Western Australian Consolidated Acts (1) The Minister may,
by order, declare a facility to be a Departmental facility or a subsidised
facility.
(1a) A facility that
is a Departmental or subsidised facility immediately before the coming into
operation of section 75 of the Prisons and Sentencing Legislation
Amendment Act 2006 continues as a Departmental or subsidised facility as
if the Minister had made the order under subsection (1) declaring it to
be such a facility.
(2) The Minister may,
by order, vary or revoke an order under subsection (1).
(3) 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 .
(4) The chief
executive officer may, with the approval of the Minister, make rules for the
management and control of Departmental facilities and subsidised facilities
generally, or any such facility specified, and for the management and control
of young persons in them and the management of officers of the Department.
(5) Rules made under
subsection (4) may —
(a)
confer a discretionary authority on any person or class of persons;
(b)
confer authority to require a young person at a facility to submit for the
purpose of having a body sample taken or to wear a device for the purpose of
having a body sample taken or detecting the presence of a substance in the
body of the young person.
(6)
Section 181(3), (4), and (5) apply with the necessary modifications to
rules made under subsection (4).
[Section 12 amended by No. 58 of 2004
s. 8; No. 65 of 2006 s. 75.]