Corrective Services (Consequential Amendments) Act 1988 (Qld)

1142 @ueenetanb ANNO TRICESIMO SEPTIMO ELIZABETHAE SECUNDAE REGINAE 0 No. 88 of 1988 An Act to make amendments to certain Acts consequential upon the enactment of the Corrective Services (Administration ) Act 1988 and the Corrective ServicesAct 1988 and for other purposes [ASSENTED TO 1ST DECEMBER, 1988]

Corrective Services (Consequential Amendments) Act 1988, No. 88 1143 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title . This Act may be cited as the Corrective Services (Consequential Amendments) Act 1988. 2. Commencement . (1) Section 1 and this section shall commence on the day on which this Act is assented to for and on behalf of Her Majesty. (2) Subject to subsection (1), this Act shall commence on the date appointed under section 7 of the Corrective Services (Administration)Act 1988. 3. Amendments of scheduled Acts. (1) An Act referred to in Schedule I is amended in the provision thereof specified in the first column of the schedule as specified in the second column of the schedule opposite that provision. (2) An Act referred to in Schedule I as amended by this Act may be cited as specified in relation to that Act in the third column of the schedule. 4. Amendment of Recording of EvidenceAct. (1) The Recording of Evidence Act of 1962 is amended by, in section 12 (2), omitting the words "with hard labour". (2) The Recording of Evidence Act of 1962 as amended by The Justices Acts and Other Acts Amendment Act of 1968 and this Act may be cited as the Recording of Evidence Act 1962-1988. 5. Amendments of The Criminal Code. The Criminal Code is amended in each provision thereof specified in the first column of Schedule II as specified in the second column of the schedule opposite that provision. 6. Savings and transitional-Security Patients ' Hospital at Wacol Prison . (1) On and from the date appointed under section 7 of the Corrective Services (Administration) Act 1988- (a) the Security Patients' Hospital at Wacol Prison, declared under the Prisons Act 1958-1988, shall continue to be a security patients' hospital within the meaning of that Act and, subject to this section, the provisions of that Act and the Mental Health Services Act 1974-1988 shall apply to that security patients' hospital as if the Corrective ServicesAct 1988 had not commenced and as if the provision in Schedule I of this Act amending the definition "security patients' hospital" in section 5 (1) of the Mental Health Services Act 1974-1987 had not commenced; (b) the Commission shall have all the powers and functions that, immediately before that day, were conferred or imposed by or under the Prisons Act 1958-1988 or the Mental Health

1144 Corrective Services (Consequential Amendments) Act 1988, No. 88 Services Act 1974-1987 upon the Comptroller-General of Prisons in respect of security patients' hospitals and patients detained therein; (c) the power of the Commission to appoint general managers, custodial correctional officers and other officers under the Corrective Services (Administration) Act 1988 includes power to appoint in' respect of the Security Patients' Hospital at Wacol Prison a general manager and such custodial correctional officers and other officers as it thinks fit for the purpose of discharging the functions referred to in paragraph (b); (d) the person who holds office as general manager of the Security Patients' Hospital at Wacol Prison or the person for the time being performing the duties of that office shall have all the powers and functions that, immediately before that day, were conferred or imposed by or under the Prisons Act 1958-1988 or the Mental Health Services Act 1974-1987 upon the superintendent of a security patients' hospital within the meaning of the Prisons Act 1958-1988; (e) a reference in Part IX of the Mental Health Services Regulations 1985 to a prison officer shall be read as a reference to a custodial correctional officer within the meaning of the Corrective Services Act 1988. (2) The Governor in Council may declare that the Security Patients' Hospital at Wacol Prison cease to be a security patients' hospital whereupon the provisions of subsection (1) shall be of no further force or effect. SCHEDULE 1 (s. 3) Act and Provision Amended Amendment Citation Acquisition of Land Act 1967- 1986 paragraph (a) of the Second Schedule insert after the word "prisons" the words "(including community corrections centres under the CorrectiveServices Act 1988)" Acquisition of LandAct 1967-1988 ActsInterpretationAct 1954-1985 s. 41 omit subsection (4) Acts InterpretationAct 1954-1988

Corrective Services (Consequential Amendments) Act 1988, No. 88 1145 SCHEDULE I-continued Act and Provision Amended Amendment Citation Associations Incorporation Act 1981 s. 55 (1) omit the words ", with or without hard labour," AssociationsIncorporation Act1981-1988 Auctioneers andAgents Act 1971- 1988 s. 85 omit the words "with hard labour" Auctioneers andAgents Act 1971- 1988 Auctioneers andAgents ActAmendment Act1988 s. 28 omit the words "with hard labour" Auctioneers andAgents ActAmendment Act1988 Bail Act 1980- 1987 s. 20 (5) s. 20 (6) (c) (i) omit the words "prison officer" and substitute the words "general manager of a prison or his delegate," omit subparagraph (i) and substitute the following subparagraph:- "(i) is in prison, the general manager within the meaning of the CorrectiveServices Act 1988 of the prison, or his delegate authorized in writing in that behalf;" Bail Act 1980-1988

1146 Corrective Services (Consequential Amendments) Act 1988, No. 88 SCHEDULE I-continued Act and Provision Amended Amendment Citation Children's Services Act 1965-1988 s. 29 (1) omit the words "with hard labour" where they twice occur s. 63 (1) omit the words "with hard labour" Children's ServicesAct 1965-1988 Commissions ofInquiry Act 1950- 1988 s. 5B omit section 5B and substitute the following section:- "5B. Attendance of prisoner or patient before Commission . (1) Where a chairman requires the attendance before a Commission of- (a) a prisoner, the chairman may, by writing under his hand served on the appropriate general manager, direct the general manager to produce the prisoner named or described in the writing at the time and place stated therein; (b) a patient detained in a hospital pursuant to the Mental Health Services Act 1974 or that Act as amended and in force for the time being, the chairman may, by writing under his hand served on the appropriate hospital administrator, direct

Corrective Services (Consequential Amendments) Act 1988, No. 88 1147 SCHEDULE I-continued Act and Provision Amended Commissions of Inquiry Act 1950- 1988-continued Amendment Citation the hospital administrator to produce the patient named or described in the writing at the time and place stated therein. (2) A direction served under subsection (1) is sufficient warrant or authority to the general manager or hospital administrator for producing such prisoner or patient, as the case may be, who shall be produced accordingly. (3) In this section the term "prisoner" and the term "general manager" has the meaning assigned to the term by the CorrectiveServices Act 1988 and the term "hospital" and the term "hospital administrator" has the meaning assigned to the term by the Mental Health Services Act 1974-1988." Commissions ofInquiry Act 1950- 1988 Contractors' TrustAccounts Act1974-1981 s. 14 (1) omit the words "with hard labour" where they twice occur Contractors' TrustAccounts Act1974-1988

1148 Corrective Services (Consequential Amendments) Act 1988, No. 88 SCHEDULE I-continued Act and Provision Amended Amendment Citation Coroners Act 1958-1982 s. 7 (1) (a) omit from the proviso all words from and including the words "(i) Any" to and including the words "justice; or" Coroners Act 1958- 1988 Cremation Act1913-1978 s. 5 (3) omit the words "with hard labour" s. 7 omit the words "with hard labour" CremationAct 1913- Criminal Law 1988 (Rehabilitation of Offenders) Act 1986-1988 s. 9 (2) omit the words "or the Parole Board of Queensland" and substitute the words ", or the Queensland Community Corrections Board or a regional community corrections board constituted under the CorrectiveServicesAct1988," s. 9A (1) omit from the first column of the Table the words "Member of the Prison Service within the meaning of the Prisons Act 1958- 1974 or of any Act passed in substitution therefor" and substitute the words "Officer or employee of The Queensland Corrective Services Commission" Criminal Law (Rehabilitation of Offenders) Act 1986-1988

Corrective Services (Consequential Amendments) Act 1988, No. 88 1149 SCHEDULE I-continued Act and Provision Amended Amendment Citation Drugs Misuse Act 1986-1987 s. 4 (4) s. 5 s. 6 s. 7 (1) s. 7 (2) s. 8 s. 9 s. 13 (2) s. 25 s. 41 (7) s. 41 (8) s. 46 (2) s. 48 (5) omit the words "with hard labour" omit the words "with hard labour" where they twice occur omit the words "with hard labour" where they occur four times omit the words "with hard labour" omit the words "with hard labour" omit the words "with hard labour" wherever they occur omit the words "with hard labour" wherever they occur omit the words "with hard labour" omit the words "with hard labour" omit the words "with hard labour" omit the words "with hard labour" where they twice occur omit the words "with hard labour" where they twice occur omit the words "with hard labour" omit the words "with hard labour" omit the words "with hard labour" omit the words "with hard labour" omit the words "with hard labour"

1150 Corrective Services (Consequential Amendments) Act 1988, No. 88 SCHEDULE I-continued Act and Provision Amended Amendment Citation Drugs Misuse Act 1986-1987- continued s. 48 (6) s. 49 (1) s. 54 (1) s. 54 (2) Evidence Act1977-1986 s. 95 (5) omit the words "with hard labour" omit the words "with hard labour" omit the words "with hard labour" where they twice occur omit the words "with hard labour" Drugs Misuse Act1986-1988 omit the words "with hard labour" EvidenceAct 1977- 1988 Explosives Act1952-1981 s. 39 s. 44 (2) omit the words ", with or without hard labour," omit the words "with or without hard labour" Explosives Act 1952- 1988 Firearms andOffensiveWeapons Act1979-1986 s. 6 insert after paragraph (g) the following paragraph:- "(ga) undergoing a course of training in the use of firearms as part of a course conducted by The Queensland Corrective Services Commission for the purpose of his being appointed as a custodial correctional

Corrective Services (Consequential Amendments) Act 1988, No. 88 1151 SCHEDULE I-continued Act and Provision Amended Amendment Firearms and Offensive Weapons Act 1979-1986- continued officer under the CorrectiveServices(Administration) Act1988 or for the purpose of his being authorized to discharge any function or exercise any power of a general manager or a custodial correctional officer under section 19 (3) of that Act;" add at the end of the section the following paragraph:- "In paragraph (a) the reference to a member of the prison service of this State shall be taken to refer to- an officer of The Queensland Corrective Services Commission appointed under the CorrectiveServices(Administration) Act 1988 and employed by that commission in connexion with custodial corrections within the meaning of that Act; and a person authorized under section 19 (3) of the Corrective Services(Administration) Act 1988 to discharge any function or exercise any power of a general manager or custodial correctional Citation

1152 Corrective Services (Consequential Amendments) Act 1988, No. 88 SCHEDULE I-continued Act and Provision Amended Firearms and Offensive Weapons Act 1979-1986- continued Amendment Citation I officer appointed under that Act." Firearms and Offensive Weapons Act 1979-1988 Health Act 1937- 1988 s. 76 s. 131 (2) s. 143 (2) omit the words "with or without hard labour" omit from the second paragraph the words "with or without hard labour" where they twice occur omit the words ", with or without hard labour," Health Act 1937- 1988 Industrial Conciliation and Arbitration Act 1961-1988 s. 60 (2) omit from the second paragraph the words ", with or without hard labour," Industrial Conciliation and Arbitration Act 1961-1988 Inspection of Machinery Act 1951-1987 s. 61 (1) omit the words "with or without hard labour" Inspection of Machinery Act 1951-1988

Corrective Services (Consequential Amendments) Act 1988, No. 88 1153 SCHEDULE I-continued Act and Provision Amended Amendment Citation Jury Act 1929- 1988 s. 8 (1) omit paragraph (xa) and substitute the following paragraph:- "(xa) Commissioners, officers and employees of The Queensland Corrective Services Commission and persons appointed (otherwise than as volunteers ) under the Corrective Services Act1988;" Jury Act 1929-1988 Justices Act 1886- 1988 s. 163 s. 163A s. 165 s. 166 s. 167 s. 173 omit the words "with or without hard labour" omit the words ", with or without hard labour," omit the words "with or without hard labour" where they twice occur omit the words "with or without hard labour" where they first occur omit the words "with or without hard labour, as the case may be," omit the words ", with or without hard labour," omit the words "with hard labour" omit the words "impose the same without hard labour, and may" omit the words "or do either of such acts" Justices Act 1886- 1988

1154 Corrective Services (Consequential Amendments) Act 1988, No. 88 SCHEDULE I-continued Act and Provision Amended Amendment Citation Liquor Act 1912- 1987 s. 111 omit the words "with or without hard labour" where they twice occur Liquor Act 1912- 1988 Medical Act 1939- 1987 s. 32 omit the words "with or without hard labour" Medical Act 1939- 1988 Mental Health Services Act 1974- 1987 s. 3 s. 5 (1) omit subsection (2) insert after the definition "authorized person" the following definition:- " "Commission" means The Queensland Corrective Services Commission constituted by the CorrectiveServices(Administration) Act1988;" omit from the definition "prison " the words "Prisons Act 1958-1969" and substitute the words "Corrective Services Act 1988" omit from the definition "security patients' hospital" the words "a security

Corrective Services (Consequential Amendments) Act 1988, No. 88 1155 SCHEDULE I-continued Act and Provision Amended Mental Health Services Act 1974- 1987-continued Amendment patients' hospital within the meaning of the Prisons Act 1958-1974 and" s. 28A omit the definition "Parole Board" s. 31 (1) s. 31 (2) omit the second paragraph and substitute the following words:- "For the purposes of this section an authorized person is- (a) in respect of a place of custody under the management of the Commission, a person appointed by the Commission in that behalf; (b) in respect of any other place of custody, the person in charge of that place or such other person as is prescribed in respect of that place." omit all words from and including the words "The application and recommendation" to the end of the subsection and substitute the following words:- "The application and recommendation shall be in accordance with such other conditions and requirements as are prescribed and, where the person in respect of whom the application is made is Citation

1156 Corrective Services (Consequential Amendments) Act 1988, No. 88 SCHEDULE I-continued Act and Provision Amended Amendment Mental Health Services Act 1974- 1987-continued s. 31 (3) a prisoner within the meaning of the CorrectiveServicesAct 1988, the making of the application shall be approved by the Commission. An application duly made and the recommendation on which it is founded shall together be lawful authority- (a) for any member of the police force or any correctional officer (within the meaning of the Corrective ServicesAct 1988) to convey the person in respect of whom the application is made to the security patients' hospital; and (b) for the hospital administrator to admit the person to the hospital and detain him until he is dealt with otherwise in accordance with this section. Upon the admission of the person to the security patients' hospital the hospital administrator shall forthwith notify the Director." omit the second paragraph and substitute the following words:- "If the psychiatrist certifies that the patient needs to be Citation

Corrective Services (Consequential Amendments) Act 1988, No. 88 1157 SCHEDULE I-continued Act and Provision Amended Amendment Mental Health Services Act 1974- 1987-continued so detained the patient shall be detained pursuant to this section but if the psychiatrist certifies that he does not need to be so detained- (a) the hospital administrator shall forthwith inform the Director and the Commission and, where the patient was not before admission to the security patients' hospital a prisoner within the meaning of the Corrective Services Act1988, the authorized person in respect of the place of custody from which the patient was admitted; and (b) the Commission shall cause the patient to be removed from the hospital and, on being removed, he shall be deemed to be a prisoner within the meaning of the Corrective Services Act1988 (whether or not he was such a prisoner immediately before his admission to the security patients' hospital) and that Act shall apply accordingly." s. 31 (4) omit the subsection Citation

1158 Corrective Services (Consequential Amendments) Act 1988, No. 88 SCHEDULE I-continued Act and Provision Amended Amendment Mental Health Services Act 1974- 1987-continued s. 38 (11) omit from paragraph (a) the words "Comptroller- General of Prisons" and substitute the word "Commission" s. 39 (6) omit the second paragraph and substitute the following paragraph:- "The Tribunal that has reviewed a patient's mental condition under this subsection shall, if it is of the opinion that the patient can be released having regard to the interests of his own welfare and the protection of other persons, recommend to the Queensland Community Corrections Board accordingly." s. 39 (7) omit subsection (7) and substitute the following subsection:- "(7) Where pursuant to a Tribunal's determination a patient is detained in a prison and a Tribunal has made a recommendation to the Queensland Community Corrections Board pursuant to subsection (6), it is competent to the Board to release him from prison on parole and for that purpose the provisions of Part IV of the Corrective ServicesAct 1988 shall with all necessary adaptations and modifications apply accordingly except that the application for parole shall Citation

Corrective Services (Consequential Amendments) Act 1988, No. 88 1159 Act and Provision Amended Mental Health Services Act 1974- 1987-continued SCHEDULE I-continued Amendment be forwarded to the secretary to the Queensland Community Corrections Board and shall not be considered by a regional community corrections board. A patient released on parole pursuant to this subsection shall be under the supervision of a community correctional officer within the meaning of the Corrective ServicesAct 1988 for such period as the Queensland Community Corrections Board from time to time determines." Citation s. 42 s. 43 (1) omit the words "Comptroller- General of Prisons" and substitute the word "Commission" omit from the first paragraph the words "a prison and admitted to a" and substitute the words "his place of custody and admitted to a security patients' " omit the second and third paragraphs and substitute the following words:- "Every such admission shall be based on an application made by a person who is an authorized person in respect of that place of custody.

1160 Corrective Services (Consequential Amendments) Act 1988, No. 88 SCHEDULE I-continued Act and Provision Amended Amendment Mental Health Services Act 1974- 1987-continued For the purposes of this section an authorized person is- (a) in respect of a place of custody under the management of the Commission, a person appointed by the Commission in that behalf; (b) in respect of any other place of custody, the person in charge of that place or such other person as is prescribed in respect' of that place." s. 43 (3) s. 43 (4) insert after the word "prescribed" the words and, where the prisoner is a prisoner within the meaning of the CorrectiveServicesAct 1988, the making of the application shall be approved by the Commission" omit the subsection and substitute the following subsection:- "(4) An application duly made and the recommendation on which it is founded shall together be lawful authority- (a) for any member of the police force or any correctional officer (within the meaning of the Corrective ServicesAct 1988) to convey the prisoner to a Citation

Corrective Services (Consequential Amendments) Act 1988, No. 88 1161 SCHEDULE I-continued Act and Provision Amended Mental Health Services Act 1974- 1987-continued Amendment security hospital; patients' and (b) for the hospital administrator to admit the person to the hospital and detain him until he is otherwise dealt with in accordance with this section." Citation s. 43 (5) omit the second paragraph and substitute the following words:- "If the psychiatrist certifies that the person needs to be so detained the person shall be detained pursuant to this section but if the psychiatrist certifies that he does not need to be so detained- (a) the hospital administrator shall forthwith inform the Director and the Commission and, where the person was not before admission to the security patients' hospital a prisoner within the meaning of the Corrective Services Act1988, the authorized person in respect of the place of custody from which the person was admitted; and

1162 Corrective Services (Consequential Amendments) Act 1988, No. 88 Act and Provision Amended Mental Health Services Act 1974- 1987-continued SCHEDULE I-continued Amendment (b) the Commission shall cause the person to be removed from the hospital and, on being removed , he shall be deemed to be a prisoner within the meaning of the Corrective Services Act1988 ( whether or not he was such a prisoner immediately before his admission to the security patients' hospital ) and that Act shall apply accordingly." Citation s. 43 (6) omit all words from and including the words "for the balance of', occurring in the first paragraph, to the end of the second paragraph and substitute the following words:- "until the expiration of his period of imprisonment or detention. Where a person is admitted to a hospital pursuant to this section- (a) the provisions of this Act relating to the treatment or custody of a patient shall, subject to this subsection, apply to that person with all necessary modifications; and

Corrective Services (Consequential Amendments) Act 1988, No. 88 1163 SCHEDULE I-continued Act and Provision Amended Amendment Mental Health Services Act 1974- 1987-continued (b) the provisions of section 50A (3) shall apply to the person as if he were a restricted patient." omit the final paragraph and substitute the following words:- "If the psychiatrist nominated by the Director certifies that the person detained does not need to be detained any longer on account of mental illness- (a) the hospital administrator shall forthwith inform the Commission; and (b) the Commission shall cause the person to be removed from the hospital and, on being removed, he shall be deemed to be a prisoner within the meaning of the Corrective Services Act1988 (whether or not he was such a prisoner immediately before his admission to a security patients' hospital) and that Act shall apply accordingly." s. 43 (9), ( 10) and omit subsections (9), (10) and (11) (11) and substitute the following subsections:- "(9) In this section the expression "the expiration of his period of imprisonment" means the Citation

1164 Corrective Services (Consequential Amendments) Act 1988, No. 88 SCHEDULE I-continued Act and Provision Amended Mental Health Services Act 1974- 1987-continued Amendment day calculated by the Commission pursuant to regulations made under this Act (the Governor in Council being hereby authorized to make such regulations) as the day on which the period of imprisonment of the prisoner is deemed for the purposes of this section to expire. (10) A calculation referred to in subsection (9) shall be made by the Commission and notified to the Director as near as is practicable to the time of the prisoner's admission to hospital pursuant to this section. (11) Subject to subsection (12) but notwithstanding any other provision of this Act, a person serving a sentence of imprisonment or detention for a period pursuant to the order of a court who is detained in a security patients' hospital or other hospital may be released on parole- (a) in the case of a person undergoing a term of imprisonment for life-by the Governor in Council; and (b) in any other case-by the Queensland Community Corrections Board, Citation

Corrective Services (Consequential Amendments) Act 1988, No. 88 1165 SCHEDULE I-continued Act and Provision Amended Mental Health Services Act 1974- 1987-continued Amendment as if that person were a prisoner within the meaning of the CorrectiveServices Act 1988 and for that purpose the provisions of Part IV of that Act shall with all necessary adaptations and modifications apply accordingly except that the application for parole shall be forwarded to the secretary to the Queensland Community Corrections Board, shall not be considered by a regional community corrections board and, other than in the case of an application by a person undergoing a term of imprisonment for life, shall be determined by the Queensland Community Corrections Board. Citation (12) A person detained in a security patients' hospital or other hospital shall not be released on parole unless a Patient Review Tribunal, having reviewed the mental condition of the person, has determined that he may be so released having regard to his own safety and the safety of other persons." Second Schedule omit Part A Mental Health Services Act 1974- 1988

1166 Corrective Services (Consequential Amendments) Act 1988, No. 88 SCHEDULE I-continued Act and Provision Amended Amendment Citation Motor Vehicles Control Act 1975- 1988 s. 23 (2) omit the words " with hard labour" MotorVehiclesControlAct1975- 1988 Parole Orders(Transfer) Act1984 s. 3 omit the definition " Parole Board" omit from the definition "parole order " the words "Offenders Probation and Parole Act 1980" and substitute the words "Corrective Services Act 1988" insert after the definition "parole order " the following definition:- regional community corrections board" means a regional community corrections board constituted under the CorrectiveServices Act 1988;" insert after the definition "Registrar " the following definition:- "Queensland Community Corrections Board" means the Queensland Community Corrections Board constituted under the CorrectiveServices Act 1988;"

Corrective Services (Consequential Amendments) Act 1988, No. 88 1167 SCHEDULE I-continued Act and Provision Amended Amendment Citation Parole Orders (Transfer) Act 1984-continued s. 5 (2) s. 6 (3) s. 7 (1) (d) s. 9 (2) (b) s. 10 (2) (c) s. 10 (3) omit the words "Secretary to the Parole Board under the Offenders Probation andParoleAct 1980" and substitute the words "secretary to the Queensland Community Corrections Board" omit the words "Parole Board of that fact and forward to the Parole Board" and substitute the words "Queensland Community Corrections Board of that fact and forward to the board" omit the words "Parole Board" and substitute the words "Queensland Community Corrections Board, regional community corrections board" omit the words "Parole Board" and substitute the words "Queensland Community Corrections Board" omit the words "made and were in force under the Offenders Probation andParoleAct 1980" and substitute the words "validly made by the Queensland Community Corrections Board and were in force under the CorrectiveServicesAct1988" insert after the words "Act 1980" the words "or the CorrectiveServicesAct1988" Parole Orders(Transfer) Act1984-1988

1168 Corrective Services (Consequential Amendments) Act 1988, No. 88 SCHEDULE I-continued Act and Provision Amended Amendment Citation Police Act 1937- 1987 s. 24 s. 34 Prisoners(InterstateTransfer) Act1982 s. 4 (1) omit the words "and kept to hard labour" omit the words "with or without hard labour" Police Act 1937-1988 omit from the definition "gaoler" the words "Prisons Act 1958-1974 is the Superintendent" and substitute the words "Corrective Services Act 1988 is the general manager" omit from the definition "Minister" the words "Prisons Act 1958-1974" and substitute the words "Corrective Services Act 1988" omit from the definition "prison" the words "4 of the Prisons Act 1958-1974" and substitute the words -10 of the CorrectiveServices Act 1988" omit from the definition "prison officer " the words "who is a prison officer under the Prisons Act 1958- 1974" and substitute the words "appointed as a custodial correctional officer pursuant to the CorrectiveServices(Administration) Act 1988" Prisoners (InterstateTransfer) Act1982-1988

Corrective Services 1` Consequential Amendments) Act 1988, No. 88 1169 SCHEDULE I-continued Act and Provision Amended Amendment Citation Professional Engineers Act 1929-1975 s. 26 omit the words "with or without hard labour" Professional Engineers Act 1929-1988 Public Trustee Act1978-1985 s. 92 (1) omit the words "the Comptroller-General of Prisons (hereinafter in this Part referred to as "the Comptroller-General")" and substitute the words "The Queensland Corrective Services Commission (hereinafter in this Part referred to as "the Commission")" s. 92 (2) omit the words "him the Comptroller-General" and substitute the words "it the Commission" omit paragraph (b) and substitute the following paragraph:- "(b) the prisoner if he is at liberty as a result of a parole order made pursuant to the provisions of the Corrective Services Act1988 (in this Act referred to as a "parole order");" omit from paragraph (c) the expression "Comptroller- General" and substitute the word "Commission" 38

1170 Corrective Services (Consequential Amendments) Act 1988, No. 88 SCHEDULE I-continued Act and Provision Amended Amendment Citation Public Trustee Act 1978-1985- continued s. 92 (3) omit the words "The Chief Probation Officer or such" and substitute the word "Such" insert after the words "by him" the words "pursuant to subsection (2) (c)" s. 92 (4) omit the words "Comptroller- General or the Chief Probation Officer" and substitute the word "Commission" omit the expression "Comptroller-General" where it secondly and thirdly occurs and substitute in each case the word "Commission" s. 92 (5) s. 92 (6) omit the expression "Comptroller-General" and substitute the word "Commission" omit all words from and including the words "and, if," to and including the words "Probation Officer" omit the words "Unless the prisoner is at liberty as the result of a parole order, the Comptroller-General" and substitute the words "The Commission" omit the word "he" and substitute the word "it" s. 92 (7) omit the words "Chief Probation Officer" where they firstly occur and substitute the word "Commission"

Corrective Services (Consequential Amendments) Act 1988, No. 88 1171 SCHEDULE I-continued Act and Provision Amended Amendment Citation Public Trustee Act 1978-1985- continued s. 93 (1) s. 93 (2) s. 93 (3) s. 93 (4) s. 97 (1) (c) Second Schedule Form 11 Second Schedule Form 12 omit the words "Chief Probation Officer or other person shall take such steps as appear to" and substitute the words "Commission or, as the case may be, officer or other person shall take such steps as appear to it or" omit the expression "Comptroller-General" where it twice occurs and substitute in each case the word "Commission" omit the words "Comptroller- General he" and substitute the words "Commission it" omit the expression "Comptroller-General" and substitute the word "Commission" omit the expression "Comptroller-General" and substitute the word "Commission" omit the words "pursuant to the provisions of section 659H of The CriminalCode" and substitute the words "according to law" omit the words "The Comptroller-General of Prisons" and substitute the words "The Queensland Corrective Services Commission" omit the words "the Comptroller-General of Prisons or The Chief Probation Officer" and substitute the words "The Queensland Corrective Services Commission"

1172 Corrective Services (Consequential Amendments) Act 1988, No. 88 SCHEDULE I-continued Act and Provision Amended Amendment Citation Public Trustee Act 1978-1985- continued Second Schedule Form 13 Second Schedule Form 14 Sewerage andWater Supply Act1949-1988 s. 18A (1) omit the words "the Comptroller-General of Prisons" where they twice occur and substitute in each case the words "The Queensland Corrective Services Commission" omit the words "The Comptroller-General of Prisons" and substitute the words "The Queensland Corrective Services Commission" Public Trustee Act 1978-1988 omit the words "with or without hard labour, " Sewerage and WaterSupply Act 1949- 1988 Trust AccountsAct 1973-1978 s. 9 Vagrants, Gaming, and Other Offences Act 1931-1988 s. 2 s. 29 (1) s. 30 omit the words "with hard labour" Trust Accounts Act1973-1988 omit the definition "Imprisonment" omit the words "with hard labour" omit from the first paragraph the words "with hard labour" Vagrants, Gaming, and Other Offences Act 1931- 1988

Corrective Services (Consequential Amendments) Act 1988, No. 88 1173 SCHEDULE II [s. 5] Provision of Criminal Code amended Amendment s. 18 .......... omit the words "Imprisonment with hard labour;" omit the words "without hard labour" omit the words "Detention in a reformatory prison;" s. 19 (1) omit the words ", either with or without hard labour," and the word "similar" s. 19 (2) ........ omit paragraph (2) s. 19 (3) ........ omit the words ", either with or without hard labour," s. 20 omit from the second paragraph the words ", with or without hard labour," where they twice occur ss. 37, 38, 39, 41, 42, 47, 48 and 51 (1) omit the words "with hard labour" s. 52 (2) ........ omit the words "with hard labour" where they twice occur s.54A.......... omit the words "with hard labour" where they thrice occur ss. 56A, 56B (1), 57, 59, 60 and 63 omit the words "with hard labour" s.64 .......... omit the words "and kept to hard labour" and the words "with hard labour" ss. 65, 66, 67, 68, 69, 72 and 73 omit the words "with hard labour" s. 75 omit the words "with hard labour" where they twice occur s. 76 omit the words "with hard labour" s. 78 omit the words "with hard labour" where they twice occur s. 81 omit the words "with hard labour" where they twice occur ss. 82, 83, 87, 91, 92, 94, 96, 97, 99, 100, 101, 102, 103, 108, 109, 110, 111, 112, 113, 114, 115, 117, 118, 121 and 122 ...... omit the words "with hard labour" s. 124 ..... omit the words "with hard labour" where they thrice occur ss. 126, 127, 128 and 129 .......... omit the words "with hard labour"

1174 Corrective Services (Consequential Amendments) Act 1988, No. 88 SCHEDULE II-continued Provision of Criminal Code amended Amendment s. 131 .......... omit the words "with hard labour" where they occur five times s. 132 .......... omit the words "with hard labour" s. 133 .......... omit the words "with hard labour" where they thrice occur ss. 139, 140, 141, 142, 143, 144, 146 and 147 ..... . omit the words "with hard labour" s. 148 .......... omit the words "with hard labour" where they twice occur ss. 193, 194, 196, 197, 199, 206, 208 and 209 ..... . omit the words "with hard labour" s. 210 .......... omit the words "with hard labour" where they twice occur s. 211 .......... omit the words "with hard labour" s. 212 .......... omit the words "with hard labour" where they twice occur s. 213 .......... omit the words "with hard labour" where they twice occur ss. 214 and 215 omit the words "with hard labour" s. 216 .......... omit the words "with hard labour" where they twice occur ss. 217, 218, 219, 220 and 221... omit the words "with hard labour" s. 222 .......... omit the words "with hard labour" where they twice occur ss. 223, 224, 225, 226, 227, 228, 229A (1), 231 and 232 .......... omit the words "with hard labour" s. 233 .......... omit the words "with hard labour" where they thrice occur ss. 234, 236, 237, 238, 239, 240, 242, 243, 244, 305, 306, 307, 308, 309, 310, 311, 313, 314, 315, 316, 317, 317A, 318, 319, 319A, 320, 321, 322, 323, 324, 325, 326, 327 and 328 .......... omit the words "with hard labour"

Corrective Services (Consequential Amendments) Act 1988, No. 88 SCHEDULE II-continued 1175 Provision of Criminal Code amended Amendment s. 328A .. omit the words "with hard labour" where they occur five times ss. 329, 330, 331, 333, 334, 335, 336, 337, 338 and 338A ........ omit the words "with hard labour" s. 339 .......... omit the words "with hard labour" where they twice occur s. 340 .......... omit the words "with hard labour" s. 343 .......... omit the words "with hard labour" where they twice occur s. 343A omit the words "with hard labour" where they twice occur ss. 344, 346, 348, 349, 350, 351, 352 and 354 ...... omit the words "with hard labour" s. 354A ........ omit the words "with hard labour" where they thrice occur ss. 355, 356, 360, 363, 380, 381 and 383 .......... omit the words "with hard labour" s. 398 .......... omit the words "with hard labour" wherever they occur ss. 399, 400, 401, 405, 407 and 408 omit the words "with hard labour" s. 408A (1) ...... omit the words "with hard labour" where they thrice occur s. 408B (1) ...... omit the words "with hard labour"

1176 Corrective Services (Consequential Amendments) Act 1988, No. 88 SCHEDULE II-continued Provision of Criminal Code amended Amendment s. 408C (2) omit the words "with hard labour" where they twice occur s. 411 .......... omit the words "with hard labour" where they twice occur s. 412 .......... omit the words "with hard labour" where they thrice occur ss. 413 and 414 omit the words "with hard labour" omit the words "with hard labour" where they twice occur omit the words "with hard labour" where they twice occur omit the words "with hard labour" s. 417A ........ omit the words "with hard labour" where they thrice occur s. 419 .......... omit the words "with hard labour" where they twice occur s. 420 .......... omit the words "with hard labour" where they twice occur ss. 421 and 422 . . omit the words "with hard labour" s. 425 .......... omit the words "with hard labour" where they twice occur s. 427 .......... omit the words "with hard labour" where they twice occur ss. 427A (1), 428, 429, 430, 431 and 432 .......... omit the words "with hard labour"

Corrective Services (Consequential Amendments) Act 1988, No. 88 1177 SCHEDULE II-continued Provision of Criminal Code amended s. 433 .... Amendment omit the words "with hard labour" where they twice occur ss. 435, 436, 437, 438, 440, 441 and 442 .......... omit the words "with hard labour" s. 4421 .......... omit the words "with or without hard labour," s. 443 .......... omit the words "with hard labour" where they occur five times ss. 444B, 445, 446, 447, 448, 448A, 451, 452, 453, 461, 462, 463, 464, 465, 466 and 467 .......... omit the words "with hard labour" s. 467A ........ omit the words "with hard labour" where they twice occur s. 468 .......... omit the words "with hard labour" where they thrice occur s. 469 .......... omit the words "with hard labour" where they occur ten times ss. 470, 470A, 471, 472, 473, 474, 475, 476, 477 and 478 .......... omit the words "with hard labour" s. 480 .......... omit the words "with hard labour" where they twice occur s. 488 .. omit the words "with hard labour" where they occur five times

1178 Corrective Services (Consequential Amendments) Act 1988, No. 88 SCHEDULE II-continued Provision of Criminal Code amended Amendment ss. 493, 494, 496, 498, 499, 500, 501, 502, 503, 504, 505, 506, 510, 511, 512 and 513 .......... omit the words "with hard labour" s. 514 .......... omit the words "with hard labour" where they twice occur ss. 515, 517, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533 and 534 omit the words "with hard labour" s. 536 .......... omit the words "with hard labour" where They twice occur s. 538 omit the words "with hard labour" where they twice occur s. 540 .......... omit the words "with hard labour" s. 541 .......... omit the words "with hard labour" where they twice occur ss. 542, 543 and 544 .......... omit the words "with hard labour" s. 545 .......... omit the words "with or without hard labour" s. 656 .......... omit the words ", with or without hard labour," s. 659A (5) ..... . omit the words ", and may direct that on the expiration of his sentence he shall be detained in a reformatory prison under this Code" s. 659B and heading repeal section 659B and omit the heading immediately preceding the section

Corrective Services (Consequential Amendments) Act 1988, No. 88 1179 SCHEDULE II-continued Provision of Criminal Code amended s. 659C and heading Amendment repeal section 659C and omit the heading immediately preceding the section s. 659D ........ s. 659E and heading omit the expression "(1)" omit subsection (2) repeal section 659E and omit the heading immediately preceding the section s. 659F and heading repeal section 659F and omit the heading immediately preceding the section s. 659H (1) . . omit the word "reformatory" s. 6591 and heading repeal section 6591 and omit the heading immediately preceding the section s. 671G (1) . . s. 671G (4) .. s. 675 . omit the words "by regulations made" omit the words "by regulations" omit the words "those regulations" and substitute the words "those laws" omit the words "with or without hard labour" s. 685A (3) ...... omit the words "with hard labour"