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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Prisons Amendment Bill 2002
CONTENTS
1. Short title 1
2. Commencement 2
3. The Act amended 2
4. Section 31 amended 2
5. Section 60 amended 2
6. Section 60A inserted 2
7. Section 66 amended 3
8. Section 110 amended 4
page i
98--2
Western Australia
LEGISLATIVE ASSEMBLY
(As amended in Committee)
Prisons Amendment Bill 2002
A Bill for
An Act to amend the Prisons Act 1981.
The Parliament of Western Australia enacts as follows:
1. Short title
This Act may be cited as the Prisons Amendment Act 2002.
page 1
Prisons Amendment Bill 2002
s. 2
2. Commencement
(1) This Act comes into operation on a day fixed by proclamation.
(2) Different days may be fixed under subsection (1) for different
provisions.
5 3. The Act amended
The amendments in this Act are to the Prisons Act 1981*.
[* Reprinted as at 22 December 2000.]
4. Section 31 amended
(1) Section 31(1) is amended by deleting "10" and inserting
10 instead --
" 30 ".
(2) Section 31(2) is amended by deleting "3" and inserting
instead --
" 10 ".
15 5. Section 60 amended
Section 60(1) is amended by deleting "prescribed by regulations
for the purposes of this section".
6. Section 60A inserted
After section 60 the following section is inserted --
20 "
60A. Protection of proof of identity of a visitor to a
prison
(1) In this section --
"proof of identity" means a fingerprint, palm print,
25 eye print, voiceprint or other physical or personal
page 2
Prisons Amendment Bill 2002
s. 7
characteristic provided or used to prove the
identity of a visitor to a prison.
(2) A person must not give any proof of identity to any
other person unless --
5 (a) the proof of identity is given to a prison officer
for the purpose of checking the identity of a
visitor to a prison; or
(b) the person is required to do so by an order of a
court.
10 Penalty: $2 000 or imprisonment for 12 months.
".
7. Section 66 amended
After section 66(2) the following subsections are inserted --
"
15 (3) Notwithstanding any other provision of this Act, the
chief executive officer may in prescribed
circumstances ban a person from visiting a specified
prison for a specified period.
(4) The chief executive officer may revoke a ban.
20 (5) The maximum period that a person may be banned is to
be prescribed and different maximum periods may be
prescribed in relation to different prescribed
circumstances.
(6) If a person is banned, the chief executive officer must
25 give the person written notice of that ban and, subject
to subsection (7), the reasons for the ban.
(7) The chief executive officer is not required under
subsection (6) to give a person a reason for a ban if --
(a) failure to give the reason is necessary to protect
30 the good order and security of a prison; or
page 3
Prisons Amendment Bill 2002
s. 8
(b) the reason is a prescribed reason.
(8) A person banned from visiting a prison may make a
submission to the chief executive officer about --
(a) the chief executive officer's decision to ban the
5 person from visiting a prison; and
(b) any reason given by the chief executive officer
for the ban.
(9) The rules known as the rules of natural justice
(including any duty of procedural fairness) do not
10 apply to or in relation to a decision made under
subsection (3) or (4).
(10) A notice under subsection (6) must contain or be
accompanied by a statement explaining the effect of
subsection (8).
15 ".
8. Section 110 amended
After section 110(1)(ra) the following paragraph is inserted --
"
(rb) requiring a visitor as a condition of entry to a
20 prison to prove his or her identity in a specified
manner, including by means of a fingerprint,
palm print, eye print, voiceprint or other
physical or personal characteristic;
".
page 4
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