Western Australian Consolidated Acts

PRISONS ACT 1981 - SECT 5

5 .         Orders for prisons

        (1)         The Minister may, by order —

            (a)         declare any building, enclosure or place to be a prison within the meaning and for the purposes of this Act;

            (b)         alter the boundaries of a prison declared under this subsection or under section 4; and

            (c)         declare that a prison shall with effect from a date specified in the order cease to be a prison and direct the removal of prisoners confined in that prison to a prison named in the order.

        (2)         A building, enclosure or place that was a prison immediately before the coming into operation of section 5 of the Prisons and Sentencing Legislation Amendment Act 2006  ¹ continues as a prison as if the Minister had made an order under subsection (1) declaring it to be a prison.

        (3)         The Minister may, by order, amend or revoke —

            (a)         an order under subsection (1); or

            (b)         a proclamation under subsection (1) as enacted before the coming into operation of section 5 of the Prisons and Sentencing Legislation Amendment Act 2006  ¹ .

        (4)         An order under this section does not have effect until it is published in the Gazette , and may be expressed to have effect from a time that is after its publication in the Gazette .

        [Section 5 amended by No. 65 of 2006 s. 5.]