Offenders Probation and Parole Act Amendment Act 1983 (Qld)

25 O uee tuts ANNO TRICESIMO SECUNDO ELIZABETHAE SECUNDAE REGINAE No. 4 of 1983 An Act to amend the Offenders Probation and Parole Act1980 in certain particulars [ASSENTED TO 10TH M ARCH, 1983]

26 Offenders Probation and Parole Act Amendment Act 1983, No. 4 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 Offenders Probation and Parole Act Amendment Act 1983. 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) The Governor may by Proclamation- (a) appoint a date on which this Act (other than section 1 and this section) shall commence; or (b) appoint dates on which the provisions (other than section 1 and this section) of this Act specified in the Proclamation shall commence. Such dates may be appointed in the one Proclamation or in different Proclamations. This Act (other than section 1 and this section) or a provision thereof specified in the Proclamation shall commence on the date appointed by Proclamation made under this subsection for the commencement of this Act or, as the case may be, that provision. 3. Principal Act and Citation as amended . (1) In this Act the Offenders Probation and Parole Act1980 is referred to as the Principal Act. (2) The Principal Act as amended by this Act may be cited as the Offenders Probation and Parole Act1980-1983. 4. Amendment of long title. The Principal Act is amended by omitting from the long title the words " and to provide for their release under Community Service Orders " and substituting the words ", to provide for their release under Community Service Orders, to provide for the performance of community service under Fine Option Orders ". 5. Amendment of s. 3 . Arrangement . The Principal Act is amended by inserting after the expression " PART V-COMMUNITY SERVICE ORDERS (ss. 69-89); " the following expression:- " PART VA-FINE OPTION ORDERS (ss. 89A-89R); ". 6. Amendment of s. 7. Interpretation . Section 7 of the Principal Act is amended by inserting after the definition "parole period" the following definition: " " police officer " means a member of the police force of Queensland;". 7. Amendment of s. 10. Power to delegate . Section 10 of the Principal Act is amended by in subsection (1) omitting all the words from and including the words " delegate to any person " to the end thereof and substituting the words " delegate- (a) to any person;

Offenders Probation and Parole Act Amendment Act 1983 , No. 4 27 (b) to the holder of an office specifying its title but not the name of the holder for the time being, all or any of his powers, authorities, functions and duties except this power of delegation ". 8. Amendment of s. 13. Powers , authorities , functions and duties of probation officers. Section 13 of the Principal Act is amended by inserting after subsection (2) the following subsection:- (3) A report referred to in subsection (2) shall be- (a) prepared by a probation officer; (b) furnished to the court within such time (if any) as may be prescribed; and (c) where the report is in writing-submitted in triplicate ". 9. New s. 13A. The Principal Act is amended by inserting after section 13 the following section:- " 13A. Reports of probation officers. (1) A written report or oral statement made by a probation officer to any court with a view to assisting the court in determining the most suitable method of dealing with a convicted person shall be received by the court as prima facie evidence of the matters contained in that report or statement notwithstanding that the probation officer is not called as a witness. (2) Where a written report is made as mentioned in subsection (1) the court shall show a copy of the report to the defence and the prosecution unless the court makes an order to the effect that a copy of the report or any part of the report be not shown to the convicted person in which case a copy of the report or part shall be shown only to the convicted person's legal representatives and to the prosecution. (3) Where a copy of a written report or part thereof is shown to a person pursuant to subsection (2) the person shall return it to the court not later than the conclusion of the proceedings of the court to which it relates. (4) Where a court receives a report or statement referred to in subsection (1) it shall give the defence and the prosecution such an opportunity as it thinks reasonable to controvert the whole or any part of that report or statement. (5) No objection shall be taken or allowed to evidence received pursuant to subsection (1) on the ground that it is hearsay.". 10. Amendment of s. 18 . Appointment of supervising court . Section 18 of the Principal Act is amended by- (a) in subsection (2) omitting the second paragraph; and (b) inserting after subsection (2) the following subsection:- (3) Where a probation order is amended in accordance with subsection (2), the clerk of the court that made the amending order shall- (a) forward to the clerk of the court substituted as the supervising court a copy of the probation order as amended together

28 Offenders Probation and Parole Act Amendment Act 1983, No. 4 with all such other documents and information as are prescribed; and (b) advise the Chief Probation and Parole Officer and the probationer in writing of the identity of the new supervising court.". 11. Amendment of s. 19 . Notifications following making of order. Section 19 of the Principal Act is amended by in subsection (1) omitting the words " all relevant documents and information " and substituting the words " such other documents and information as are prescribed ". 12. Amendment of s. 21. Requirements of probation order. Section 21 of the Principal Act is amended by in subparagraph (ii) of paragraph (a) of subsection (1) omitting the words " at the place " and substituting the words " to the person ". 13. Amendment of s. 23. Discharge of probation order. Section 23 of the Principal Act is amended by-- (a) in subsection (2)- (i) omitting the word " period: " and substituting the word period."; and (ii) omitting the proviso; and (b) inserting after subsection (4) the following subsection:- (5) The clerk or the registrar, as the case may be, of the court which pursuant to subsection (1) discharges a probation order shall cause notice of that fact to be forwarded, in the prescribed form, to the Chief Probation and Parole Officer and, save where the court which discharges the order is the supervising court in respect of it, to the clerk of the supervising court.". 14. Amendment of s. 24 . Amendment of probation order. Section 24 of the Principal Act is amended by- (a) in paragraph (a) of subsection (1) inserting after the word thereof " the words " (other than a requirement referred to in paragraph (a) of section 21 (1)) "; and (b) in subsection (4)- (i) in paragraph (a) omitting the words " probation officer " and substituting the words " Chief Probation and Parole Officer "; and (ii) in paragraph (b) omitting the words " all other relevant documents and information " and substituting the words " such other documents and information as are prescribed ". 15. Amendment of s. 27. Powers of Magistrates Courts before which probationer appears or is brought . Section 27 of the Principal Act is amended by in subsection (2)- (a) inserting after the expression " (e) " the expression " of subsection (1) "; and

Offenders Probation and Parole Act Amendment Act 1983, No. 4 29 (b) omitting the words " a justice certifying that the probationer has " and substituting the words " the clerk of the court certifying that the probationer has, during the probation period,". 16. Amendment of s. 30 . Court may impose further sentence. Section 30 of the Principal Act is amended by omitting the words " made in any manner in which the court could deal with him if he had just been convicted by that court of that offence and the probationer " and substituting the following words:- made-- (a) in any manner in which the court could deal with him if he had just been convicted by that court of that offence; (b) in the case of the Supreme Court or a District Court-in the manner mentioned in section 29 (5); and (c) in the case of the Supreme Court-in the manner mentioned in section 29 (6), and the probationer ". 17. Amendment of s. 32. Power to take proceedings after expiration of probation period . Section 32 of the Principal Act is amended by inserting after the word " expired " the words " or that the probation order is discharged ". 18. Amendment of s. 33. Conviction on which probation granted to be disregarded for certain purposes . Section 33 of the Principal Act is amended by in subsection (2) omitting the words " dealt with under this Act " and substituting the word " sentenced ". 19. New s. 52A. The Principal Act is amended by inserting after section 52 the following section:- " 52A. Prisoner may apply for parole. (1) A prisoner, who is eligible for release on parole, may make application to the Board to be released. from prison on parole. (2) An application referred to in subsection (1) shall be in the prescribed form.". 20. Amendment of s. 53 . Release on parole . Section 53 of the Principal Act is amended by- (a) in subsection (1) omitting the words ,at the time" and substituting the words " on the date "; (b) in subsection (3)- (i) omitting the word " recommendation," appearing at the end of paragraph (b) and substituting the word " recommendation;"; (ii) inserting after paragraph (b) the following paragraph:- " (c) upon sentencing a person to a term of imprisonment (hereinafter in this paragraph called " that term ") that is to commence upon or after the termination of the imprisonment that he is then undergoing, recommend that he be eligible for release

30 Offenders Probation and Parole Act Amendment Act 1983, No. 4 on parole after undergoing such period of imprisonment (not being a period of imprisonment that is less than that which he would be required to undergo before being eligible for release on parole if he had not been sentenced to that term) as is specified in the recommendation,"; and (c) adding at the end thereof the following subsection:- (6) The secretary shall send a copy of the parole order together with such other documents and information as are prescribed to- (a) the prisoner in respect of whom the order was made; (b) the Superintendent of the prison from which the prisoner is to be released on parole; and (c) the Chief Probation and Parole Officer.". 21. Amendment of s. 54 . Requirements of parole order . Section 54 of the Principal Act is amended by in subsection (5) omitting the words " all other relevant documents and information " and substituting the words " such other documents and information as are prescribed ". 22. Amendment of s. 60. Chief Probation and Parole Officer may issue warrant . Section 60 of the Principal Act is amended by- (a) in subsection (1) omitting the words " the prison or institution specified in the warrant " and substituting the words " a prison "; and (b) in subsection (2) omitting the words " the prison or institution specified in the warrant " and substituting the words " a prison ". 23. Amendment of s. 66. Warrant for the return of prisoner to prison. Section 66 of the Principal Act is amended by- (a) in subsection (1) omitting the words " the prison or institution specified in the warrant " and substituting the words " a prison "; and (b) in subsection (2) omitting the words " the prison or institution specified in the warrant " and substituting the words " a prison ". 24. New s. 66A. The Principal Act is amended by inserting after section 66 the following section:- " 66A. Stipendiary magistrate may issue warrant. (1) Where a prisoner's parole is cancelled by order of the Board or the operation of section 65 or is suspended by order of the Board, the Board or any member of the Board may (whether or not a warrant has been issued under section 66) apply to a stipendiary magistrate for a warrant directed to all police officers to apprehend the prisoner and convey him to a prison there- (a) in a case where the prisoner's parole is cancelled, to serve the unexpired portion of the term of imprisonment or detention to which he was sentenced or, where the prisoner is an habitual criminal, to be further detained during Her Majesty's pleasure;

Offenders Probation and Parole Act Amendment Act 1983, No. 4 31 (b) in a case where the prisoner's parole is suspended, to be kept in custody for so long as the order suspending his parole remains in force, and a stipendiary magistrate may issue such a warrant. (2) A warrant issued pursuant to this section shall be sufficient authority for the apprehension and conveyance of the prisoner to a prison and for his detention therein pursuant to the provisions of this Act.". 25. Amendment of s. 70 . Community service orders in respect of convicted persons. Section 70 of the Principal Act is amended by- (a) in subsection (3) omitting provision (a) and substituting the following provision- (a) shall contain a requirement that the offender report in person within the time specified in the order to the person specified therein;"; and (b) in subsection (4) omitting the words " all relevant documents and information " and substituting the words " such other documents and information as are prescribed ". 26. Amendment of s. 71. Substitution of other supervising court. Section 71 of the Principal Act is amended by- (a) omitting the words " Where it is made to appear to a supervising court that an offender " and substituting the words " Where, upon application being made by the probation officer or the offender himself, the supervising court is satisfied that the offender "; (b) inserting after the words " substituted as the supervising court " the words " and the Chief Probation and Parole Officer "; and (c) omitting the words " all other relevant documents and information " and substituting the words " such other documents and information as are prescribed ". 27. Amendment of s. 72. Circumstances in which a community service order may be made. Section 72 of the Principal Act is amended by in subparagraph (ii) of paragraph (b) of subsection (1) omitting the words " after considering a report from a probation officer relating to the person and his circumstances and, if the court thinks fit, after hearing a probation officer ". 28. Amendment of s. 79. Jurisdiction and powers of court before which offender appears or is brought. Section 79 of the Principal Act is amended by in subsection (4) omitting the words " a justice certifying that the offender has " and substituting the words " the clerk of the court certifying that the offender has, during the currency of the community service order,".

32 Offenders Probation and Parole Act Amendment Act 1983, No.4 29. New s. 80A . The Principal Act is amended by inserting after section 80 the following section:- " 80A. Determination of question as to breach of community service order . In a proceeding before the Supreme Court or a District Court arising out of this Part any question as to whether an offender has contravened or failed to comply with a requirement contained in a community service order or a prescribed requirement with respect thereto shall be determined by the judge and not by a jury.". 30. Amendment of s. 83. Summons to offender and notice of applications . Section 83 of the Principal Act is amended by in subsection (2) omitting the words " probation officer " and substituting the words " Chief Probation and Parole Officer ". 31. Amendment of s. 84 . Notification of discharge , variations or extension of orders . Section 84 of the Principal Act is amended by omitting the words " probation officer " and substituting the words " Chief Probation and Parole Officer ". 32. New s. 85A. The Principal Act is amended by inserting after section 85 the following section:- " 85A. Conviction in respect of which community service order is made to be disregarded for certain purposes . (1) A conviction for an offence in relation to which a community service order is made under this Act shall be deemed not to be a conviction for any purpose (including, but without limiting the generality of the expression, the purpose of any enactment that imposes, authorizes or requires the imposition of a disqualification or disability on a convicted person) except in relation to- (a) the making of the community service order; (b) the taking of a subsequent proceeding against the offender in accordance with this Act; (c) the remission or mitigation for good conduct of a sentence by or under the Prisons Act 1958-1974; (d) any proceeding against the offender for a subsequent offence. (2) Subsection (1) shall cease to apply in a case where an offender is subsequently sentenced for the offence in relation to which the community service order was made. (3) This section does not affect the right of an offender to appeal against a conviction in relation to which a community service order is made or to rely on such conviction in bar of a subsequent proceeding for the same offence or the revesting or restoration of property in consequence of the conviction.". 33. Amendment of s. 89. Regulations under this Part . Section 89 of the Principal Act is amended by in paragraph (h) omitting the words " and the removal of members from such committees ".

Offenders Probation and Parole Act Amendment Act 1983, No. 4 33 34. New Part VA. The Principal Act is amended by inserting after section 89 the following heading and sections :- " PART VA-FINE OPTION ORDERS 89A. Interpretation . In this Part unless the contrary intention appears- community service " means any activity declared to be community service by the Minister pursuant to section 88; " defendant " means a person in relation to whom an original order is made; " fine " means a monetary penalty imposed in connexion with the commission of an offence and includes the amount of any compensation and costs; " original order " means an order of a court imposing a fine on a person together with an order that, in default of payment of the fine, either immediately or within a fixed time, the person is to be imprisoned for a period. 89B. Application for order . (1) Where a defendant is before a court at the time at which the court makes the original order in relation to him- (a) the court shall inform him that, if he seeks a fine option order, he must then and there apply to the court for that order; and (b) the defendant may then and there apply to the court for a fine option order. (2) A court may, subject to section 89c, make a fine option order where an application therefor is made to it in compliance with subsection (1) (b) but not otherwise.". 35. New ss. 89C , 89D and 89E. The Principal Act is amended by inserting after section 89B as inserted by this Act the following sections:- "89C. Matters to be considered by court. A court shall not make a fine option order in relation to a defendant unless- (a) the defendant shows to the satisfaction of the court that he is unable to pay the fine in terms of the original order or that if he were to pay the fine in terms of the original order his family would suffer economic hardship; and (b) the court- (i) has been notified by a probation officer that arrangements exist by which persons who reside in the area in which the defendant intends to reside can perform community service under such an order; and (ii) is satisfied that- (A) the defendant is a suitable person to perform community service under such an order; and (B) if such an order is made, community service of a suitable nature can be provided for the defendant under the arrangements referred to in paragraph (b) (i).

34 Offenders Probation and Parole Act Amendment Act 1983, No. 4 89D. Court may adjourn proceedings . (1) For the purpose of obtaining a notification, report or information from a probation officer for the purposes of section 89c (b) a court may suspend the operation of the original order and adjourn or further adjourn the hearing of the application to such date, time and place as it determines. (2) On the date and at the time to which the hearing of the application is adjourned the original order is reinstated by operation of this subsection. (3) If, on the date and at the time and place to which the hearing of the application is adjourned or, as the case may be, further adjourned, the defendant fails to appear in person the application shall lapse. 89E. Court to suspend original order . Where a court makes a fine option order in relation to a defendant it shall suspend the operation of the original order.". 36. New ss. 89F, 89G and 89H. The Principal Act is amended by inserting after section 89E as inserted by this Act the following sections:- " 89F. Order to be reduced to writing. A court by which a fine option order is made shall forthwith cause the order to be reduced to writing in the prescribed form and shall cause one copy thereof to be given to the defendant and another copy thereof to be forwarded to the Chief Probation and Parole Officer. 89G. Probation officer to be assigned in respect of order . (1) The Chief Probation and Parole Officer- (a) shall assign a probation officer in respect of each fine option order; (b) may from time to time assign another probation officer in the stead of a probation officer assigned under paragraph (a). (2) A probation officer assigned in respect of a fine option order pursuant to subsection (1) shall be the probation officer for the purpose of the order. 89H. Requirements of order . (1) It is a requirement of each fine option order that the defendant- (a) report in person within the time specified in the order to the person specified therein; (b) perform in a satisfactory manner for the number of hours specified in the order such community service as the probation officer directs at such times as the probation officer directs; (c) shall, while performing that service, comply with every reasonable direction of a supervisor, appointed pursuant to Part V. (2) In giving directions to a defendant in accordance with subsection (1), the probation officer, as far as practicable, shall avoid- (a) conflict with the defendant's religious beliefs;

Offenders Probation and Parole Act Amendment Act 1983, No. 4 35 (b) interference with the times, if any, at which the defendant usually works or attends a school or other educational establishment. (3) A defendant in relation to whom a fine option order is in force shall perform the number of hours of community service specified in the order within the period of 12 months commencing on the date of the order or such extended period as a court may order pursuant to a provision of this Part.". 37. New ss. 891, 89J and 89K. The Principal Act is amended by inserting after section 89H as inserted by this Act the following sections:- "891. Maximum number of hours . (1) The number of hours for which a person may be required to perform community service pursuant to a requirement of a fine option order shall be such number as in the opinion of the court making the order will satisfy the justice of the case but not exceeding in any case the maximum prescribed by the regulations. (2) The regulations shall contain a scale prescribing the maximum number of hours of community service (in no case exceeding 240 hours) which a defendant may be required to perform pursuant to a requirement of a fine option order having regard to the amount of the fine. 89J. Performance of community service to be credited against fine. Where a defendant performs community service pursuant to a fine option order the amount of the fine shall be reduced by an amount which bears to the amount of the fine, as nearly as possible, the same proportion that the number of hours of community service performed by that defendant pursuant to that order bears to the number of hours of community service which he is required to serve under that order. 89K. Payment to be credited against performance of community service. Where subsequent to the making of a fine option order in relation to a defendant part of the fine is paid then the number of hours of community service which he is required to perform pursuant to that order shall be reduced by a number which bears to that number of hours, as nearly as possible, the same proportion that the amount of the payment received bears to the amount of the fine.". 38. New ss. 89L , 89M and 89N. The Principal Act is amended by inserting after section 89K as inserted by this Act the following sections:- " 89L. Failure to comply with a requirement of an order. (1) Where in the opinion of the probation officer a defendant in relation to whom a fine option order has been made has failed during the currency of the order to comply with a requirement thereof the probation officer may give to the defendant a notice in the prescribed form containing particulars of the failure and requiring him to appear before the court at the date, time and place specified therein and the court shall on that date and at that time and place or on a date and at a time and place to which it has adjourned the matter upon considering the evidence given by or on behalf of the probation officer and the evidence (if any) given by or on behalf

36 Offenders Probation and Parole Act Amendment Ac' 1983, No. 4 of the defendant determine whether the defendant has failed to comply with the requirement or not and. where the court determines that the defendant has failed to comply with the requirement it may- (a) admonish the defendant and if necessary extend. or further extend the period of 12 months referred to in section 89n (3) during which the community service is to be performed; or (b) revoke the order. (2) If on the date and at the time and place specified in the notice or on the date and at the time and place to which the matter is adjourned the defendant fails to appear the court may upon being satisfied that the defendant has been given a notice pursuant to subsection (1) or, as the case may be, been given notice of the adjournment proceed to hear and determine the matter in the defendant's absence. (3) Where a court proposes to revoke a fine option order it shall determine the number of hours (if any) for which the defendant performed community service pursuant to that order. (4) In a proceeding before the Supreme Court or a District Court arising out of this section any question as to whether a defendant has failed to comply with a requirement of a fine option order shall be determined by the judge and not by a jury. (5) Where a court revokes a fine option in circumstances to which subsection (2) applies it shall cause notice of the revocation to be given to the defendant. (6) In this section-- the court " means the court which made the original order and includes- (a) where that court is the Supreme Court-the Supreme Court in its criminal jurisdiction at any place in Queensland; (b) where that court is a District Court-any District Court in its criminal jurisdiction at any place in Queensland; and (c) where that court is a Magistrates Court-any Magistrates Court sitting in the same Magistrates Court District as that Magistrates Court. 89M. Effect of revoking order. (1) Where a court revokes a fine option order pursuant to section 89L the original order made in relation to the defendant shall, without further order, again become operative and any time that was allowed for the payment of the fine or any direction that the fine was to be paid by instalments shall be disregarded. (2) For the purpose of the proviso to section 174 of the Justices Act1886-1980 any amount credited against the amount of a fine consequent upon the defendant having performed community service shall be taken to be payment of part of a sum adjudged to be paid by a decision. 89N. Discharge of orders . (1) Where subsequent to the making of a fine option order in relation to a defendant-- (a) the amount of the fine is paid;

Offenders Probation and Parole Act Amendment Act 1983, No. 4 37 (b) so much of the amount of the fine as har not been notionally paid by the performance by him of community service is paid; or (c) community service is performed by him under that order for the number of hours remaining after deducting from the number of hours for which he is required to perform community service under that order the number of hours for which community service has notionally been performed by him by the payment of part of the amount of the fine, the fine option order and the original order are each discharged. (2) Upon a defendant having performed community service under a fine option order for the number of hours specified in the order, the fine option order and the original order are each discharged.". 39. New ss. 890, 89P, 89Q and 89R. The Principal Act is amended by inserting after section 89N as inserted by this Act the following sections:- " 890. Payment of fine after suspension of original order. Notwithstanding the suspension of the original order pursuant to a provision of this Part- (a) the fine or any part thereof may be paid and where paid shall be paid to the registrar, deputy registrar or, as the case may be, clerk of the court which made the original order; and (b) any sum paid in relation to the fine shall be applied as if the original order were in force at the time at which the payment was made. 89P. Compensation for personal injury. The provisions of section 86 shall apply to a defendant in respect of-- (a) community service performed by him under a fine option order; (b) travelling undertaken by him in order to perform community service under a fine option order, as if he were an offender referred to in that section. 89Q. Certificate of Chief Probation and Parole Officer. (1) A certificate purporting to be under the hand of the Chief Probation and Parole Officer stating that the person named therein has- (a) performed community service under a fine option order for a specified number of hours; or (b) failed to perform community service under a fine option order, is, for the purposes of this Part, prima facie evidence of the matters contained in the certificate and in the absence of evidence to the contrary conclusive evidence of such matters. (2) When in the opinion of the Chief Probation and Parole Officer a fine option order is discharged as a result of the defendant having performed community service he shall forward to the court which made the order a certificate under subsection (1) (a).

38 Offenders Probation and Parole Act Amendment Act 1983, No. 4 89R. Giving of notice . A notice required by this Part to be given to a defendant may be given- (a) by delivering the same to the defendant or his agent; (b) by leaving the same at his usual or last known place of abode; or (c) by forwarding the same by post in a prepaid letter addressed to the defendant at his usual or last known place of abode in which case the notice shall be taken to have been given to the defendant at the time when that letter would be received by him in the ordinary course of post.". 40. Amendment of s. 93 . Facilitation of proof . Section 93 of the Principal Act is amended by inserting after paragraph (a) the following paragraphs :- "(aa) a certificate referred to in section 27 (2) purporting to be signed in accordance with the provisions of that subsection shall be admissible as evidence that the probationer has, during the probation period, contravened or failed to comply with such requirements contained in the probation order as are specified in the certificate and in the absence of evidence to the contrary shall be conclusive evidence of such matters; (ab) a certificate referred to in section 79 (4) purporting to be signed in accordance with the provisions of that subsection shall be admissible as evidence that the offender has, during the currency of the community service order, contravened or failed to comply with such requirements contained in the community service order or prescribed with respect thereto as are specified in the certificate and in the absence of evidence to the contrary shall be conclusive evidence of such matters; ". 41. New s. 95A. The Principal Act is amended by inserting after section 95 the following section:- " 95A. Approval of Chief Probation and Parole Officer required in certain cases. (1) The probation officer assigned in respect of a probation order or a community service order shall not make an application to a court pursuant to section 18 (2), 23 (1), 24 (1), 71, 81 or 82 (1) or (2) unless he has obtained the prior approval of the Chief Probation and Parole Officer to do so. (2) The probation officer assigned in respect of a fine option order shall not give a notice to a defendant pursuant to section 89L unless he has obtained the prior approval of the Chief Probation and Parole Officer to do so.". 42. Repeal of and news. 96. Regulations . The Principal Act is amended by repealing section 96 and substituting the following section:- " 96. Regulations . (1) The Governor in Council may make regulations, not inconsistent with this Act prescribing all matters that may be convenient for the administration of this Act or that may be necessary or expedient to carry out the objects and purposes of this Act.

Offenders Probation and Parole Act Amendment Act 1983, No. 4 39 (2) Without limiting the generality of subsection (1) regulations may be made with respect to- (a) the reports which are required by a court or the Board for the purposes of this Act, the persons who may be allowed to have access to those reports and the custody and safe keeping of those reports; (b) the forms to be used for the purposes of this Act and the matters for which they are to be used (in particular forms may be prescribed for the purpose of making an application to a court for the purposes of this Act and different forms may be prescribed in respect of different types of applications); and (c) prescribing all matters which are by this Act required or permitted to be prescribed,".