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


COURT SECURITY AND CUSTODIAL SERVICES (CONSEQUENTIAL PROVISIONS) BILL 1998

                 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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