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This is a Bill, not an Act. For current law, see the Acts databases.
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Section 5(1) is repealed and the following subsections are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.]
page 10
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