii) (except Item (A)) are not to be regarded as including the authorized person; 10 ". page 19 Court Security and Custodial Services (Consequential Provisions) Bill 1998 Part 10 Prisons Act 1981 s. 32 Part 10 -- Prisons Act 1981 32. Act amended by this Part The amendments in this Part are to the Prisons Act 1981*. [* Reprinted as at 21 November 1996. 5 For subsequent amendments see 1997 Index to Legislation of Western Australia, Table 1, p. 188.] 33. Section 3 amended (1) Section 3 is amended by inserting in the appropriate alphabetical position the following definition -- 10 " "lock-up" means a lock-up as defined in the Court Security and Custodial Services Act 1998; ". (2) Section 3 is amended in the definition of "superintendent" by 15 deleting "police officer who is in charge of a police lock up" and inserting instead -- " person who is in charge of a lock-up ". (3) Section 3 is amended by inserting before the first word the subsection designation "(1)". 20 (4) Section 3 is amended by inserting the following subsection -- " (2) A reference in a provision of this Act set out in the Table to this subsection to a prison officer or to an officer includes a reference to a person who is 25 authorized to exercise a power set out in clause 2 of Schedule 2 to the Court Security and Custodial Services Act 1998. page 20 Court Security and Custodial Services (Consequential Provisions) Bill 1998 Prisons Act 1981 Part 10 s. 34 Table s. 18 s. 27(3) s. 24 s. 83(4) and (6) s. 25 s. 84 s. 26(1) s. 85(2)(a) ". 34. Section 14 amended (1) Section 14 is amended by inserting before the first word the 5 subsection designation "(1)". (2) Section 14 is amended by inserting the following subsection -- " (2) A person who is authorized to exercise a power set out in clauses 2 and 11(3) of Schedule 2 to the Court 10 Security and Custodial Services Act 1998 may issue to a prisoner such orders as are necessary for the purposes of the provisions of this Act set out in the Table to section 3(2). ". 15 35. Section 16 amended (1) Section 16(5) and (7) are amended as follows: (a) by deleting in each case "Commissioner of Police" and inserting instead -- " 20 CEO as defined in the Court Security and Custodial Services Act 1998 "; page 21 Court Security and Custodial Services (Consequential Provisions) Bill 1998 Part 10 Prisons Act 1981 s. 36 (b) by deleting in each case "police lock up" and inserting instead -- " lock-up ". (2) Section 16(8) is amended by deleting "police officer in charge 5 of the lock up" and inserting instead -- " person in charge of the lock-up ". (3) Section 16(9) and (10) are amended by deleting "police lock up" and inserting instead -- " lock-up ". 10 36. Section 69 amended Section 69(a) is amended by inserting after "him" -- " or a person referred to in section 14(2) ". 37. Section 71 amended Section 71(1) is amended by inserting after "prison officer" -- 15 " or person who is authorized to exercise a power set out in clause 14 of Schedule 2 to the Court Security and Custodial Services Act 1998 ". page 22 Court Security and Custodial Services (Consequential Provisions) Bill 1998 Spent Convictions Act 1988 Part 11 s. 38 Part 11 -- Spent Convictions Act 1988 38. Schedule 3 amended The Spent Convictions Act 1988* is amended in Schedule 3 by inserting after item 11 in the Table to clause 1 the following 5 item -- " 12. A person -- Section 18, (a) who is authorized, or who is 19, 20, 22 being considered for and authorization, to exercise a Division 4 Schedule power as defined in the Court Security and Custodial Services Act 1998; or (b) who holds, or who is applying to be issued with, a permit to do high-level security work as defined in that Act. ". [* Reprinted as at 19 November 1996. For subsequent amendments see 1997 Index to Legislation of 10 Western Australia, Table 1, p. 217, and Act No. 10 of 1998 and Gazette 27 February 1998 and 9 October 1998.] page 23 Court Security and Custodial Services (Consequential Provisions) Bill 1998 Part 12 Young Offenders Act 1994 s. 39 Part 12 -- Young Offenders Act 1994 39. Act amended by this Part The amendments in this Part are to the Young Offenders Act 1994*. 5 [* Reprinted as at 26 November 1996. For subsequent amendments see 1997 Index to Legislation of Western Australia, Table 1, p. 259, and Act No. 29 of 1998.] 40. Section 3 amended Section 3 is amended by inserting in the appropriate 10 alphabetical position the following definition -- " "lock-up" means a lock-up as defined in the Court Security and Custodial Services Act 1998; ". 15 41. Section 15 amended Section 15(1) is amended by inserting after "Act" -- " or under the Court Security and Custodial Services Act 1998 in relation to the young person, and to any 20 person who is authorized to exercise a Schedule power as defined in that Act in relation to the young person or who does any high-level security work as defined in that Act in relation to the young person ". page 24 Court Security and Custodial Services (Consequential Provisions) Bill 1998 Young Offenders Act 1994 Part 12 s. 42 42. Section 16 amended Section 16(1) is amended by inserting after "Crown," -- " or by a contractor as defined in the Court Security and 5 Custodial Services Act 1998, ". 43. Section 118A amended Section 118A(3) is amended by deleting "police". 44. Section 171 amended 10 Section 171(1) is amended by inserting after "officer" -- " or a person who is authorized to exercise a power set out in clause 15 of Schedule 2 to the Court Security and Custodial Services Act 1998 15 ". 45. Section 179 amended Section 179(5) is amended by inserting after "control" -- " or a person who is authorized to exercise a power set 20 out in clause 2 of Schedule 2 to the Court Security and Custodial Services Act 1998 ". page 25 Court Security and Custodial Services (Consequential Provisions) Bill 1998 Part 12 Young Offenders Act 1994 s. 46 46. Section 188 amended Section 188(2) is amended by inserting after "Department" -- " or if a person who is authorized to exercise a power set 5 out in clause 2 of Schedule 2 to the Court Security and Custodial Services Act 1998 has charge for the time being of a detainee ".
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