Offenders Probation and Parole Act Amendment Act of 1968 (Qld)

24 11eert5tanbi ANNO SEPTIMO DECIMO ELIZABETHAE SECUNDAE REGINAE No. 7 of 1968 An Act to Amend "The OffendersProbation and ParoleAct of 1959," in certain particulars [ASSENTED TO 16TH APRIL, 1968] 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. (1) Short title . This Act may be cited as " The Offenders Probation and Parole Act Amendment Act of 1968." (2) Principal Act. " The Offenders Probation and Parole Act of 1959," is in this Act referred to as the Principal Act. (3) Collective title . The Principal Act and this Act may be collectively cited as " The Offenders Probation and Parole Acts, 1959 to 1968." (4) Commencement of Act. This Act shall come into operation on a date to be fixed by the Governor in Council by Proclamation published in the Gazette.

Offenders Probation and Parole Act Amendment Act of 1968, No. 7 25 2. Heading . The following heading is inserted before section one of the Principal Act:- " PART I-PRELIMINARY ". 3. New s. 1A. The following section is inserted after section one of the Principal Act:- [1A.] Parts of Act. This Act is divided into Parts as follows:- PART I-PRELIMINARY (SS. 1-4); PART II-PROBATION ORDERS (SS. 5-19); PART III-PAROLE ORDERS (ss. 20-36); PART IV-ORDERS MADE IN ANOTHER STATE OR A TERRITORY (ss. 36A-36v) ; Division I-Probation Orders (ss. 36A-36L); Division 11-Parole Orders (ss. 36M-36s): Division III-General (ss. 36T-36v); PART V-MISCELLANEOUS (ss. 37-40)." 4. Amendments of s. 3. Section three of the Principal Act is amended by :- (a) inserting before the definition " Board ", the following definition:- "Authority "-In relation to a parole or probation order made in another State or a Territory-the Governor, Governor in Council, Court, Board, committee, person or other authority whatsoever duly authorized to make the order in question; "; (b) inserting after the definition " Board ", the following definition:- Chief Parole Officer "-Includes any person who for the time being occupies the office or performs the duties of the Chief Parole Officer; "; (c) inserting after the definition " District Court ". the following definition:- Magistrates Court "-A Magistrates Court constituted under The Justices Acts, 1886 to 1965 " or deemed so to have been; "; (d) in the definition " Parole officer " omitting the words " The term includes a parole officer " and inserting in their stead the words "The term includes the Chief Parole Officer, a person deemed to be a parole officer pursuant to subsection (6B) of section four of this Act "; (e) inserting after the definition " Parole officer ", the following definitions:- Parole order "-An order made under the provisions of this Act that a prisoner be released from prison on parole; Parole period "-The period during which a prisoner is released from a prison on parole under the supervision of a parole officer pursuant to a parole order; Part "-A Part of this Act;"; (f) inserting in the definition " Probation officer ". after the words a stipendiary probation officer ", the words ", a person deemed to be a probation officer pursuant to subsection (6A) of section four of this Act ":

26 Offenders Probation and Parole Act Amendment Act of 1968, No. 7 (g) inserting after the definition " Probation officer ", the following definitions:- Probation order "-An order made under section eight of this Act ; " Probation period "-The period specified in a probation order during which the probationer to whom the order relates is required to be under the supervision of a probation officer; " Probationer "-A person in respect of whom a probation order is made; "; and (h) inserting after the definition " Secretary ", the following definitions:- State "-A State of the Commonwealth; " Territory "-A Territory of the Commonwealth; ". 5. Amendments of s. 4 . Section four of the Principal Act is amended by- (a) inserting in subsection (1), after the words " a Chief Probation Officer,", the words " a Chief Parole Officer,"; (b) inserting in subsection (5), after the words " other than that of Chief Probation Officer ", the words " or of Chief Parole Officer "; and (c) inserting after subsection (6) the following subsections:- " (6A) Any person holding or occupying the office of probation officer, or any office (including, but without limiting the generality hereof, the ;.ffice of probation adviser) that is prescribed to be an office similar to that of probation officer, in another State or a Territory shall, by virtue of his office and without further appointment or other authority than this subsection, be deemed to be a probation officer for the purposes of any probation order that permits or requires a probationer to reside in that State or Territory. (6B) Any person holding or occupying the office of parole officer, or any office (including, but without limiting the generality hereof, the office of parole adviser) that is prescribed to be an office similar to that of a parole officer, in another State or a Territory shall, by virtue of his office and without further appointment or other authority than this subsection, be deemed to be a parole officer for the purposes of any parole order that permits or requires a prisoner to reside in that State or Territory." 6. Heading . The following heading is inserted before section five of the Principal Act:- "PART 1I-PROBATION ORDERS ". 7. Amendments of s. 8. Section eight of the Principal Act is amended by- (a) omitting from subsection (1) the words and brackets:- (i) " a probation order, that is to say,"; and (ii) (hereinafter called the " probation period ") "; (b) inserting in subsection (5) after the words " residence of the offender', the words ", whether in Queensland or in another State or a Territory "; (c) inserting after subsection (5), the following subsections:- " (5A) Unless the probation order (whether originally or as amended) permits or requires the probationer to reside in another State or a Territory, it shall be a requirement of every probation order that the probationer

Offenders Probation and Parole Act Amendment Act of 1968, No. 7 27 shall not leave or remain out of the State save in compliance in every respect with the terms and conditions of a permit issued pursuant to subsection (5tt) of this section. (5B) Where a probation order requires that the probationer shall not leave or remain out of the State, the supervising Court, or the Chief Probation Officer, may permit the probationer to leave and remain out of the State for such time and upon such terms and conditions, as it or he deems fit. Any permit under this subsection shall be in writing under the hand of the clerk of the Court or the Chief Probation Officer, as the case requires, and to the extent necessary to give effect to a permit under this subsection the probation order shall be deemed to be amended and shall apply accordingly."; and (d) inserting after subsection (7), the following subsection:- " (7A) Where a probationer is permitted or required to reside in another State or a Territory, the Chief Probation Officer shall forthwith cause to be sent to the Chief or Principal Probation Officer, or other prescribed officer, of that State or Territory, where that officer so requires, a copy of the probation order certified under his hand as a true copy and such documents and information relating to the case as he considers likely to be of assistance to any Court, authority or person in the State or Territory with respect to the order." 8. Amendment of s. 10. Section ten of the Principal Act is amended by omitting the words " of this Act" and inserting in their stead the words "of this Part ". 9. Amendments of s. 11 . Section eleven of the Principal Act is amended by- (a) inserting after subsection (1), the following subsection:- " (IA) Where pursuant to a probation order, a probationer is residing in another State or a Territory and a Court of that State or Territory having jurisdiction similar to that of the Court by which the probation order was made upon application made by a probation officer, or a person holding an office similar to that of probation officer, of that State or Territory, or by the probationer makes an order for the discharge of the order, the probation order shall be deemed to be discharged accordingly.": (b) inserting in subsection (3) after the words " is discharged ", the words " or is deemed to be discharged "; and (c) omitting in subsection (4) the word "Act " and inserting in its stead the word " Part ". 10. Amendments of s. 13. Section thirteen of the Principal Act is amended- (a) by in subsection (2) omitting the words " copies of the amending order to the probation officer and the probation officer shall give a copy to the probationer and a copy to " and inserting in their stead the words " or send a copy of the order to the probation officer, the probationer and "; and (b) by adding at the end thereof the following subsection:- " (3) Where pursuant to the provisions of a law of another State or a Territory corresponding to section 36F of this Act, an amending order is made with respect to a probation order, the probation order shall be deemed to be amended as specified in the amending order and as so amended shall apply accordingly."

28 Offenders Probation and Parole Act Amendment Act of 1968, No. 7 11. Repeal of and new s. 15. Section fifteen of the Principal Act is repealed and the following section inserted in its stead:- " [15.] (1) Breach of requirements of probation order otherwise than by conviction . A probationer who at any time during the probation period whether in Queensland or elsewhere fails to comply with all or any of the requirements of a probation order (whether express or implied) shall be guilty of an offence against this Act. (2) If at any time during the probation period it is made to appear on complaint to a justice that a probationer has failed to comply with all or any of the requirements of a probation order, the justice may issue a summons requiring the probationer to appear- (a) where the order was made by a Magistrates Court, at that Court or at the Supervising Court; (b) where the order was made by a Court other than a Magistrates Court, at the Supervising Court, at the time specified therein, or may, if the complaint is in writing and on oath, issue a warrant for his arrest directing that the probationer be brought before a Magistrates Court, being one of the said Courts, as soon as practicable after his arrest. (3) Power of Magistrates Courts. If the Magistrates Court before which a probationer appears or is brought pursuant to subsection (2) of this section, convicts the probationer of an offence against this section, the Court may- (a) without prejudice to the continuation of the probation order, impose on him a fine not exceeding One hundred dollars; or (h) if the probation order was made by a Magistrates Court- deal with the probationer for the offence in respect of which the probation order was made in any manner in which the Court could deal with him if it had just convicted him of that offence; or (c) in any other case-commit him to custody or release him on bail (with or without sureties) to be brought or to appear before the Court by which the order was made. (4) (a) Where a Magistrates Court exercises the power referred to in paragraph (c) of subsection (3) of this section, then the said Court shat. send to the Crown Solicitor a certificate signed by a justice certifying that the probationer has failed to comply with all or such of the requirements of the probation order as are specified in the certificate, together with such other particulars of the case as the Court thinks desirable. A certificate purporting to be so signed shall be admissible as evidence before any Court of the failure and of the other particulars to which it relates. (b) A certificate purporting to be signed by the proper officer of a Court of another State or a Territory before which a probationer is brought pursuant to a law of that State or Territory corresponding to Division I of Part IV of this Act certifying that the probationer has failed to comply with all or such of the requirements of the probation order as are specified in the certificate and any other particulars of the case as that officer thinks desirable shall be admissible as evidence before any Court of the failure and of the other particulars to which it relates.

Offenders Probation and Parole Act Amendment Act of 1968. No. 7 29 (5) Powers of Supreme Court and District Court. Where the probationer is brought or appears before the Supreme Court or a District Court and it is proved to the satisfaction of the Judge thereof that he has failed to comply with all or any of the requirements of the probation order that Court may deal with him for the offence in respect of which the probation order was made in any manner in which that Court could deal with him if he had just been convicted before that Court of that offence. (6) Savings . Without prejudice to the provisions of section sixteen of this Act, a probationer who is convicted of an offence (other than an offence against this section) committed during the probation period shall not on that account be liable to be dealt with under this section for failing to comply with all or any requirements of the probation order. (7) Further savings. A probationer who has been dealt with under the provisions of a law of another State or a Territory corresponding to sections 36G and 36H of this Act for failing to comply with all or any of the requirements of the probation order shall not be liable to be dealt with under this section for the act or omission which constituted the failing to comply for which he was so dealt with." 12. Repeal of and new s. 16. Section sixteen of the Principal Act is repealed and the following section inserted in its stead:- " [16.] (1) Breach of Order by conviction . If it is made to appear on complaint to a justice that a person in whose case a probation order has been made has been convicted in Queensland or elsewhere of an offence (other than an offence against section fifteen of this Act or against a law of another State or a Territory corresponding to section 36G of this Act) committed during the probation period and has been dealt with in respect of that offence, the justice may issue a summons requiring that person to appear at the time and place specified therein or, where the complaint is in writing and on oath, may issue a warrant for his arrest. (2) A summons or warrant issued under this section shall direct the person so convicted to appear or to be brought before the Court by which the probation order was made: Provided that- (a) if that Court is a Magistrates Court, the summons or warrant may direct him to appear or to be brought before the supervising Court; and (b) if the warrant is issued requiring him to be brought before the Supreme Court or a District Court and he cannot forthwith be brought before that Court because it is not then being held, the warrant shall have effect as if it directed him to be brought before a Magistrates Court and that Court shall commit him to custody or release him on bail, with or without sureties, to be brought or to appear before the Supreme Court or District Court (as the case requires). ( 3) Power of Court on conviction of a person during probation period. If a person in whose case a probation order has been made by any Court is convicted and dealt with by another Court in respect of an offence (other than an offence against section fifteen of this Act or against a law of another State or a Territory corresponding to section 36G of this Act) committed during the probation period, that other Court may

30 Offenders Probation and Parole Act Amendment Act of 1968, No. 7 commit him to custody or release him on bail, with or without sureties, to appear or be brought before the Court by which the order was made or (if the order was made by a Magistrates Court) before the supervising Court; and if it does so that other Court shall send to the Crown Solicitor or the appropriate Clerk of the Court ( as the case may require ) a certificate of the conviction signed by the proper officer of that Court. Any such certificate purporting to be so signed shall be admissible as evidence before any Court that the probationer has been convicted and dealt with in respect of the offence therein specified committed in Queensland during the probation period. (4) A certificate purporting to be signed by the proper officer of a Court of another State or a Territory before which a probationer appears or is brought pursuant to a law of that State or Territory certifying that the probationer has been convicted and dealt with in respect of an offence (other than an offence against a law of that State or Territory corresponding to section 36G of this Act) committed during the probation period, shall be admissible as evidence before any Court that the probationer has been convicted and dealt with in respect of the offence therein specified committed in the other State or the Territory during the probation period. (5) Where- (a) a probationer is convicted of and dealt with in respect of an offence ( other than an offence against section fifteen of this Act or against a law of another State or a Territory corresponding to section 36G of this Act) committed during the probation period either by the Court by which the probation order was made or (if the probation order was made by a Magistrates Court ) by the supervising Court; or (b) it is proved to the satisfaction of the Court by which the probation order was made or (if the probation order was made by a Magistrates Court) to the satisfaction of the supervising Court that the probationer has been convicted of and dealt with in respect of an offence ( other than an offence against section fifteen of this Act or against a law of another State or a Territory corresponding to section 36G of this Act) committed in Queensland or elsewhere during the probation period, such Court or such supervising Court (as the case may be) may deal with the probationer for the offence for which the order was made in any manner in which it could deal with him if he had just been convicted by or before that Court of that offence. (6) If a probationer in whose case the probation order was made by a Magistrates Court is convicted before the Supreme Court or a District Court of an offence committed during the probation period, the Supreme Court or District Court may deal with him for the offence for which the order was made in any ittarrner in which the Magistrates Court could deal with him if it had just convicted him of that offence, and any sentence imposed shall be regarded' as the sentence of the Magistrates Court except that for the purposes of any appeal against that sentence it shall be regarded as a sentence imposed on a conviction on indictment and the provisions of Chapter LXVII of " The Criminal Code," so far as applicable, shall apply accordingly.

Offenders Probation and Parole Act Amendment Act of 1968, No. 7 31 (7) If a probationer in whose case the probation order was made by a District Court is convicted before the Supreme Court for an offence committed during the probation period, the Supreme Court may deal with him for the offence for which the probation order was made in any manner in which the District Court could deal with him if it had just convicted him before that Court of that offence and any sentence imposed by the Supreme Court shall, for all purposes, be regarded as the sentence of the District Court imposed on a conviction on indictment. (8) A probationer who has been dealt with under the provisions of a law of another State or a Territory corresponding to sections 361 and 36K of this Act for that he has been convicted of, and dealt with for, an offence committed during the probation period shall not be liable to be dealt with under this section for that conviction." 13. Amendment of s. 17. Section seventeen of the Principal Act is amended by omitting the words " this Act " and inserting in their stead the words " this Part ". 14. Amendment of s. 18 . Section eighteen of the Principal Act is amended by omitting the words " this Act " wherever occurring and inserting in their stead wherever omitted the words " this Part ". 15. Amendment of s. 19. Section nineteen of the Principal Act is amended by inserting in subsection (2) after the words " under this Act ", the words "or under a law of another State or a Territory corresponding to Division I of Part IV ". 16. Heading . The following heading is inserted before section twenty of the Principal Act:- " PART III-PAROLE ORDERS ". 17. Amendment of s. 20 . Section twenty of the Principal Act is amended by adding at the end thereof the following subsections:- " (3) An officer of the Department of Justice nominated in that behalf by the Under Secretary of that Department may act as a member of the Board during such time as the Under Secretary is prevented by absence, illness or any other cause from performing the duties of his office as a member of the Board and the officer so nominated, whilst so acting, shall have and may exercise all of the powers and functions of, and for all purposes shall be deemed to be, a member of the Board. (4) An officer of the Prisons Department nominated in that behalf by the Comptroller-General of Prisons may act as a member of the Board during such time as the Comptroller-General is prevented by absence, illness or any other cause from performing the duties of his office as a member of the Board and the officer so nominated, whilst so acting, shall have and may exercise all the powers and functions of, and for all purposes shall be deemed to be, a member of the Board. (5) A nomination under subsection (3) or (4) of this section- (a) shall be in writing; (b) may be made generally or subject to such limitations as to time or otherwise as are specified therein; and (c) may, in writing, be revoked at any time." 18. Amendment of s. 22. Section twenty-two of the Principal Act is amended by adding at the end thereof the following subsection:- " (3) (a) Where the chairman is unable by reason of absence, illness or any other cause to attend a meeting of the Board and four other members of the Board are of opinion that, as a matter of urgency, it is

32 Offenders Probation and Parole Act Amendment Act of 1968, No. 7 desirable that a meeting of the Board be held to consider the exercise by the Board of its powers under subsection (1) of section thirty-five of this Act, a meeting of the Board shall be held at a time and place fixed by the Secretary. (b) The Under Secretary, Department of Justice, or, in his absence, a member of the Board appointed in that behalf by the members present at the meeting, shall be the chairman of the meeting and for that purpose shall have and may exercise all the powers, authorities, duties and functions of the chairman of the Board under this Act. (c) Notwithstanding the provisions of subsection (2) of this section, at a meeting of the Board held under this subsection a quorum of the Board shall consist of four members of the Board other than the chairman and a meeting of the Board at which such a quorum is present shall be deemed to be a duly convened meeting of the Board for the purpose of exercising, and shall be competent to exercise, any powers of the Board under subsection (1) of section thirty-five of this Act in relation to the parole of any prisoner. (d) Nothing in this subsection shall be read as limiting in any way the power of a meeting of the Board duly convened under the provisions of this Act other than this subsection to transact any business of the Board." 19. Amendment of s. 24 . Section twenty-four of the Principal Act is amended by omitting from subsection (2) the words " upon a matter within its competence ". 20. Amendment of s. 30. The Principal Act is amended by deleting subsection (2) and by renumbering subsection (3) as subsection (2). 21. Amendments of s. 32. Section thirty-two of the Principal Act is amended- (a) by omitting from subsection (1) the words and brackets " (hereinafter called a " parole order ") "; (b) by omitting from subsection (2) the words and brackets " (hereinafter called the " parole period ") be under the supervision of a parole officer and shall comply with such requirements as are specified in the parole order in accordance with the regulations " and inserting in their stead the words " be under the supervision of a parole officer and shall comply with such requirements as the Board considers necessary for securing the good conduct of the prisoner or for preventing a repetition by him of the offence in respect of which he was imprisoned or detained or the commission of other offences and as are specified in the parole order "; (c) by inserting after subsection (2) the following subsections:- " (2A) Without limiting the generality of subsection (2) of this section, the parole order may include requirements relating to the residence of the prisoner in Queensland or if the prisoner consents, in another State or a Territory. (2s) Unless the parole order otherwise permits or requires the prisoner to reside in another' State or Territory, it shall be a requirement of every parole order that the prisoner shall not, leave or remain ;out of the State save in compliance in every respect with the terms and conditions of a permit in writing of the Board or of the Chief Parole Officer.

Offenders Probation and Parole Act Amendment Act of 1968, No. 7 33 (2c) Where a parole order requires that the prisoner shall not leave or remain out of the State , the Board or the Chief Parole Officer may permit the prisoner to leave and remain out of the State for such time and upon such terms and conditions, as it or he deems fit. Any permit under this subsection shall be in writing under the hand of a member of the Board or the Chief Parole Officer, as the case requires, and to the extent necessary to give effect to the permit under this subsection the parole order shall be deemed to be amended and shall apply accordingly. Where a permit is issued by the Chief Parole Officer under this subsection , that officer shall forthwith cause to be sent to the Secretary a copy of the permit together with a report setting out the facts and circumstances under which the permit was issued. (2D) Where pursuant to a parole order, a prisoner is required or permitted to reside in another State or a Territory, the Chief Parole Officer shall send to the Chief or Principal Parole Officer, or other prescribed officer, in that State or Territory, where that officer so requires, a copy of the parole order certified in writing under his hand as a true copy, and such documents and information relating to the case as he considers likely to be of assistance to any authority or officer in the State or Territory with respect to the order."; and (d) by inserting in subsection (3), after the word " Board " the words " or the Chief Parole Officer ". 22. New s. 32A. After section thirty-two of the Principal Act the following section is inserted:- " [32A.] Breach of parole order otherwise than by conviction. (1) A prisoner who at any time during the parole period whether in Queensland or elsewhere fails to comply with all or any of the requirements of a parole order shall be guilty of an offence. (2) If at any time during the parole period it is made to appear on complaint to a justice that a prisoner has failed to comply with all or any of the requirements of a parole order, the justice may issue a summons requiring the prisoner to appear at a .Magistrates Court at the time and place specified or may, if the complaint is in writing and on oath, issue a warrant for his arrest directing that he be brought before a Magistrates Court at the place specified as soon as practicable after his arrest. The Magistrates Court before which the prisoner is required to appear or is directed to be brought, as the case may be, shall have jurisdiction to hear and determine the complaint. (3) If the Magistrates Court before which the prisoner appears or is brought pursuant to subsection (2) of this section, convicts the prisoner of an offence against this section, the Court may, without prejudice to the continuation of the parole order, impose on him a fine not-exceeding One hundred dollars. (4) The conviction of a prisoner of an offence against this section shall not limit the power of the Board to cancel, suspend, amend or vary his parole pursuant to section thirty-five of this Act. (5) Without prejudice to the provisions of subsection (2) of section thirty-five of this Act, a prisoner who is sentenced to another term of imprisonment in respect of an offence committed during the parole period, whether in Queensland or elsewhere, shall not on account of the commission of that offence be liable to be dealt with under this section. 2

34 Offenders Probation and "arole Act Amendment Act of 1968, No. 7 (6) A prisoner who has been dealt with under the provisions of a law of another State or a Territory corresponding to section 36Q of this Act for failing to comply with all or any of the requirements of the parole order shall not be liable to be dealt with under this section for the act or omission which constituted the failing to comply for which he was so dealt with. (7) Where any breach of the requirements of a parole order comes to the knowledge of the Chief Parole Officer, he shall give forthwith notice in writing of the breach to the Secretary and shall submit such reports upon and information with respect to the breach as the Secretary may require." 23. Amendments of s. 33. Section thirty-three of the Principal Act is amended- (a) by renumbering that section as subsection (1); and (b) by adding at the end thereof, the following subsection:- " (2) Without limiting the generality of subsection (1) of this section, a prisoner released upon parole under that subsection- (a) shall be under the supervision of a parole officer for life unless the Governor in Council, upon the recommendation of the Board, at any time and from time to time waives this requirement; and (h) shall comply with such requirements as the Governor in Council, upon the recommendation of the Board, considers necessary for securing the good conduct of the prisoner and as are specified in the instrument of release." 24. Amendment of s. 34 . Section thirty-four of the Principal Act is amended by inserting therein after the words " of any offence ", the words and brackets " (other than an offence against section 32A of this Act or a law of another State or a Territory corresponding to section 36Q of this Act) ". 25. Amendments of s. 35. Section thirty-five of the Principal Act is amended- (a) by inserting in subsection (1), after the words " by order cancel," the word and comma " suspend,"; (b) by inserting after subsection (1) the following subsections:- " (1A) Any suspension of a prisoner's parole under subsection (1) of this section may be for a fixed or an indeterminate period as the Board deems fit. The Board may at any time cancel an order suspending a prisoner's parole. (1B) Where a prisoner's parole has been suspended and during the period of that suspension the prisoner's parole has not been cancelled whether by order of the Board under subsection (1) of this section or by operation of subsection (2) of this section, then at the expiration of the period of suspension of the prisoner's parole, or if the order suspending the prisoner's parole is sooner cancelled, upon such cancellation the parole order shall again apply with such additional or varied requirements, if any, as the Board may impose and the prisoner shall be released on parole under the order.

Offenders Probation and Parole Act Amendment Act of 1968, No. 7 35 (1c) Where pursuant to a parole order a prisoner is residing in another State or a Territory and the Parole Board, or other prescribed authority, of that State or Territory makes an order cancelling , suspending, amending or varying his parole, the parole order shall be deemed to be cancelled , suspended, amended or varied as specified in the order and as so amended or varied shall apply accordingly. Where the Parole Board or other prescribed authority of that State or Territory cancels any order suspending a prisoner 's parole, the foregoing provisions of this subsection shall cease to apply in relation to that order."; (c) by inserting in subsection (2) after the words " of any offence " the words and brackets " (other than an offence against section 32A of this Act or a law of another State or a Territory corresponding to section 36Q of this Act) "; and (d) by inserting at the end thereof the following subsections:- " (5) Where a prisoner's parole is suspended by order of the Board, the Board may whenever necessary, by warrant signed by any two members of the F,oard, authorize any member of the Police Force or other officer to apprehend the prisoner and return him to a prison or institution specified in the warrant to be therein kept in custody for so long as the order suspending his parole remains in force and such warrant shall be sufficient authority for the prisoner's apprehension and for his conveyance to the prison or institution specified in the warrant and for his detention therein during the period during which the order suspending his parole remains in force. (6) Where a prisoner has been imprisoned or detained under the provisions of a law of another State or a Territory corresponding to section 36P of this Act, he shall be regarded for the purposes of this Part, as having served or undergone imprisonment or detention, as the case may be, for the period during which he was so imprisoned or detained and that period shall be regarded as time served in respect of his term of imprisonment or detention under the original warrant of commitment or other authority therefor." 26. New Part IV. After section thirty-six of the Principal Act the following headings and section are inserted- PART IV-ORDERS MADE IN ANOTHER STATE OR A TERRITORY Division I-Probation Orders [36A.] Interpretation . (1) In this Division, unless the context otherwise indicates or requires, the following term shall have the meaning respectively assigned to it that is to say:- Probation order "-A probation order, or any order of a class prescribed to be similar to probation orders, made by a Court, or other prescribed authority, of another State or Territory that requires or permits the probationer to reside in Queensland. (2) For the purpose of this Part, a Court having jurisdiction similar to the jurisdiction of the Court of another State or a Territory by which a probation order was made shall be- (a) in the case of a probation order made by the Supreme Court of another State or a Territory, the Supreme Court of Queensland; (b) in the case of a probation order made by a Court of General Sessions or a Court of Quarter Sessions of another State or a Territory, a District Court;

36 Offenders Probation and Parole Act Amendment Act of 1968, No. 7 (c) in the case of a probation order made by a Court of another State or a Territory constituted by a Police, Stipendiary or Special Magistrate or by a Justice or Justices of the Peace, a Magistrates Court constituted by a Stipendiary Magistrate sitting alone." 27. New ss. 36B and 36C. After section 36A of the Principal Act as previously inserted by this Act, the following sections are inserted:- " [36B.] Probation order to have effect in State. Subject to the provisions of this Division, a probation order shall have force and effect and the probationer shall be bound by the requirements thereof, whether express or implied, in all respects as if it were an order made under the provisions of Part II and those provisions shall, subject to all necessary adaptations, be applicable thereto. [36C.] Reports . (1) The Chief Probation Officer shall cause to be prepared and submitted to a Court, or to the Chief or Principal Probation Officer, or such other officer or authority as prescribed, of another State or a Territory in which the probation order was made, such reports upon, and information with respect to, the probationer as the Court, officer or authority may require from time to time. (2) A report made in accordance with the provisions of subsection (2) of section six of this Act shall include a report with respect to probation orders to which this Division applies in relation to the matters specified in that subsection." 28. New ss . 36D and 36E. After section 36c of the Principal Act as previously inserted by this Act, the following sections are inserted:- " [36D.] (1) Probationer to report . There shall be implied in every probation order- (a) a requirement that the probationer report in person, or in writing, to the Chief Probation Officer within seventy-two hours after he comes into the State; and (b) a requirement that the probationer report in person at such place, within such time, and to such person as may, from time to time, be specified by the Chief Probation Officer by instrument in writing given or sent to the probationer. (2) Where the Chief or Principal Probation Officer of the State or Territory in which the probation order was made is of opinion, in the circumstances of the case, that any requirements specified in subsection (1) of this section should be waived, he may notify the Chief Probation Officer and the probationer in writing to that effect and thereupon the probationer shall not be required to comply with that requirement unless or until he is directed to the contrary by the said Chief or Principal Probation Officer. (3) Assignment of probation officer. Save where the Chief or Principal Probation Officer of the State or Territory in which the probation order was made informs the Chief Probation Officer that the assignment of a probation officer is not required, the Chief Probation Officer shall assign a probation officer to be the probation officer in respect of the probation order and to supervise the probationer in this State during the continuance of the order, and the Chief Probation Officer may from time to time assign another probation officer in respect of the order in lieu of the probation officer previously assigned.

Offenders Probation and Parole Act Amendment Act of 1968, No. 7 37 [36E.] Order for discharge of probation order . (1) A Court having jurisdiction similar to the jurisdiction of the Court of another State or a Territory by which a probation order was made may, upon application by the probation officer assigned pursuant to subsection (3) of section 36D of this Act in respect of the order or by the probationer and after due consideration of any report by the Chief or Principal Probation Officer, or other prescribed officer, of that other State or Territory, make an order for the discharge of the probation order and thereupon the order shall for the purposes of this Part be deemed to be discharged accordingly. (2) Where an order is made pursuant to subsection (1) of this section, the Court making the order shall cause to be sent to the Chief or Principal Probation Officer, or other prescribed officer, in the State or Territory in which the probation order was made, a copy of the order, together with such documents and information relating to the matter as it considers likely to be of assistance to any Court, authority or person in the State or Territory with respect to the order ". 29. New s. 36F. After section 36E of the Principal Act as previously inserted by this Act, the following section is inserted:- " [36F.] Amendment of probation order . (1) A Court having jurisdiction similar to that of the supervising Court in the State or Territory in which a probation order was made or of the Court of that State or Territory by which the order was made, may at any time, upon application by the probation officer assigned pursuant to subsection (3) of section 36D of this Act in respect of the order or by the probationer and after due consideration of any report by the Chief or Principal Probation Officer, or other prescribed officer, of that State or Territory, by order amend the probation order by cancelling any of the requirements thereof or by inserting therein (either in addition to or in substitution for any such requirement) any requirement which could be included in the order if it were then being made by the Court in accordance with the provisions of Part II but the Court shall not- (a) amend a probation order by reducing the probation period or by extending the probation period beyond the maximum period during which the probationer might have been required by the order to be under the supervision of a probation officer in the State or Territory in which the order was made; and (b) except with the consent of the probationer, so amend the probation order that the probationer is thereby required to reside in any institution or in another State or Territory. (2) Notwithstanding that a probation order of another State or a Territory does not require or permit the probationer to reside in the State, an amending order may be made pursuant to subsection (1) of this section on the application of the probationer, permitting or requiring the probationer to reside in the State and thereupon the probation order shall become an order to which this Part applies and shall for the purposes thereof be deemed to be amended accordingly. The Court may direct that any such order shall have effect retrospectively as from a date specified in the order in that regard. (3) Where, pursuant to this section, an order is made amending a probation order, the probation order shall for the purposes of this Part, be deemed to be amended as specified in the amending order and as so amended shall apply accordingly.

38 Offenders Probation and Parole Act Amendment Act of 1968, No. 7 (4) Where an amending order is made pursuant to this section, the Registrar or clerk of the Court, as the case may be, shall forthwith- (a) cause to be sent to the Chief or Principal Probation Officer or other prescribed officer, of the State or Territory in which the probation order was made, a copy of the order, together with such documents and information relating to the matter as it considers likely to be of assistance to any Court, authority or person in the State or Territory with respect to the order; and (b) cause a copy of the order to be given or sent to the probationer and to be sent to the probation officer and to the person in charge of any institution in which a probationer is or was required by the order to reside. (5) Where pursuant to this section a Court proposes to amend a probation order otherwise than on the application of the probationer, it may summon him to appear before the Court, and the Court shall not amend a probation order unless the probationer expresses his willingness to comply with the requirements of the order as amended but this subsection shall not apply to an order cancelling any requirement of the probation order or reducing the period of any requirement." 30. New ss. 36G and 36H. After section 36F of the Principal Act as previously inserted by this Act, the following sections are inserted:- " [36G.] Breach of requirements of probation order otherwise than by conviction . (1) A probationer who at any time during the probation period fails to comply with all or any of the requirements.of a probation order, whether express or implied, shall be guilty of an offence. (2) If at any time during the probation period it is made to appear on complaint to a justice that a probationer has failed to comply with all or any of the requirements of a probation order, the justice may issue a summons requiring the probationer to appear at a Magistrates Court at a time and place specified therein or may, if the complaint is in writing and on oath, issue a warrant for the probationer's arrest directing that he be brought before a Magistrates Court at a place specified therein as soon as practicable after his arrest. The Magistrates Court before which he is required to appear or is directed to be brought, as the case may be, shall have jurisdiction to hear and determine the complaint. (3) If the Magistrates Court convicts the probationer of an offence against this section, the Court may- (a) without prejudice to the continuation of the probation order, impose on him a fine not exceeding One hundred dollars; or (b) if the probation order was made by a Court having in the State or Territory in which the order was made, a jurisdiction similar to the jurisdiction of a Magistrates Court-make an order pursuant to subsection (I) of section 36H of this Act with respect to the probationer or deal with him in accordance with the provisions of subsection (4) of that section; or (c) in any other case-commit him to custody or release him on bail (with or without sureties) to be brought or to appear before a Court having jurisdiction similar to the jurisdiction of the Court of the other State or a Territory by which the order was made.

Offenders Probation and Parole Act Amendment Act of 1968, No. 7 39 (4) (a) Where a Magistrates Court exercises the power referred to in paragraph (c) of subsection (3) of this section, that Court shall send to the Crown Solicitor a certificate signed by a justice certifying that the probationer has failed to comply with all or such of the requirements of the probation order as are specified in the certificate, together with such other particulars of the case as the Court thinks desirable. (b) A certificate given pursuant to paragraph (a) of this subsection is admissible as evidence before any Court of such failure and of the other particulars to which it relates. (5) Without prejudice to the provisions of section 361 of this Act, a probationer who is convicted of an offence (other than an offence against this section) committed during the probation period, shall not on that account be liable to be dealt with under this section or section 36H of this Act for failing to comply with all or any of the requirements of the probation order. (6) Where the probationer is brought or appears before the Supreme or a District Court, and it is proved to the satisfaction of the Judge that he has failed to comply with all or any of the requirements of the probation order, that Court may without prejudice to the continuation of the probation order impose a fine not exceeding One hundred dollars, make an order pursuant to subsection (1) of section 36H of this Act with respect to the probationer or deal with him in accordance with the provisions of subsection (4) of that section. (7) The provisions of " The Justices Acts, 1886 to 1965," shall so far as applicable and subject to such adaptations as are necessary extend and apply to all complaints, summonses, warrants and admission to bail referred to in the foregoing provisions of this section. (8) For the purposes of this section and sections 36H, 361 and 36K of this Act, the Court may presume that the person before the Court- (a) is the probationer in respect of whom the probation order was made if that person does not adduce evidence that he is not the probationer in respect of whom the probation order was made; and (h) is the person who was convicted of the offence in respect of which the probation order was made if the person before the Court does not adduce evidence that he is not the person who was convicted of the offence in respect of which the probation order was made. [36H.] How probationer to be dealt with on breach of order. (1) A Court duly authorized in that behalf under paragraph (b) of subsectior, (3) or subsection (6) of section 36G of this Act may order that the probationer be returned to the State or Territory in which the probation order was- made, and for that purpose may by warrant under hand in the prescribed form direct that the probationer be kept in custody in a prison, lock-up or other place of detention specified in the warrant, and delivered into the custody of a member of the Police Force or other person to whom a Court, Judge, Magistrate or justice of the Peace of that State or Territory has directed a warrant, hereinafter in this section referred to as an " interstate warrant ", authorizing the apprehension of the probationer and directing that he be brought before a Court of that State or Territory to be dealt with according to law for failing to comply with all or any of the requirements of the probation order.

40 Offenders Probation and Parole Act Amendment Act of 1968, No. 7 (2) A warrant issued by a Court of this State under subsection (1) of this section may be executed according to its tenor but the warrant does not authorize the detention in custody of any person after the expiration of a period of fourteen days commencing on the day on which it is issued. (3) On production to a justice of an interstate warrant , the justice, on proof on oath of the signature of the person by whom the interstate warrant was issued , may make an endorsement as prescribed on that warrant authorizing the execution thereof in this State , and the interstate warrant so endorsed shall authorize the member of the Police Force of the State or Territory in which it was issued or other person to whom it is directed, to take the probationer into his custody and to return him to the State or Territory in which the interstate warrant was issued, and for that purpose shall authorize the detention of the probationer in a prison lock - up or other place of detention for such period not exceeding fourteen days, as may be specified in the endorsement to the interstate warrant pursuant to this subsection. (4) Subject to subsection (5) of this section, a Court duly authorized in that behalf under paragraph (b) of subsection (3) or subsection (6) of section 36G of this Act may, where an order under subsection (1) of this section is not made or where made , has been vacated under subsection (7) of this section , deal with the probationer for the offence against section 36G of this Act in any manner in which the Court could deal with him if the act or omission constituting the offence in respect of which the probation order was made had taken place within the jurisdiction of the Court and if it had just convicted him of an offence constituted by that act or omission punishable by a penalty not exceeding the maximum penalty prescribed by the law of the State or Territory in which the probation order was made for the offence in respect of which that order was made. (5) A Court shall not deal with a probationer under subsection (4) of this section unless it appears that the appropriate Court or authority of the State or Territory in which the probation order was made does not require the return of the probationer to that State or Territory to be dealt with for the offence in respect of which that order was made. (6) The Court before which the probationer is brought may discharge the probationer, admit him to bail on such conditions and recognizances as it deems fit , or authorize his detention in a prison, lock-up or other place of detention for a reasonable period not exceeding fourteen days, pending receipt of instructions from the appropriate Court or authority in the State or Territory in which the probation order was made whether the return of the probationer to that State or Territory is desired or not. (7) Where an order has been made under subsection (1) of this section, the Court may at any time before the expiration of a period of fourteen days commencing on the day on which the warrant is issued, vacate the order and may thereupon deal with the probationer as provided by subsection (4) of this section. (8) A probationer who has been dealt with under the provisions of a law of another State or a Territory corresponding to the provisions of section fifteen of this Act for failing to comply with all or any of the requirements of the probation order, shall not be liable to be dealt with under this section or under section 36G of this Act for the act or omission which constituted the failing to comply for which he was so dealt with.

Offenders Probation and Parole Act Amendment Act of 1968, No. 7 41 (9) Any sentence imposed by the Court pursuant to subsection (4) of this section shall be regarded as a sentence imposed on a conviction and in the case of the Supreme Court or a District Court the provisions of Chapter LXVII of " The Criminal Code " so far as applicable shall apply accordingly for the purposes of any appeal against that sentence." 31. New ss. 36J, 36K and 36L. After section 36H of the Principal Act as previously inserted by this Act, the following sections are inserted:- [36J.] Breach of order by conviction . (1) A probationer who is convicted of an offence (other than an offence against section 36G of this Act) committed during the probation period and is dealt with in respect of that offence, is guilty of an offence against this Act and is liable to be dealt with as hereinafter provided in this section. (2) If it is made to appear on complaint to a justice that a person in whose case a probation order has been made, has been convicted of an offence (other than an offence against section 36G of this Act) committed during the probation period, and has been dealt with in respect of that offence, the justice may issue a summons requiring that person to appear at the time and place specified therein, or, where the complaint is in writing and on oath, may issue a warrant for his arrest. (3) A summons or warrant issued under subsection (2) of this section shall direct the person so convicted to appear or be brought before a Court having jurisdiction similar to the jurisdiction of the Court of another State or a Territory by which the probation order was made. (4) If a person in whose case a probation order has been made is convicted and dealt with in respect of an offence (other than an offence against section 36G of this Act) committed during the probation period by a Court not having jurisdiction similar to that of the Court of another State or a Territory by which the order was made, that Court may commit him to custody or release him on bail, with or without sureties, to be brought or to appear before a Court having jurisdiction similar to that of the Court of another State or a Territory by which the probation order was made; and if it does so that Court shall send to the Crown Solicitor a certificate of the conviction signed by the proper officer of that Court. (5) A certificate given pursuant to subsection (4) of this section shall be admissible as evidence before any Court that the probationer has been convicted and dealt with in respect of the offence therein specified committed in Queensland during the probation period. (6) Where- (a) a probationer is convicted of and dealt with in respect of an offence (other than an offence against section 36G of this Act) committed during the probation period by a Court having jurisdiction similar to that of the Court of another State or a Territory by which the probation order was made; or (b) it is proved to the satisfaction of a Court having jurisdiction similar to that of the Court of another State or a Territory by which the probation order was made that the probationer has been convicted of and dealt with in respect of an offence (other than an offence against section 36G of this Act) committed during the probation period, the Court may make an order pursuant to subsection (1) of section 36K of this Act with respect to the probationer or deal with him in accordance with the provisions of subsection (4) of that section.

42 0/j enders Probation and Parole Act Amendment Act of 1968, No. 7 (7) Where a probationer in whose case the probation order was made by a Court of another State or a Territory having jurisdiction similar to that of a Magistrates Court is convicted before the Supreme Court or a District Court of an offence committed during the probation period, the Supreme Court or District Court may make an order pursuant to subsection (1) of section 36K of this Act with respect to the probationer or deal with him in accordance with the provisions of subsection (4) of that section, and any sentence imposed shall be regarded as the sentence of a Magistrates Court. (8) Where a probationer in whose case the probation order was made by a Court of another State or a Territory having jurisdiction similar to that of a District Court is convicted before the Supreme Court of an offence committed during the probation period, the Supreme Court may make an order pursuant to subsection (1) of section 36K of this Act with respect to the probationer or deal with him in accordance with the provisions of subsection (4) of that section, and any sentence imposed shall, for all purposes, be regarded as the sentence of a District Court imposed on a conviction on indictment. (36K.] Consequences on conviction . (1) A Court duly authorized in that behalf under subsection (6), (7) or (8) of section 361 of this Act may order that the probationer be returned to the State or Territory in which the probation order was made either forthwith or at the expiration, or at any time before the expiration, of a term of imprisonment or detention which he is serving or to which he has been sentenced and for that purpose may by warrant under hand in the prescribed form direct that the probationer be kept in custody in a prison, lock-up or other place of detention specified in the warrant and delivered into the custody of a member of the Police Force or other person to whom a Court, Judge, Magistrate, or justice of the peace of that State or Territory has directed a warrant, hereinafter in this section referred to as an "interstate warrant ", authorizing the apprehension of the probationer and directing that he be brought before a Court of that State or Territory to be dealt with according to law for that he has been convicted of and dealt with for an offence committed during the probation period. (2) A warrant issued by a Court of this State under subsection (1) of this section may be executed according to its tenor but the warrant does not authorize the detention in custody of any person after the expiration of a period of fourteen days commencing on the day on which that person is taken into custody or commences to be detained under the warrant. (3) On production to a justice of an interstate warrant, the justice, on proof on oath of the signature of the person by whom the interstate warrant was issued, may make an endorsement as prescribed on that warrant authorizing the execution thereof in this State and the interstate warrant so endorsed shall authorize the member of the Police Force of the State or Territory in which it was issued or other person to whom it is directed to take the probationer into his custody and to return him to the State or Territory in which the interstate warrant was issued and for that purpose shall authorize the detention of the probationer in a prison. lock-up or other place of detention for such period not exceeding fourteen days as may be specified in the endorsement to the interstate warrant pursuant to this subsection. (4) Subject to subsection (5) of this section, a Court duly authorized in that behalf pursuant to subsection (6), (7) or (8) of section 361 of this Act may, where an order under subsection (I) of this section is not made

Offenders Probation and Parole Act Amendment Act of 1968, No. 7 43 or, where made, has been vacated under subsection (7) of this section, deal with the probationer for the offence against section 361 of this Act in any manner in which the Court could deal with him if the act or ,omission constituting the offence in respect of which the probation order was made had taken place within the jurisdiction of the Court and if it had just convicted him of an offence constituted by that act or omission and punishable by a penalty not exceeding the maximum penalty prescribed by the law of the State or Territory in which the probation order was made for the offence in respect of which that order was made. (5) A Court shall not deal with a probationer pursuant to subsection (4) of this section unless it appears that the appropriate Court or authority of the State or Territory in which the probation order was made does not require the return of the probationer to that State or Territory to be dealt with for the offence in respect of which that order was made. (6) The Court before which the probationer is brought may discharge the probationer, admit him to bail on such conditions and recognizances as it deems fit, or authorize his detention in a prison, lock-up or other place of detention for a reasonable period not exceeding fourteen' days, pending receipt of instructions from the appropriate Court or authority in the State or Territory in which the probation order was made whether the return of the probationer to that State or Territory is desired or not. (7) Where an order has been made under subsection (1) of this section, the Court may at any time before the expiration of a period of fourteen days commencing on the day on which the warrant is expressed to take effect vacate the order and may thereupon deal with the probationer as provided by subsection (4) of this section. (8) A probationer who has been dealt with under the provisions of a law of another State or a Territory corresponding to the provisions of section sixteen of this Act for that he has been convicted of, and dealt with for, an offence committed during the probation period shall not be liable to be dealt with under this section or under section 361 of this Act on account of that conviction. (9) Any sentence imposed by the Court pursuant to subsection (4) of this section shall be regarded as a sentence imposed on a conviction and in the ease of the Supreme Court or a District Court the provisions of Chapter LXVII of " The Criminal Code " so far as applicable shall apply accordingly for the purposes of any appeal against that sentence. [36L.] Application of ss. 17 and 18. In the application, pursuant to section 36a of this Act, of sections seventeen and eighteen of this Act for the purposes of this Part those sections shall be read as if a reference to " the foregoing provisions of this Part " were a reference to the provisions of Division I of Part IV." 32. New Division II-Parole Orders . After section 36L of the Principal Act as previously inserted by this Act, the following heading and sections are inserted:- Division II-Parole Orders [36M.] Interpretation . In this Division, unless the context otherwise indicates or requires, the following term shall have the meaning respectively assigned to it, that is to, say:- Parole order "-A parole order, or any order of a class prescribed to be similar to parole orders, made by a Parole Board, or other prescribed authority, of another State or a Territory that requires or permits the prisoner to reside in Queensland.

44 Offenders Probation and Parole Act Amendment Act of 1968, No. 7 [36N.] (1) Parole orders to have effect in State. Subject to the provisions of this Division, a parole order shall have force and effect and the prisoner shall be bound by the requirements thereof, whether express or implied, in all respects as if it were an order made under the provisions of Part III and those provisions shall, subject to all necessary adaptations, be applicable thereto. (2) Reports . A report made in accordance with the provisions of subsection (1) of section thirty of this Act shall include a report with respect to parole orders to which this Division applies in relation to the matters specified in that subsection. (3) The Chief Parole Officer shall cause to be prepared and submitted to the Parole Board or other prescribed authority, or to the Chief or Principal Parole Officer, of another State or a Territory in which the parole order was made such reports upon, and information with respect to, any prisoner as the Board, authority or officer may require from time to time.". 33. New ss. 360 and 36P. After section 36N of the Principal Act as previously inserted by this Act, the following sections are inserted:- " [360.] (1) Prisoner to report on coming into State . There shall be implied in every parole order- (a) a requirement that the prisoner report in person, or in writing, to the Chief Parole Officer within seventy-two hours after he comes into the State; and (b) a requirement that the prisoner report in person at such place, within such time and to such person as may, from time to time, be specified by the Chief Parole Officer by instrument in writing given or sent to the prisoner. (2) Where the Chief or Principal Parole Officer of the State or Territory in which the parole order was made is of opinion, in the circumstances of the case, that any requirement specified in subsection (1) of this section should be waived, he may notify the Chief Parole Officer and the prisoner in writing to that effect and thereupon the prisoner shall not be required to comply with that requirement unless or until he is directed to the contrary by the said Chief or Principal Parole Officer. (3) Assignment of parole officer . Save where the Chief or Principal Parole Officer of the State or Territory in which the parole order was made informs the Chief Parole Officer that the assignment of a parole officer is not required, the Board or the Chief Parole Officer shall assign a parole officer to supervise the prisoner in this State during the parole period and may from time to time so assign another parole officer in lieu of the parole officer previously assigned. [ 36P.] (1) Annulment or cancellation of parole by order of the Board. The Board may in its discretion at any time before the expiration of the parole period after due consideration of any report by the Chief or Principal Parole Officer of the State or Territory in which the parole order was made, by order cancel, suspend, amend or vary the prisoner's parole and thereupon the parole order shall, for the purposes of this Part, be deemed to be cancelled, suspended, amended or varied as specified in the order, and as so amended or varied shall apply accordingly. (2) Any suspension of a prisoner's parole under subsection (1) of this section may be for a fixed or an indeterminate period as the Board deems fit. The Board may at any time cancel an order suspending a prisoner's parole.

Offenders Probation and Parole Act Amendment Act of 1968, No. 7 45 Where the Parole Board or other prescribed authority of that State or Territory cancels any order suspending a prisoner's parole, the foregoing provisions of this subsection shall cease to apply in relation to that order. (3) Where a prisoner's parole has been suspended and during the period of that suspension the prisoner's parole has not been cancelled for the purposes of this Part whether by order of the Board or by the operation of subsection (6) of this section, then at the expiration of the period of suspension of the prisoner's parole, or, if the order suspending the prisoner's parole is sooner cancelled, upon such cancellation, the parole order shall again apply with such additional or varied requirements, if any, as the Board may impose and the prisoner shall be released on parole under the order. (4) Where a prisoner's parole is suspended by order of the Board, the Board may whenever necessary, by warrant signed by any two members of the Board, authorize any member of the Police Force or other officer to apprehend the prisoner and to convey him to a prison, lock-up or other place of detention specified in the warrant to be therein kept in custody for so long as the order suspending his parole remains in force and such warrant shall be sufficient authority for the prisoner's apprehension and for his conveyance to the prison, lock-up or other place of detention specified in the warrant and for his detention therein. during the period during which the order suspending his parole remains in force. (5) Where an order is made under subsection (1) of this section, the Chief Parole Officer shall forthwith- (a) cause to be sent to the Chief or Principal Parole Officer, or other prescribed officer, of the State or Territory in which the parole order was made, a copy of the order, together with such documents and information relating to the matter as he considers likely to be of assistance to any authority or officer in the State or Territory with respect to the order; and (b) cause a copy of the order to be given or sent to the prisoner and the parole officer. (6) Cancellation of parole by conviction . Where the prisoner is sentenced to a term of imprisonment in respect of any offence (other than an offence against section 36Q of this Act) committed during the parole period or where the prisoner's parole has been cancelled by, or under the provisions of, a law of the State or Territory in which he was released upon parole corresponding to subsection (2) of section thirty-five of this Act, his parole shall, ipso facto, he cancelled for the purposes of this Part, notwithstanding that the parole period may already have elapsed. (7) Warrant for return of prisoner to other State . Where a prisoner's parole is cancelled for the purposes of this Part whether by order of the Board or by the operation of subsection (6) of this section, the Board may order that the prisoner be returned to the State or Territory in which he was released on parole either forthwith or at the expiration, or at any time before the expiration, of any term of imprisonment or detention which he is serving or to which he has been sentenced and for that purpose may by warrant in the prescribed form signed by any two members of the Board, whenever necessary authorize any member of the Police Force or other officer to apprehend the prisoner and convey him to such prison lock-up or other place of detention as may be specified in the warrant and direct that the prisoner be kept in custody in the prison,

46 Offenders Probation and Parole Act Amendment Act of 1968, No. 7 lock-up or other place of detention so specified and thereafter delivered into the custody of a member of the Police Force or other person to whom the Parole Board, or other prescribed authority, of the State or Territory in which the parole order was made, has directed a warrant, hereinafter in this section referred to as an " interstate warrant ", authorizing the apprehension of the prisoner and directing that he be returned to a prison or institution in that State or Territory, as the case requires, to serve the unexpired portion of his term of imprisonment or detention or, in the case of a person who immediately prior to his release on parole was being detained during Her Majesty's pleasure, to be further' so detained. (8) A warrant issued pursuant to subsection (7) of this section may be executed according to its tenor but the warrant does not authorize the detention in custody of any person after the expiration of a period of fourteen days commencing on the day on which that person is taken into custody or commences to be detained under the warrant. (9) On production to a justice of an interstate warrant, the justice, on proof on oath of the signature of the person by whom the interstate warrant was issued, may make an endorsement as prescribed on the warrant authorizing the execution thereof in this State and the interstate warrant so endorsed shall authorize the member of the Police Force of the State or Territory in which it was issued or other person to whom it is directed to take the prisoner into his custody and to return him to the State or Territory in which the interstate warrant was issued and for that purpose shall authorize the detention of the prisoner in a prison lock-up or other place of detention for such period not exceeding fourteen days as may be specified in the endorsement to the interstate warrant pursuant to this subsection. (10) Warrants for imprisonment of prisoners . Subject to subsection (12) of this section, where a prisoner's parole is cancelled for the purposes of this Part whether by order of the Board or by the operation of subsection (6) of this section, the Board may, where an order pursuant to subsection (7) of this section is not made or, where made, has been vacated pursuant to subsection (13) of this section, by warrant signed by two members of the Board authorize any member of the Police Force or other officer to apprehend the prisoner and convey him to such prison or institution as may be specified in the warrant to serve a period of imprisonment or detention equal to the unexpired portion of the term of imprisonment or detention which he was undergoing in the State or Territory in which he was released upon parole immediately prior to his release and as specified in the warrant, or where prior to his release on parole in that State or Territory he was being detained during Her Majesty's pleasure, to be further so detained and such warrant shall be sufficient authority for his apprehension and his conveyance to prison or an institution, accordingly. (Il) Subject to subsection (12) of this section, where a prisoner's parole is cancelled for the purposes of this Part whether by order of the Board or by operation of subsection (6) of this section. the Board may where an order under subsection (7) of this section is not made, or where made, has been vacated pursuant to subsection (13) of this section. issue a warrant of commitment for the prisoner's imprisonment or detention, as the case may require, in a prison or institution specified in the warrant:- (a) for a period of imprisonment equal to the unexpired portion of that term where he was undergoing a term of imprisonment immediately prior to his release upon parole;

Offenders Probation and Parole A ct Amendment Act of 1968, No. 7 47 (h) for a period of detention equal to the unexpired portion of that term where he was undergoing detention for a period immediately prior to his release upon parole; (c) for his detention at Her Majesty's pleasure where he was being detained at Her Majesty's pleasure immediately prior to his release upon parole, and the warrant shall be sufficient authority for his detention in that prison or institution accordingly. (12) A Board shall not deal with a prisoner under subsection (10) or (11) of this section unless it appears to the Board that the Parole Board, or other prescribed authority, of the State or Territory in which the prisoner was released upon parole does not require that he be returned to a prison or institution in that State or Territory to serve the unexpired portion of his term of imprisonment or detention or, in the case of a person who immediately prior to his release on parole was being detained during Her Majesty's pleasure, to be further so detained. (13) Where an order has been made pursuant to subsection (7) of this section, the Board may, at any time before the expiration of a period of fourteen days commencing on the day on which the prisoner is taken into custody under the warrant, vacate the order and may thereupon deal with the prisoner as provided by subsections (10) and (11) of this section." 34. New ss. 36Q, 36R and 36S . After section 36P of the Principal Act as previously inserted by this Act, the following sections are inserted:- " [36Q.] Breach of requirements of parole order . (1) Every prisoner who at any time during the parole period fails to comply with all or any of the requirements of the parole order, whether express or implied, shall be guilty of an offence against this Act. (2) If at any time during the parole period it is made to appear on complaint to a justice that a prisoner has failed to comply with all or any of the requirements of the parole order, the justice may issue a summons requiring the prisoner to appear at a Magistrates Court at a time and place specified therein or may, if the complaint is in writing and on oath, issue a warrant for his arrest directing that he be brought before a Magistrates Court at a place specified therein as soon as practicable after his arrest. The Magistrates Court before which the prisoner is required to appear or is directed to be brought, as the case may be, shall have jurisdiction to hear and determine the complaint. (3) If the Magistrates Court before which the prisoner appears or is brought pursuant to subsection (2) of this section, convicts the prisoner of an offence against this section, the Court may, without prejudice to the continuation of the parole order, impose on him a fine not exceeding One hundred dollars or sentence him to imprisonment for a term not exceeding three months. (4) The conviction of a prisoner, of an offence against this section shall not limit the power of the Board by order to cancel, suspend, amend or vary the parole order pursuant to section 36P of this Act.

48 Offenders Probation and Parole Act Amendment Act of 1968, No. 7 (5) Without prejudice to the provisions of subsection (6) of section 36P of this Act, a prisoner who is sentenced to another term of imprisonment in respect of an offence (other than an offence against this section) committed during the parole period shall not on account of the conviction for that offence be liable to be dealt with under this section. (6) A prisoner who has been dealt with under the provisions of a law of another State or Territory corresponding to section 32A of this Act for failing to comply with all or any of the requirements of the parole order shall not be liable to be dealt with under this section for the act or omission which constituted the failing to comply for which he was so dealt with. (7) The provisions of " The Justices Acts, 1886 to 1965," shall, so far as applicable and subject to such adaptations as are necessary, extend and apply to and with respect to all complaints, summonses and warrants referred to in the foregoing provisions of this section. (8) For the purposes of this section and section 36P of this Act, a Court or the Board may presume that the person before the Court or the Board is the prisoner in respect of whom the parole order was made if that person does not adduce evidence that he is not the prisoner in respect of whom the parole order was made. (9) Where any breach of the requirements of a parole order comes to the knowledge of the Chief Parole Officer, he shall give forthwith notice in writing of the breach to the Secretary and shall submit such reports upon and information with respect to the breach as the Secretary may require. [36R.] Authority to release on parole after cancellation . (1) The Board may release from prison upon parole a prisoner undergoing imprisonment or detention pursuant to this Part IV, and the provisions of Part [II shall subject to all necessary adaptations be applicable to the parole order and to the prisoner during the parole period. (2) The Board may release a prisoner on parole notwithstanding that his parole has been cancelled on any prior occasion or occasions under the provisions of this Part in respect of the same term of imprisonment, detention for a period, or detention during Her Majesty's pleasure. (36S.] Persons on parole deemed still under sentence . If the parole period elapses without- (a) the making of an order under this Part or under the law of the State or Territory in which the parole order was made cancelling the prisoner's parole, or (h) the sentencing of the prisoner to another term of imprisonment for any offence by reason whereof his parole is cancelled by force of the provisions of this Part or of the law of the State or Territory in which he was released upon parole, the prisoner for the purposes of this Part:- (c) shall be regarded as having served his term of imprisonment. detention for a period, or detention during Her Majesty's pleasure; and (d) by force of this section is wholly discharged therefrom or in the case of an habitual criminal, ceases to be such. but until the parole so elapses or until he is otherwise discharged from his sentence of imprisonment, detention for a period, or detention during Her Majesty's pleasure, a prisoner released on parole shall for the

OffendersProbation and Parole Act Amendme nt Act of 1968, No. 7 49 purposes of this Part be regarded as being still under sentence or detention and as not having suffered the punishment to which he was sentenced or as not having undergone detention during the period for which he was ordered to be detained or, in the case of an habitual criminal, as being an habitual criminal and liable to be further detained during Her Majesty's pleasure and no part of the time between his release on parole and his recommencing to serve the unexpired portion of his term of imprisonment or detention shall be regarded as time served in respect of that term." 35. New Division III of Part IV. After section 36s of the Principal Act as previously inserted by this Act, the following heading and sections are inserted:- Division Ill-General [36T.] Probationers and prisoners in transit . (1) Where an interstate warrant of a kind referred to in subsection (1) of section 36H or subsection (1) of section 36K or subsection (7) of section 36P of this Act (hereinafter in this section referred to as an " interstate warrant ") has been issued under a law of another State or a Territory and the person to whom the warrant relates is brought into this State in the custody of a person who appears to have been entitled under the authority of the warrant to have custody of that person in the State or Territory from which he is so brought that warrant authorizes the member of the Police Force or other person to whom it is directed, for the purposes of conveying him to the State or Territory in which the warrant was issued, to take or keep the person to whom it relates in custody in this State. (2) An interstate warrant is sufficient authority for the detention in custody of the person to whom it relates in a prison, lock-up or other place of detention. (3) No person shall be detained in custody under an interstate warrant after the expiration of five days from the time when the person was brought into the State in custody in pursuance of the warrant. (4) An interstate warrant authorizes a member of the Police Force or other person to whom the warrant is directed and all Police Officers of this State to apprehend the person to whom the warrant relates if that person escapes from custody and return him to any custody in which he may be detained under the authority of the warrant. [ 36U.] Proof of orders , & c., made in other States or Territories. (1) A certificate under the hand of a member, secretary or other proper officer of a Parole Board, or other prescribed authority, of another State or a Territory purporting to record any order, determination or decision of the Board, or other authority, shall he prima facie evidence of that order, determination or decision, and of the making of the order, determination or decision. (2) All Courts, the Board and persons having, by law or consent of the parties, authority to hear, receive and examine evidence, shall- (a) take judicial notice of the signature of every person who is a member, secretary or other proper officer of a Parole Board, or other prescribed authority of another State or a Territory attached or appended to any document that is or relates to a probation or parole order made or of force and effect in that State or Territory; and (b) unless the contrary is proved, presume that every such signature is properly attached or appended thereto.

50 Offenders Probation and Parole Act Amendment Act of 1968, No. 7 (3) In proceedings under this Act relating to a probationer or a prisoner, a document under the hand of the Chief or Principal Probation Officer, or the Chief or Principal Parole Officer, of the State or Territory, as the case may be, in which the probation order, or parole order in question was made or where made in this State is of force and effect, setting forth matters relevant to the offence upon conviction for which the probation or parole order was made, the probationer's or prisoner's conduct subsequent to release upon probation or parole or his coming into that State or Territory pursuant to the probation or parole order, his antecedents and other matters relevant to his probation and parole shall be received by all Courts and the Board as evidence of the matters set out therein. (4) All Courts and the Board and persons having, by law or consent of the parties, authority to hear, receive and examine evidence, shall- (a) take judicial notice of the signature of every person who is the Chief or Principal Probation Officer, or the Chief or Principal Parole Officer, or other prescribed officer, of another State or a Territory, attached or appended to any document that relates to a probation or parole order made, or of force and effect, in that State or Territory or to a probationer or prisoner in respect of whom such an order is made; and (b) unless the contrary is proved, presume that every such signature is properly attached or appended thereto. [36V.] Consultation in relation to action with respect to breaches of probation or parole orders . (1) Save in special circumstances, before proceedings are taken under this Part with respect to a breach of a probation order, or a parole order, to which this Part relates, the Chief Probation Officer or the Chief Parole Officer, as the case may be- (a) shall give notice thereof to the corresponding officer of the other State or Territory in which the probation order or parole order, as the case may be, was made; (b) invite that officer of the other State or Territory to make such report and recommendation, as he deems fit, with respect to the proposed proceedings; and (c) shall give due consideration to any report and recommendation made under the last preceding paragraph. (2) In any proceedings under this Part with respect to breaches of an order referred to in subsection (I) of this section, a Court or the Board may take into consideration any report and recommendation made under paragraph (h) of that subsection." 36. Heading . The following heading is inserted before section thirty-seven of the Principal Act:- " PART V-MISCELLANEOUS ". 37. New s. 37A. The Principal Act is amended by inserting, after section thirty-seven, the following section:- " [37A.] Proceedings in respect of offences . (1) Save as otherwise provided by this Act, proceedings in respect of offences against this Act may be heard and determined in a summary manner by a Magistrates Court.

Offenders Probation and Parole Act Amendment Act of 1968, No. 7 51 (2) Proceedings in respect of offences arising under Part 11 and Division I of Part IV of this Act may be taken by the Chief Probation Officer or by a person authorized in writing in that behalf by that officer. A certificate under the hand of the Chief Probation Officer of an authorization under this subsection shall be prima facie evidence of that authorization. (3) Proceedings in respect of offences arising under Part Ili and Division II of Part IV of this Act may be taken by a person authorized in that behalf by the Board either generally or in a particular case. A certificate under the hand of the Secretary of an authorization under this subsection shall be prima facie evidence of that authorization."