Periodic Detention of Prisoners Act 1981 - Periodic Detention of Prisoners Amendment (Penalty Notice Offences) Regulation 1998 (1998-192) [GG No 64 of 3.4.1998, p 2314] (NSW)

New South Wales

under the

Periodic Detention of Prisoners Act 1981

His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Periodic Detention of Prisoners Act 1981.

BOB DEBUS, M.P.,
Minister for Corrective Services

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The object of this Regulation is to transfer, with minor amendments, the provisions of the Periodic Detention of Prisoners (Short Description of Offences) Regulation 1993 (made under the Justices Act I902 and being repealed by the Periodic Detention of Prisoners (Short Description of Offences) Repeal Regulation I998 made under that Act) to the Periodic Detention of Prisoners Regulation 1995. The Regulation being repealed prescribes the expressions (the short descriptions) by which certain offences under the Periodic Detention of Prisoners Act I981 may be stated or described in any information, complaint, summons, warrant, notice, order or other document.

To effect the transfer, this Regulation repeals and remakes clause 40 of the Periodic Detention of Prisoners Regulation I995 (which currently prescribes the offences under the Periodic Detention of Prisoners Act 1981 that are offences in respect of which penalty notices (“on-the-spot” fines) may be issued) and inserts clause 40A and Schedule 2 into that Regulation. The offences concerned are specified, and the short descriptions of those offences are set out, in that Schedule.

Published in Gazette No 64 of 3 April 1998, page 2314 Page 1

Periodic Detention of Prisoners Amendment (Penalty Notice Offences) Regulation 1998

Explanatory note

This Regulation is made under the Periodic Detention of Prisoners Act 1981, and, in particular, under sections 33B (Penalty notices for certain offences) and 34 (the general regulation-making power) as extended by section 145B (3) of the Justices Act 1902.

1998 No 192

Periodic Detention of Prisoners Amendment (Penalty Notice Offences) Regulation 1998	Clause 1
Periodic Detention of Prisoners
1 Name of Regulation

This Regulation is the Periodic Detention of Prisoners

Amendment (Penalty Notice Offences) Regulation 1998.

2 Amendment of Periodic Detention of Prisoners Regulation 1995

The Periodic Detention of Prisoners Regulation 1995 is amended as set out in Schedule 1.

3 Notes

The explanatory note does not form part of this Regulation.

Periodic Detention of Prisoners Amendment (Penalty Notice Offences) Regulation 1998

Schedule 1 Amendments

(Clause 2)

[1]       Clause 40

Omit the clause. Insert instead:

40 Penalty notice offences

For the purposes of section 33B of the Act:

(a)	each offence created by a provision specified in Column 1 of Schedule 2 is declared to be a penalty notice offence, and
(b)	the prescribed penalty for such an offence is 2 penalty units.

40A Short descriptions

For the purposes of section 145B of the Justices Act 1902, the prescribed expression for an offence created by a provision specified in Column I of Schedule 2 is:

(a)	the expression specified in Column 2 of that Schedule, or
(b)	if a choice of words is indicated in that expression, the words remaining after the omission of the words irrelevant to the offence.

For the purposes of any proceedings for an offence created by a provision specified in Column 1 of Schedule 2, the prescribed expression for the offence is taken to relate to the offence created by the provision as the provision was in force when the offence is alleged to have been committed.

The amendment or repeal of a prescribed expression does not affect the validity of any information, complaint, summons, warrant, notice, order or other document in which the expression is used, and any such document continues to have effect as if that expression had not been amended or repealed.

Periodic Detention of Prisoners Amendment (Penalty Notice Offences) Regulation 1998

Amendments Schedule 1

(4) Subclause (3) applies to any information, complaint, summons, warrant, notice, order or other document (whether issued, given or made before or after the amendment or repeal) that relates to an offence alleged to have been committed before the amendment or repeal.

[2]       Schedule 2

Insert after Schedule l :
Schedule 2	Penalty notice offences

(Clauses 40 and 40A)

Column 1	Column 2
Offence	Prescribed expression
Offences under Periodic Detention of Prisoners Act 1981
Section 33 (1) (b) (i)	not comply with s 10 (1 ) (b) order to work outside prison

Section 33 (1) (b) (ii) not comply with s 13 order to serve
sentence at other prison

Section 33 (I ) (d), being an offence not notify change of address

specified in clause 39 (1) (a) of this

Regulation

Section 33 (1) (d), being an offence	conceal/attempt conceal personal
specified in clause 39 (1) (b) of	property brought to a prison
this Regulation
Section 33 (1) (d). being an offence	conceal/attempt conceal/not surrender
specified in clause 39 (1) (c) of this	medication brought to a prison
Regulation
Section 33 (1) (d). being an offence	not keep personally clean
specified in clause 39 (1) (d) of this Regulation
Section 33 (1) (d), being an offence	not keep accommodation etc/issued

specified in clause 39 (1) (e ) of this	articles clean, tidy and in good
Regulation	order

Section 33 (1) (d), being an offence	leave prison/work site without
specified in clause 39 (1) ( f ) of this	permission
Regulation

Periodic Detention of Prisoners Amendment (Penalty Notice Offences) Regulation 1998

Schedule 1 Amendments

Column 1	Column 2
Offence
Prescribed expression

Section 33 (1) (d),	being an offence	receive visitors at prison/work site
specified in clause	39 (1) (g) of	without approval

this Regulation

Section 33 (1) (d), being an offence make telephone call from prison/

specified in clause	39 (1) (h) of	work site without approval
this Regulation

Section 33 (1) (d), being an offence not maintain proper dress,

specified in clause	39 (1) (i) of this	cleanliness and conduct
Regulation

Section 33 (1) (d),	being an offence	not keep working clothes/tools in
Regulation

specified in clause	39 (1) (i) of this	good order and condition
Section 33 (1) (d),	being an offence	damage/deface property

specified in clause	39 (1) (k) of
this Regulation
Section 33 (1) (d),	being an offence not sign instrument as required
specified in clause	39 (1) (l) of this
Regulation
Section 33 (1) (d),	being an offence not produce document for inspection
specified in clause	39 (1) (m) of
this Regulation

Section 33 (1) (d), being an offence make false/misleading statement in

specified in clause	39 (1) (n) of	application/notice/statement/request/
this Regulation	complaint
Section 33 (1) (d),	being an offence	gamble/bet
specified in clause	39 (1) (o) of
this Regulation

Section 33 (1) (d), being an offence not comply with clause 31A

specified in clause	39 (1) (o1) of	requirement (medical examinations)
this Regulation
Section 33 (1) (d).	being an offence	be under influence of drug/alcohol/
specified in clause	39 (1) (p) of	intoxicant

this Regulation (clause 32)

Section 33 (1) (d), being an offence	possess/consume alcohol/intoxicating
specified in clause 39 (1) (p) of	substance/substance capable of
this Regulation (clause 33)	becoming intoxicating

Periodic Detention of Prisoners Amendment (Penalty Notice Offences) Regulation 1998

Amendments Schedule 1

Column 1	Column 2
Offence	Prescribed expression
Section 33 (1) (d), being an offence	possess drug/administer drug to self/

another person

specified in clause 39 (l ) (p) of

this Regulation (clause 34)

not comply with requirement/

Section 33 (1 ) (d), being an offence

specified in clause 39 ( l ) (p) of direction concerning breath test

this Regulation (clause 35)

Section 33 (1) (d), being an offence	not comply with requirement/
specified in clause 39 (1) (p) of	direction concerning urine specimen
this Regulation (clause 36)
Section 33 (1) (d), being an offence	tamper with lock/bolt/bar/ventilator/

fire extinguisher/fire hose/electrical

specified in clause 39 (1 ) (q) of
this Regulation	installation/appliance/equipment/ property/structure/building
Section 33 (1) (d), being an offence	remove tool from workshop/place of
specified in clause 39 (1) (q) of	storage
this Regulation
Section 33 (1) (d), being an offence	not answer promptly call to muster
specified in clause 39 (I ) (r) of this Regulation
Section 33 (1) (d), being an offence	use abusive/threatening language to/
specified in clause 39 (1) (s) of this	in presence of prison officer/
Regulation	supervisor

behave in threatening manner

Section 33 (1 ) (d), being an offence
specified in clause 39 (1) (s) of this	towards prison officer/supervisor
Regulation

Section 33 (1) (d), being an offence perform work/use tool/equipment/

specified in clause 39 (1) (t) of this	machinery carelessly/negligently
Regulation
Section 33 (1) (d), being an offence	report late for detention period
specified in clause 39 (1) (u) of this Regulation

report at wrong prisorn/place of

Section 33 (1 ) (d), being an offence

specified in clause 39 (1) (v) of this Regulation	work outside prison
Section 33 (1) (e)	disobey rule
Section 33 (1) (e)	disobey instruction given under section 10 (4)

Periodic Detention of Prisoners Amendment (Penalty Notice Offences) Regulation 1998

Schedule 1 Amendments

Column 1 Column 2

Offence	Prescribed expression
Section 33 (1) (e)	disobey direction given under section 22
Offences under Prisons
(General) Regulation 1995 as

adopted under clause 39 (2) of

this Regulation

Clause 35 (Possession and	possess unauthorised money/article
confiscation of unauthorised
property)
Clause 154 (2) (Behaviour of	expose self obscenely
prisoners)
Clause 154 (3) (Behaviour of	behave in an obscene manner
prisoners)	otherwise than by exposure
Clause 155 (Obstruction of prison	hinder or obstruct prison officer in
officers)	performance of duties
Clause 156 (Fighting or other	engage in wrestling/sparring/fighting/
physical combat)	physical combat with another prisoner
Clause 157 (Assaults)	assault another person

incite participation in riot

Clause 158 ( I ) (Riots)
Clause 158 (2) (Riots)	participate in riot
Clause 159 (Injuring animals)	maim/wound/cruelly ill-treat animal
Clause 161 (Throwing articles)	throw article/cause article to be projected so as to risk injury to person/property damage
Clause 163 (Stealing)	steal property
Clause 164 (Tampering with food or	render food unpalatable/
drink)	unwholesome
Clause 165 (Tattooing prohibited)	tattoo self/another prisoner/consent to being tattooed by another prisoner

Periodic Detention of Prisoners Amendment (Penalty Notice Offences) Regulation 1998

Amendments Schedule 1

Column 1	Column 2
Offence	Prescribed expression
Clause 168A (Smoking by prisoners	smoke in non-smoking area/alter/
in non-smoking areas of prisons	damage/remove sign or notice
prohibited)	relating to non-smoking area/ authorised smoking area

Clause 169 (a) (Bribery prohib	ted)	make officer/temporary employee payment/give officer/temporary employee gratuity/present to neglect duty/give preferred treatment
Clause 169 (a) (Bribery prohib	ted)	offer officer/temporary employee
payment/gratuity/present to neglect
duty/give preferred treatment

Clause 169 (b) (Bribery prohibited)	offer officer/temporary employee service/provide officer/temporary
give preferred treatment
employee service to neglect duty/