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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Court Security and Custodial Services
(Consequential Provisions) Bill 1998
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Anti-Corruption Commission Act 1988
3. Act amended by this Part 3
4. Section 3 amended 3
5. Section 14 amended 3
Part 3 -- Bail Act 1982
6. Act amended by this Part 5
7. Section 3 amended 5
8. Section 11 amended 5
Part 4 -- Coroners Act 1996
9. Section 3 amended 6
page i
51--1
Court Security and Custodial Services (Consequential Provisions) Bill 1998
Contents
Part 5 -- The Criminal Code
10 . Section 1 amended 7
Part 6 -- Freedom of Information Act 1992
11 . Act amended by this Part 8
12 . Section 63 amended 8
13 . Section 96 amended 8
14 . Section 97 amended 9
15 . Schedule 2 Glossary amended 9
Part 7 -- Justices Act 1902
16 . Act amended by this Part 11
17 . Section 41 amended 11
18 . Section 81 amended 11
19 . Section 83 amended 11
20 . Section 203 amended 11
21 . Schedule 4 amended 12
Part 8 -- Parliamentary Commissioner Act 1971
22 . Act amended by this Part 14
23 . Section 4 amended 14
24 . Section 4A amended 15
25 . Section 13 amended 16
26 . Section 17A amended 17
27 . Section 19 amended 17
Part 9 -- Police Act 1892
28 . Act amended by this Part 18
29 . Section 2 amended 18
30 . Section 22 amended 18
31 . Section 53 amended 18
page ii
Court Security and Custodial Services (Consequential Provisions) Bill 1998
Contents
Part 10 -- Prisons Act 1981
32 . Act amended by this Part 20
33 . Section 3 amended 20
34 . Section 14 amended 21
35 . Section 16 amended 21
36 . Section 69 amended 22
37 . Section 71 amended 22
Part 11 -- Spent Convictions Act 1988
38 . Schedule 3 amended 23
Part 12 -- Young Offenders Act 1994
39 . Act amended by this Part 24
40 . Section 3 amended 24
41 . Section 15 amended 24
42 . Section 16 amended 25
43 . Section 118A amended 25
44 . Section 171 amended 25
45 . Section 179 amended 25
46 . Section 188 amended 26
page iii
Western Australia
LEGISLATIVE ASSEMBLY
Court Security and Custodial Services
(Consequential Provisions) Bill 1998
A Bill for
An Act to amend various Acts as a consequence of the enactment of
the Court Security and Custodial Services Act 1998.
The Parliament of Western Australia enacts as follows:
page 1
Court Security and Custodial Services (Consequential Provisions) Bill 1998
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Court Security and Custodial
Services (Consequential Provisions) Act 1998.
5 2. Commencement
This Act comes into operation on such day as is, or such days as
are respectively, fixed by proclamation.
page 2
Court Security and Custodial Services (Consequential Provisions) Bill 1998
Anti-Corruption Commission Act 1988 Part 2
s. 3
Part 2 -- Anti-Corruption Commission Act 1988
3. Act amended by this Part
The amendments in this Part are to the Anti-Corruption
Commission Act 1988*.
5 [* Reprinted as at 1 November 1996.]
4. Section 3 amended
Section 3(1) is amended as follows:
(a) by inserting in the appropriate alphabetical positions the
following definitions --
10 "
"contractor" means a contractor as defined in the
Court Security and Custodial Services Act 1998;
"subcontractor" means a subcontractor as defined in
the Court Security and Custodial Services
15 Act 1998;
";
(b) in the definition of "public authority" --
(i) after paragraph (b) by deleting "or"; and
(ii) after paragraph (c) by inserting --
20 "
or
(d) a contractor or subcontractor;
".
5. Section 14 amended
25 (1) Section 14(6) is amended as follows:
(a) after paragraph (a) by deleting "or";
page 3
Court Security and Custodial Services (Consequential Provisions) Bill 1998
Part 2 Anti-Corruption Commission Act 1988
s. 5
(b) after paragraph (b) by deleting the full stop and inserting
instead --
" ; or ";
(c) after paragraph (b), the following paragraph is
5 inserted --
"
(c) in the case of a contractor and any
subcontractor under the relevant contract, the
holder of the office specified in the relevant
10 contract to be the principal officer for the
purposes of this Act.
".
(2) Section 14(7) is amended by deleting "to any person or body
who or which has the power to take disciplinary action against
15 the person to whom this section applies." and inserting
instead --
"
--
(a) to any person or body who or which has the
20 power to take disciplinary action against the
person to whom this section applies; or
(b) in the case of a principal officer referred to in
subsection (6)(c), to the CEO as defined in the
Court Security and Custodial Services
25 Act 1998.
".
page 4
Court Security and Custodial Services (Consequential Provisions) Bill 1998
Bail Act 1982 Part 3
s. 6
Part 3 -- Bail Act 1982
6. Act amended by this Part
The amendments in this Part are to the Bail Act 1982*.
[* Reprinted as at 13 March 1997.
5 For subsequent amendments see 1997 Index to Legislation of
Western Australia, Table 1, p. 17, and Act No. 38 of 1998.]
7. Section 3 amended
Section 3(1) is amended by inserting in the appropriate
alphabetical position the following definition --
10 "
"lock-up" means a lock-up as defined in the Court
Security and Custodial Services Act 1998;
".
8. Section 11 amended
15 (1) Section 11(2) is amended by deleting "officer in charge of the
lock-up or prison, and that officer" and inserting instead --
"
person in charge of the lock-up or prison, and that
person
20 ".
(2) Section 11(3) is amended by deleting "the officer" and inserting
instead --
" the person ".
page 5
Court Security and Custodial Services (Consequential Provisions) Bill 1998
Part 4 Coroners Act 1996
s. 9
Part 4 -- Coroners Act 1996
9. Section 3 amended
Section 3 of the Coroners Act 1996* is amended in the
definition of "person held in care" after paragraph (a) by
5 inserting the following paragraph --
"
(aa) a person for whom the CEO as defined in the
Court Security and Custodial Services Act 1998
is responsible under section 9, 12, 14 or 15 of
10 that Act, whether that person is at a custodial
place as defined in that Act, is being moved
between custodial places or escapes, or
becomes absent, from a custodial place or
during movement between custodial places;
15 ".
[* Act No. 2 of 1996.
For subsequent amendments see 1997 Index to Legislation of
Western Australia, Table 1, p. 52.]
page 6
Court Security and Custodial Services (Consequential Provisions) Bill 1998
The Criminal Code Part 5
s. 10
Part 5 -- The Criminal Code
10. Section 1 amended
Section 1(1) of The Criminal Code* is amended in the
definition of "public officer" after paragraph (c) by inserting the
5 following paragraph --
"
(ca) a person who holds a permit to do high-level
security work as defined in the Court Security
and Custodial Services Act 1998;
10 ".
[* Reprinted as at 21 April 1997 as the Schedule to the Criminal
Code Act 1913 appearing in Appendix B to the Criminal
Code Compilation Act 1913.
For subsequent amendments see 1997 Index to Legislation of
15 Western Australia, Table 1, p. 58, and Acts Nos. 15, 29 and
38 of 1998.]
page 7
Court Security and Custodial Services (Consequential Provisions) Bill 1998
Part 6 Freedom of Information Act 1992
s. 11
Part 6 -- Freedom of Information Act 1992
11. Act amended by this Part
The amendments in this Part are to the Freedom of Information
Act 1992*.
5 [* Reprinted as at 8 July 1997.
For subsequent amendments see 1997 Index to Legislation of
Western Australia, Table 1, p. 90, and Act No. 13 of 1998.]
12. Section 63 amended
After section 63(3)(a) the following is inserted --
10 "
(aa) if the person is the principal officer of a
contractor or subcontractor -- the Minister to
whom the administration of the Court Security
and Custodial Services Act 1998 is committed;
15 or
".
13. Section 96 amended
After section 96(3) the following subsection is inserted --
"
20 (4) A subcontractor does not have to comply with
subsection (1) if the relevant contractor has complied
with that subsection on behalf of the subcontractor.
".
page 8
Court Security and Custodial Services (Consequential Provisions) Bill 1998
Freedom of Information Act 1992 Part 6
s. 14
14. Section 97 amended
After section 97(2) the following subsection is inserted --
"
(3) A subcontractor does not have to comply with
5 subsections (1) and (2) if the relevant contractor has
complied with those subsections on behalf of the
subcontractor.
".
15. Schedule 2 Glossary amended
10 (1) Schedule 2 is amended by inserting in the appropriate
alphabetical positions in the Glossary the following
definitions --
"
"contractor" means a contractor as defined in the Court
15 Security and Custodial Services Act 1998;
"subcontractor" means a subcontractor as defined in the Court
Security and Custodial Services Act 1998;
".
(2) Schedule 2 is amended in the definition of "officer" in the
20 Glossary as follows:
(a) after paragraph (b) by deleting "and";
(b) after paragraph (c) by inserting --
"
and
25 (d) if the agency is a contractor or subcontractor,
a director of the contractor or subcontractor
(in addition to the persons referred to in
paragraphs (a), (b) and (c));
".
page 9
Court Security and Custodial Services (Consequential Provisions) Bill 1998
Part 6 Freedom of Information Act 1992
s. 15
(3) Schedule 2 is amended in the definition of "principal officer" in
the Glossary after paragraph (f) by inserting the following
paragraph --
"
5 (fa) in relation to a contractor or to any subcontractor
under the relevant contract -- the holder of the
office specified in the relevant contract to be the
principal officer for the purposes of this Act;
".
10 (4) Schedule 2 is amended in the definition of "public body or
office" in the Glossary as follows:
(a) after paragraph (f) by deleting "or";
(b) after paragraph (g) by inserting --
"
15 or
(h) a contractor or subcontractor;
".
page 10
Court Security and Custodial Services (Consequential Provisions) Bill 1998
Justices Act 1902 Part 7
s. 16
Part 7 -- Justices Act 1902
16. Act amended by this Part
The amendments in this Part are to the Justices Act 1902*.
[* Reprinted as at 4 June 1997.
5 For subsequent amendments see 1997 Index to Legislation of
Western Australia, Table 1, p. 122, and Act No. 29 of 1998.]
17. Section 41 amended
Section 41 is amended by inserting after "police officer" --
"
10 or a person who is authorized to exercise a power set
out in clause 3 of Schedule 2 to the Court Security and
Custodial Services Act 1998,
".
18. Section 81 amended
15 Section 81 is amended by deleting "officer" and inserting
instead --
" person ".
19. Section 83 amended
Section 83 is amended by deleting "officer" and inserting
20 instead --
" person ".
20. Section 203 amended
Section 203(1), (2) and (4) are amended by deleting "officer"
and inserting instead --
25 " person ".
page 11
Court Security and Custodial Services (Consequential Provisions) Bill 1998
Part 7 Justices Act 1902
s. 21
21. Schedule 4 amended
(1) Forms 15 and 16 in Schedule 4 are amended as follows:
(a) by inserting after "said State," --
"
5 and to all persons authorized to exercise a power set out in
clause 2 or 3, as the case requires, of Schedule 2 to the
Court Security and Custodial Services Act 1998,
";
(b) by inserting after "said police officers" --
10 " and authorized persons ".
(2) Forms 52, 56, 57, 58 and 62 in Schedule 4 are amended as
follows:
(a) by inserting after "Western Australia," --
"
15 and to all persons authorized to exercise a power set out in
clause 2 or 3, as the case requires, of Schedule 2 to the
Court Security and Custodial Services Act 1998,
";
(b) by inserting after "said police officers" --
20 " and authorized persons ".
(3) Form 53 in Schedule 4 is amended by inserting after "said
State" where it first occurs --
"
and to all persons authorized to exercise a power set out in
25 clause 3 of Schedule 2 to the Court Security and Custodial
Services Act 1998
".
page 12
Court Security and Custodial Services (Consequential Provisions) Bill 1998
Justices Act 1902 Part 7
s. 21
(4) Form 54 in Schedule 4 is amended by inserting after "Western
Australia," --
"
and to all persons authorized to exercise a power set out in
5 clause 2 or 3, as the case requires, of Schedule 2 to the
Court Security and Custodial Services Act 1998,
".
page 13
Court Security and Custodial Services (Consequential Provisions) Bill 1998
Part 8 Parliamentary Commissioner Act 1971
s. 22
Part 8 -- Parliamentary Commissioner Act 1971
22. Act amended by this Part
The amendments in this Part are to the Parliamentary
Commissioner Act 1971*.
5 [* Reprinted as at 20 January 1997.
For subsequent amendments see 1997 Index to Legislation of
Western Australia, Table 1, p. 171, and Acts Nos. 41 of 1997
and 10 of 1998.]
23. Section 4 amended
10 (1) Section 4 is amended by inserting in the appropriate
alphabetical positions the following definitions --
"
"contractor" means a contractor as defined in the
Court Security and Custodial Services Act 1998;
15 "subcontractor" means a subcontractor as defined in the
Court Security and Custodial Services Act 1998;
".
(2) Section 4 is amended in the definition of "principal officer" as
follows:
20 (a) after paragraph (a) by deleting "and";
(b) after paragraph (a) by inserting --
"
(aa) in relation to a contractor and to any
subcontractor under the relevant contract, the
25 holder of the office specified in the relevant
contract to be the principal officer for the
purposes of this Act; and
".
page 14
Court Security and Custodial Services (Consequential Provisions) Bill 1998
Parliamentary Commissioner Act 1971 Part 8
s. 24
(3) Section 4 is amended by deleting the definition of "responsible
Minister" and inserting the following definition instead --
"
"responsible Minister" means --
5 (a) in relation to action taken by any department
or authority, the Minister charged with the
administration of that department or the
enactment in relation to the functions
conferred by, or arising under, which the
10 action was taken; and
(b) in relation to action taken by a contractor or
subcontractor, the Minister to whom the
administration of the Court Security and
Custodial Services Act 1998 is committed;
15 ".
24. Section 4A amended
Section 4A(1) is amended as follows:
(a) after paragraph (e) by deleting the full stop and inserting
a semicolon instead;
20 (b) after paragraph (e) the following paragraph is
inserted --
" (f) a contractor or subcontractor. ".
page 15
Court Security and Custodial Services (Consequential Provisions) Bill 1998
Part 8 Parliamentary Commissioner Act 1971
s. 25
25. Section 13 amended
Section 13(3)(b) and (c) are deleted and the following is
inserted instead --
"
5 (b) references to an officer of an authority shall be
construed --
(i) as including references to an officer
appointed by, or a person employed or
engaged to work in, that authority under
10 any enactment; and
(ii) in the case of a contractor or
subcontractor, as also including
references to an officer of, or a person
employed or engaged to work for, the
15 contractor or subcontractor;
and
(c) references to a member of an authority shall be
construed --
(i) as including references to the holder of
20 any office created by an enactment who
by virtue of his holding that office is a
member of that authority; and
(ii) in the case of a contractor or
subcontractor, as including references to
25 each director of the contractor or
subcontractor.
".
page 16
Court Security and Custodial Services (Consequential Provisions) Bill 1998
Parliamentary Commissioner Act 1971 Part 8
s. 26
26. Section 17A amended
(1) Section 17A(4) is amended by inserting after "that Act," --
"
the CEO as defined in the Court Security and Custodial
5 Services Act 1998,
".
(2) After section 17A(5) the following subsection is inserted --
"
(5a) A reference in subsection (1) to an officer in whose
10 custody a person is detained includes a reference to a
person authorized to exercise a power set out in
Division 1, 2 or 3 of Schedule 2, or in Schedule 3, to
the Court Security and Custodial Services Act 1998 in
relation to the detained person.
15 ".
27. Section 19 amended
Section 19(7)(b) is amended by inserting after "constituted" --
"
or, in the case of a contractor or subcontractor, to the
20 Minister to whom the administration of the Court
Security and Custodial Services Act 1998 is committed
".
page 17
Court Security and Custodial Services (Consequential Provisions) Bill 1998
Part 9 Police Act 1892
s. 28
Part 9 -- Police Act 1892
28. Act amended by this Part
The amendments in this Part are to the Police Act 1892*.
[* Reprinted as at 31 January 1997.
5 For subsequent amendments see 1997 Index to Legislation of
Western Australia, Table 1, p. 184, and Act No. 10 of 1998.]
29. Section 2 amended
Section 2 is amended by inserting in the appropriate
alphabetical position the following definition --
10 "
"lock-up" means a lock-up as defined in the Court
Security and Custodial Services Act 1998;
".
30. Section 22 amended
15 Section 22 is amended by deleting "in attendance upon" and
inserting instead --
" available to ".
31. Section 53 amended
Section 53 is amended in the definition of "police officer" as
20 follows:
(a) after paragraph (c) by deleting the semicolon and
inserting a comma instead;
page 18
Court Security and Custodial Services (Consequential Provisions) Bill 1998
Police Act 1892 Part 9
s. 31
(b) by inserting after paragraph (c) the following --
"
and includes a person who is authorized to
exercise a power set out in clause 16 of Schedule 2
5 to the Court Security and Custodial Services
Act 1998 but the references to a police officer in
section 53A and 53I (a), (b), (c) and (d)(ii) (except
Item (A)) are not to be regarded as including the
authorized person;
10 ".
page 19
Court Security and Custodial Services (Consequential Provisions) Bill 1998
Part 10 Prisons Act 1981
s. 32
Part 10 -- Prisons Act 1981
32. Act amended by this Part
The amendments in this Part are to the Prisons Act 1981*.
[* Reprinted as at 21 November 1996.
5 For subsequent amendments see 1997 Index to Legislation of
Western Australia, Table 1, p. 188.]
33. Section 3 amended
(1) Section 3 is amended by inserting in the appropriate
alphabetical position the following definition --
10 "
"lock-up" means a lock-up as defined in the Court
Security and Custodial Services Act 1998;
".
(2) Section 3 is amended in the definition of "superintendent" by
15 deleting "police officer who is in charge of a police lock up"
and inserting instead --
" person who is in charge of a lock-up ".
(3) Section 3 is amended by inserting before the first word the
subsection designation "(1)".
20 (4) Section 3 is amended by inserting the following subsection --
"
(2) A reference in a provision of this Act set out in the
Table to this subsection to a prison officer or to an
officer includes a reference to a person who is
25 authorized to exercise a power set out in clause 2 of
Schedule 2 to the Court Security and Custodial
Services Act 1998.
page 20
Court Security and Custodial Services (Consequential Provisions) Bill 1998
Prisons Act 1981 Part 10
s. 34
Table
s. 18 s. 27(3)
s. 24 s. 83(4) and (6)
s. 25 s. 84
s. 26(1) s. 85(2)(a)
".
34. Section 14 amended
(1) Section 14 is amended by inserting before the first word the
5 subsection designation "(1)".
(2) Section 14 is amended by inserting the following subsection --
"
(2) A person who is authorized to exercise a power set out
in clauses 2 and 11(3) of Schedule 2 to the Court
10 Security and Custodial Services Act 1998 may issue to
a prisoner such orders as are necessary for the purposes
of the provisions of this Act set out in the Table to
section 3(2).
".
15 35. Section 16 amended
(1) Section 16(5) and (7) are amended as follows:
(a) by deleting in each case "Commissioner of Police" and
inserting instead --
"
20 CEO as defined in the Court Security and Custodial
Services Act 1998
";
page 21
Court Security and Custodial Services (Consequential Provisions) Bill 1998
Part 10 Prisons Act 1981
s. 36
(b) by deleting in each case "police lock up" and inserting
instead --
" lock-up ".
(2) Section 16(8) is amended by deleting "police officer in charge
5 of the lock up" and inserting instead --
" person in charge of the lock-up ".
(3) Section 16(9) and (10) are amended by deleting "police lock
up" and inserting instead --
" lock-up ".
10 36. Section 69 amended
Section 69(a) is amended by inserting after "him" --
" or a person referred to in section 14(2) ".
37. Section 71 amended
Section 71(1) is amended by inserting after "prison officer" --
15 "
or person who is authorized to exercise a power set out
in clause 14 of Schedule 2 to the Court Security and
Custodial Services Act 1998
".
page 22
Court Security and Custodial Services (Consequential Provisions) Bill 1998
Spent Convictions Act 1988 Part 11
s. 38
Part 11 -- Spent Convictions Act 1988
38. Schedule 3 amended
The Spent Convictions Act 1988* is amended in Schedule 3 by
inserting after item 11 in the Table to clause 1 the following
5 item --
"
12. A person -- Section 18,
(a) who is authorized, or who is 19, 20, 22
being considered for and
authorization, to exercise a Division 4
Schedule power as defined in
the Court Security and
Custodial Services Act 1998; or
(b) who holds, or who is applying
to be issued with, a permit to do
high-level security work as
defined in that Act.
".
[* Reprinted as at 19 November 1996.
For subsequent amendments see 1997 Index to Legislation of
10 Western Australia, Table 1, p. 217, and Act No. 10 of 1998
and Gazette 27 February 1998 and 9 October 1998.]
page 23
Court Security and Custodial Services (Consequential Provisions) Bill 1998
Part 12 Young Offenders Act 1994
s. 39
Part 12 -- Young Offenders Act 1994
39. Act amended by this Part
The amendments in this Part are to the Young Offenders
Act 1994*.
5 [* Reprinted as at 26 November 1996.
For subsequent amendments see 1997 Index to Legislation of
Western Australia, Table 1, p. 259, and Act No. 29 of 1998.]
40. Section 3 amended
Section 3 is amended by inserting in the appropriate
10 alphabetical position the following definition --
"
"lock-up" means a lock-up as defined in the Court
Security and Custodial Services Act 1998;
".
15 41. Section 15 amended
Section 15(1) is amended by inserting after "Act" --
"
or under the Court Security and Custodial Services
Act 1998 in relation to the young person, and to any
20 person who is authorized to exercise a Schedule power
as defined in that Act in relation to the young person or
who does any high-level security work as defined in
that Act in relation to the young person
".
page 24
Court Security and Custodial Services (Consequential Provisions) Bill 1998
Young Offenders Act 1994 Part 12
s. 42
42. Section 16 amended
Section 16(1) is amended by inserting after "Crown," --
"
or by a contractor as defined in the Court Security and
5 Custodial Services Act 1998,
".
43. Section 118A amended
Section 118A(3) is amended by deleting "police".
44. Section 171 amended
10 Section 171(1) is amended by inserting after "officer" --
"
or a person who is authorized to exercise a power set
out in clause 15 of Schedule 2 to the Court Security
and Custodial Services Act 1998
15 ".
45. Section 179 amended
Section 179(5) is amended by inserting after "control" --
"
or a person who is authorized to exercise a power set
20 out in clause 2 of Schedule 2 to the Court Security and
Custodial Services Act 1998
".
page 25
Court Security and Custodial Services (Consequential Provisions) Bill 1998
Part 12 Young Offenders Act 1994
s. 46
46. Section 188 amended
Section 188(2) is amended by inserting after "Department" --
"
or if a person who is authorized to exercise a power set
5 out in clause 2 of Schedule 2 to the Court Security and
Custodial Services Act 1998 has charge for the time
being of a detainee
".
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