Imprisonment and Custody of Offenders Ordinance 1998 (CKI) (Cth)

TERRITORY OF COCOS (KEELING) ISLANDS

Imprisonment and Custody of Offenders Ordinance 1998

No. 4 of 1998

I, WILLIAM PATRICK DEANE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following ordinance under the Cocos (Keeling) Islands Act 1955.

Dated 12 November 1998.

WILLIAM DEANE

Governor-General

By His Excellency’s Command,

IAN MACDONALD

Minister for Regional Services, Territories and

Local Government

TERRITORY OF COCOS (KEELING) ISLANDS

Imprisonment and Custody of Offenders Ordinance 1998

No. 4 of 1998¹

made under the

Cocos (Keeling) Islands Act 1955

An ordinance to amend the law of the Territory relating to imprisonment and custody of offenders

Contents

Page

1     Name of ordinance  

2     Commencement  

3     Amendment of certain other laws of the Territory               

Schedule 1       Amendments of Territory laws  

Part 1               Amendment of Criminal Law (Mentally Impaired Defendants) Act 1996 (W.A.) (C.K.I.)        

Part 2               Amendments of Justices Act 1902 (W.A.) (C.K.I.)             

Part 3               Amendment of Prisons Act 1981 (W.A.) (C.K.I.)                

Part 4 Amendments of Young Offenders Act 1994

(W.A.) (C.K.I.)  

1. Name of ordinance

This ordinance is the Imprisonment and Custody of Offenders Ordinance 1998.

1. Commencement

This ordinance commences on gazettal.

1. Amendment of certain other laws of the Territory

Schedule 1 amends:

(a)    the Criminal Law (Mentally Impaired Defendants) Act 1996 (W.A.) (C.K.I.); and

(b)    the Justices Act 1902 (W.A.) (C.K.I.); and

(c)    the Prisons Act 1981 (W.A.) (C.K.I.); and

(d)    the Young Offenders Act 1994 (W.A.) (C.K.I.).

Schedule 1        Amendments of Territory laws

(section 3)

Part 1          Amendment of Criminal Law (Mentally Impaired Defendants) Act 1996 (W.A.) (C.K.I.)

[1]         After subsection 24 (1)

insert

(1A)   To avoid doubt, the authorized hospital, declared place, detention centre or prison need not be in the Territory.

Part 2          Amendments of Justices Act 1902 (W.A.) (C.K.I.)

[2]         Section 123

omit

On committing the defendant

insert

(1)      On committing the defendant

[3]         Section 123

insert

(2)   To avoid doubt, the place where the defendant is to be kept in custody need not be in the Territory.

[4]         After subsection 159 (2)

insert

(3)   To avoid doubt, the place where the defendant is to be imprisoned need not be in the Territory.

Part 3          Amendment of Prisons Act 1981 (W.A.) (C.K.I.)

[5]         Section 33

substitute

33     Provision of fare home on release

(1)   When a prisoner is released from prison, the chief executive officer may give him or her the means of returning to his or her home or usual place of residence in the Territory by causing his fare to be paid, or by providing transport.

(2)   However, subsection (1) does not entitle a person who was a prisoner outside the Territory to be given the means to return to the Territory if, after release, he or she became ordinarily resident outside the Territory.

Part 4          Amendments of Young Offenders Act 1994 (W.A.) (C.K.I.)

[6]         Paragraph 118 (1) (a)

substitute

(a)    impose a term of imprisonment under Part 13 of the Sentencing Act 1995 (W.A.) (C.K.I.); or

[7]         Subsection 118 (3)

omit

Note

1.       Made by the Governor-General on 12 November 1998, and notified in the Commonwealth of Australia Gazette on 13 November 1998.  Administered by the Minister for Regional Services, Territories and Local Government.