Correctional Services Variation Regulations 2009 (SA)

South Australia

Correctional Services Variation Regulations 2009

under section 66(2)(b) of the Correctional Services Act 1982

Contents

Part 1—Preliminary

1. Short title

2. Commencement

3. Variation provisions

Part 2—Variation of Correctional Services Regulations 2001

1. Insertion of regulation 28A

   28APrisoners excluded from automatic release on parole (section 66)

Part 1—Preliminary

1—Short title

These regulations may be cited as the Correctional Services Variation Regulations 2009.

2—Commencement

These regulations come into operation on the day on which they are made.

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Correctional Services Regulations 2001

4—Insertion of regulation 28A

After regulation 28 insert:

28A—Prisoners excluded from automatic release on parole (section 66)

(1)For the purposes of section 66(2)(b) of the Act, a prisoner is excluded from the application of section 66(1) of the Act if any part of the imprisonment for which the prisoner was sentenced is in respect of an offence against section 99I of the Summary Procedure Act 1921 arising out of a breach of a paedophile restraining order.

(2)In this regulation—

paedophile restraining order means—

(a)an order under section 99AA of the Summary Procedure Act 1921; or

(b)an order under section 19A of the Criminal Law (Sentencing) Act 1988 that has effect as a restraining order under section 99AA of the Summary Procedure Act 1921.

Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor

with the advice and consent of the Executive Council

on 26 February 2009

No 17 of 2009

MCS08/001CS