Acts Amendment (Prisons) Act 1981 (WA)

WESTERN AUSTRALIA.

ACTS AMENDMENT

(PRISONS).

No. 116 of 1981.

AN ACT to amend The Criminal Code and the

Offenders Probation and Parole Act 1963-1980.

[Assented to 14 December 1981.]

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

1.    This Act may be cited as the Acts Amendment Short title.

(Prisons) Act 1981.

Commence.

This Act shall come into operation on the day

fixed for the coming into operation of the Prisons

Act 1981.

ment.

2.

No. 116.] Acts Amendment (Prisons). [1981.

PART I.-THE CRIMINAL CODE.

Interpreta-

tion.	3. In this Part, "the Code" means The Criminal
Reprinted

as approved	Code set out in the Schedule to the Criminal Code
8 December
1978 and	Act 1913 appearing in Appendix B to the Criminal
amended by
Acts Nos. 67,	Code Act Compilation Act 1913, as amended from
68, and 107
of 1979 and	time to time.
96 of 1980.

Section /8

amended. 4. Section 18 of the Code is amended by deleting

"Detention in a reformatory prison" and substitut-

ing the following-

" Detention during the Governor's pleasure in

a prison " .

Section 661

amended. 5. Section 661 of the Code is amended by deleting

"reformatory".

Section 662

amended. 6.

Section 662 of the Code is amended by deleting "reformatory" in both places where it occurs.

Section 663

amended. 7. Section 663 of the Code is amended by deleting

"reformatory".

Section 6 65

amended 8. Section 665 of the Code is amended in subsec- tion (2) by deleting "reformatory prison under and subject to such provisions as shall be made by law for the establishment of such prisons and" and substituting the following-

" prison under and subject to such provisions

as shall be made by law " .

Section 688

amended. 9. Section 688 of the Code is amended in subsec- tion ( la) by deleting paragraph (a) and substituting the following paragraph-

" (a) against any sentence of detention in a prison passed upon him under section 661 or 662 of this Code; and " .

1981.] Acts Amendment (Prisons). [No. 116.

PART II.-OFFENDERS PROBATION AND

PAROLE ACT 1963-1980.

Citation.

10. (1) In this Part, the Offenders Probation and Parole Act 1963-1980 is referred to as the

Reprinted

as approved

11 November

1977 and

principal Act.

amended by

Act No. 96

of 1980.

(2) The principal Act as amended by this Act may be cited as the Offenders Probation and Parole Act 1963-1981.

11. Section 4 of the principal Act is amended— 2,;,=.

(a) in the definition of "Director", by deleting "Director of the Department of Corrections appointed under the Prisons Act, 1903," and substituting the following

CC Permanent Head of the Western Aus-

tralia Prisons Department appointed

under the Prisons Act 1981 " ;

(b) in the definition of "prison" by deleting "four of the Prisons Act, 1903" and substituting the following-

" 3 of the Prisons Act 1981 " ; and

(c) by deleting the definition of "remission regulations".

12. Section 19 of the principal Act is amended =,0,12

in subsection (3) by deleting "fifty-two of the Prisons Act, 1903," and substituting the following-

" 21 of the Prisons Act 1981 " .

13. Section 20P of the principal Act is amended amender

in subsection (3) by deleting "fifty-two of the Prisons Act, 1903," and substituting the following-

" 21 of the Prisons Act 1981 "

No. 116.] Acts Amendment (Prisons). [1981.

Section 34

amended.

14. Section 34 of the principal Act is amended

in paragraph (a) of subsection (1) by deleting

"Prisons Act, 1903," and substituting the following-

" Prisons Act 1981 " .

Section 37

amended.	15. Section 37 of the principal Act is amended in subparagraph (i) of paragraph (b) of subsection (2) by deleting "reformatory".
Section 39

amended. 16. Section 39 of the principal Act is amended

(a) in subsection (1), by deleting "the remis- sion regulations do" and substituting the following-

" section 29 of the Prisons Act 1981

does " ; and

(b) in subsection (3), by deleting "the remis- sion regulations on account of his industry and good conduct if those regulations" and substituting the following

section 29 of the Prisons Act 1981 if

that section "

Section 41

amended.

17. Section 41 of the principal Act is amended

in subsection (1) by deleting "reformatory"

wherever it occurs in paragraphs (b), (c), and (d).

Section 43

amended. 18. Section 43 of the principal Act is amended

in paragraph (c) by deleting "reformatory".

Section 45

amended. 19. Section 45 of the principal Act is amended

by deleting "reformatory".

1981.] Acts Amendment (Prisons). [No. 116.

20. Section 48 of the principal Act is repealed ttgaTd4gnd

and the following section is substituted— substituted.

CC Board to

48. In fixing a minimum term under this Part in respect of any term of imprisonment,	have regard to remission
provisions when fixing
the Board shall have regard to the part, if	minimum
any, of the term of imprisonment that would,	sentence.
in the ordinary course of events, have been remitted pursuant to section 29 of the Prisons Act 1981 if the application of that section had not been excluded by this Act and the Board shall not fix the minimum term to extend beyond the date at which the prisoner in respect of whom the minimum term is being fixed would have been eligible for release under that section. " .