Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to
subsection (2), the chief executive officer may order that a prisoner who
is confined in a prison shall be removed to and confined in another prison,
and may by instrument in writing authorise a police officer or prison officer
to execute his order.
(2) In the case of a
prisoner who is in safe custody at the direction of the Governor or who is
undergoing a sentence of strict security life imprisonment or a sentence of
life imprisonment in respect of which an order has been made under
section 90(1)(b) of the Sentencing Act 1995 —
(a) the
Governor may make an order of the kind mentioned in subsection (1); and
(b) the
chief executive officer may make an order under subsection (1) if and
only if —
(i)
the chief executive officer is of the opinion that an
emergency requires the order to be made without delay; or
(ii)
in the case of a prisoner subject to an order made under
section 653 or 693(4) of The Criminal Code — the parole
order of the prisoner is suspended or cancelled and he or she is returned to
custody under Part 6 of the Sentence Administration Act 1995 and
the chief executive officer is of the opinion that it would be impracticable
or unsuitable for the prisoner to be detained at the place where the Governor
ordered the prisoner to be confined.
(3) An order made in
accordance with subsection (2)(b) shall be expressed to be either
temporary or to have effect pending the further consideration of the Governor.
[Section 26 amended by No. 52 of 1984
s. 31; No. 47 of 1987 s. 11; No. 113 of 1987 s. 32;
No. 129 of 1987 s. 27; No. 47 of 1991 s. 7; No. 31 of
1993 s. 58; No. 78 of 1995 s. 110; No. 29 of 2008
s. 36(3).]
[ 27, 28. Deleted by No. 65 of 2006
s. 15.]
[ 29, 30. Deleted by No. 78 of 1995
s. 110.]