Prisons Act of 1958 (7 Eliz Ii No. 64) (Qld)

556 PRISONS. Prisons Act. 7 E liz . II. No. 64, 7 NEOL. IZ6. 4I. I. An Act to Consolidate and Amend the Law relating T he P risons to Prisons and the Custody of Prisoners. A ct of 1958. [A ssented to 16 th D ecember , 1958.] B E it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legis­ lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:— P art I.— P reliminary . P art I.— P reliminary . Short title. 1. (1.) This Act may be cited as “ The Prisons Act of 1958.” Commence­ *(2.) Except as herein otherwise provided, this ment. Act shall come into operation on a date to be fixed by the Governor in Council by Proclamation published in the Gazette. Parts of Act. 2. This Act is divided into Parts as follows:— P art I. —P reliminary ; P art II. —P owers of the G overnor in . C ouncil ; P art III. — P owers and D uties of the C omptroller -G eneral of P risons ; P art IV. —T he L aw of P risons ; P art V. —T he D iscipline of P risons i P art VI. —G eneral . Repeals and 3. t" The Prisons Acts, 1890 to 1945,” $“ The savings. Removal of PrisonersAct of 1853,” and §“ The Walking to Prison Act of 1852,” (herein referred to as “ the repealed Acts ”) are repealed : Provided that, but without limiting the operation of ||“ The Acts Interpretation Acts, 1954 to 1957,”— (i.) Unless otherwise expressly provided, every Proclamation, regulation, rule, order, or other act of authority made, issued, or done under the repealed Acts and subsisting immediately prior to the commencement of this Act shall, subject as hereinafter provided and so far* * * § * Commenced 23 Mar., 1959. (Proc. pubd. Gaz. 14 Mar., 1959, p. 1580). f 54 V. No. 17 and amending Acts. t 17 V. No. 1. § 16 V. No. 31. [| 3 Eliz. 2 No. 3 and amending Act.

1958. PRISONS. Prisons Act. 557 P art I.— P reliminary . as is consistent with this Act, continue, for the purposes of this Act, in force as fully and effectually as if it had originated under the corresponding provisions of this Act (and shall, where necessary, be deemed to have so originated) until it expires by effluxion of time or is repealed, amended, or otherwise modified, revoked, or cancelled finder this Act: Provided that every such Proclamation, regulation, rule, order, or other act of authority shall be read and construed subject to this Act; (ii.) For the purposes of this Act the several prisons specified in Schedule I. to this Act, and all police gaols being respectively prisons and police gaols, and police gaols under and within the meaning of the repealed Acts and existing immediately prior to the commencement of this Act, shall be deemed to have been proclaimed under this Act and shall continue in existence as, and shall under the same names be, prisons and police gaols respectively under and for the pfirposes of this Act and shall be subject to this Act accordingly; (iii.) All penalties and forfeitures imposed under the repealed Acts and not recovered at the commencement of this Act may be enforced and applied as if this Act had not come into operation; (iv.) All inquiries, matters, and proceedings of whatever nature under the repealed Acts commenced or pending at the commencement of this Act may be carried on and completed as if this Act had not come into operation and no such inquiry, matter, or proceeding shall abate or be discontinued or prejudicially affected by anything contained in this Act; (v.) The Comptroller-General of Prisons, all other officers appointed under *“ The Public Service Acts, 1922 to 1958,” for the purposes of the administration of the repealed Acts and in office at the commencement of this Act shall * 13 G. 6 No. 31 and amending Acts.

558 P art I.— P reliminary . PRISONS. Prisons Act. 7 E liz . II. No. 64, be deemed to have been appointed to their respective offices under *“ The Public Service Acts, 1922 to 1958,” for the purposes of the administration of this Act and, subject to *“The Public Service Acts, 1922 to 1958,” and this Act, shall continue to hold those offices respectively without further or other appointment; (vi.) The designations of the positions of the officers mentioned in paragraph (v.) of this proviso who were in office at the commencement of this Act as chief warder and warder respectively are hereby changed to chief prison officer and prison officer ; (vii.) References in any other Act to a chief warder or warder shall be read as referring respectively to a chief prison officer or a prison officer. Meaning of 4. In this Act, unless the context otherwise terms. indicates or requires, the following terms shall have the meanings set against them respectively, that is to say— Chaplain, “ Chaplain ”-—In relation to any prison, any minister of religion or accredited representative of any religious denomination appointed a chaplain thereto ; Comptroller- General. “ Comptroller-General ”—The Comptroller- General of Prisons appointed under *“ The Public Service Acts, 1922 to 1958,” for the time being holding that office ; Criminal prisoner. “ Criminal prisoner ”—Any prisoner sentenced to imprisonment for an indictable offence, and whether so sentenced upon conviction upon indictment or on summary conviction; Deputy Comptroller- General. “ Deputy Comptroller-General ”—The Deputy Comptroller-General of Prisons appointed under *“ The Public Service Acts, 1922 to 1958,” for the time being holding that office ; Deputy Super­ intendent, ** Deputy Superintendent ”—In relation to any prison, the officer appointed to be the Deputy Superintendent thereof under *“ The Public Service Acts, 1922 to 1958,” for the time being * 13 G. 5 No. 31 and amending Acts.

1958. PRISONS. Prisons Act. 559 P art I.— P reliminary . holding that office, and includes any person occupying or performing for the time being the duties of the office of Deputy Superintendent of the prison; “Medical officer” — In relation to any prison, Medical the legally qualified medical practitionerofflcer- appointed under this Act to be the medical officer therefor: The term includes any legally qualified medical practitioner who performs for the time being the duties of such office; “ Minister ”—The Minister for Justice and Minister. Attorney-General or other Minister of the Crown for the time being charged with the administration of this Act; “ Police gaol ”—Any lock-up or watchhouse Police gaol, proclaimed or deemed to be proclaimed under this Act as such; “ Prison ”—Any prison or police gaol proclaimed, Prison, or deemed to be proclaimed under this Act as such, and any place or land proclaimed under this Act to be or to be included in a prison : In relation to any particular prison the term includes any land, whether contiguous thereto or not, prescribed by the Proclamation proclaiming that prison as such or by a separate Proclamation to be included therein; “ Prison officer ”—Any officer appointed under Prison *“ The Public Service Acts, 1922 to 1958,” to offioer‘ be a prison officer and without limit to the generality of this definition, includes in relation to any prison the holders respectively, appointed under *“ The Public Service Acts, 1922 to 1958,” to the following positions namely, superintendent, deputy superintendent, matron, assistant matron, nurse, or medical orderly : The term does not include the Comptroller-General or the Deputy Comptroller-General; “ Prison service ”—The officers for the time being Prison appointed under *“ The Public Service Acts, 90rvlce- 1922 to 1958,” for the purposes of the administration of this Act; * 13 G. 5 No. 31 and amending Acts.

560 P art I.— P reliminary . PRISONS. Prisons Act. 7 E liz . II. No. 64, Prisoner. “ Prisoner ”—Includes any person detained in custody in any prison irrespective of the cause of such detention ; Sheriff. “Sheriff”—The Sheriff of. Queensland, the Central Sheriff, the Northern Sheriff, or any deputy sheriff appointed under or pursuant to *“The Supreme Court Acts, 1861 to 1958 ” ; Super­ intendent. “ Superintendent ”—In relation to any prison, the officer appointed to be the Superintendent in charge of the prison, and includes any person occupying or performing for the time being the duties of the office of Superintendent of the prison; Under Secretary. “ Under Secretary ”—The Permanent Head of the Department administered by the Minister; Visiting justice. P art II.— P owers of the G overnor in C ouncil . “ Visiting justice ”—In relation to any prison, the justice of the peace appointed to be the visiting justice thereto: The term includes any justice of the peace who performs for the time being the duties of such office. P art II.— P owers of the G overnor in C ouncil . Establish­ 5. (1.) The Governor in Council may by pmreisnotnos, f &c. Proclamation— (a) Declare any building, premises, place, farm, or land to be a prison. (b) Declare that any prison shall cease to be a prison, and direct the removal of the prisoners confined therein to the other prison named in the Proclamation ; (c) Direct that any prison or any part of a prison shall be set apart and used for the confinement of female prisoners only ; (d) Direct that any prison or any part of a prison shall be set apart and used for the confinement of habitual criminals, sexual offenders, prisoners requiring any specialised form of medical treatment, or prisoners included in any other class of prisoners specified in the Proclamation; (e) Subject to the Comptroller-General certifying that any lock-up or watchhouse is fit for the reception and confinement of prisoners whose * 25 V. No. 13 and amending Acts.

1958. PRISONS. Prisons Act. 561 PABT II.— P0WBR8 0FTHB G overnor in C ouncil . sentences do not exceed one month, declare that lock-up or watchhouse to be a police gaol; (/) Include in any prison any farm or land, whether contiguous thereto or not; (g) Exclude from any prison any part thereof and declare either that the part so excluded shall cease to be a prison or that the same shall be a separate prison ; (h) Assign a name to any prison or alter the name of any prison ; (i) Define the limits of any prison or of any part of any prison by reference to the metes and bounds or the survey description of the ' land appurtenant to the prison or part of a prison in question, or in any other manner sufficient in the opinion of the Governor in Council to identify the same. (2.) The power to make a Proclamation under subsection one of this section shall include power to make (with respect to all or any of the matters specified in that subsection) such one or more Proclamations, either at the same time or from time to time, as the Governor in Council deems necessary or expedient in the circumstances.6 time— 6. The Governor in Council may from time to maCnoadninstternuactnicoen (а) Cause to be constructed all such buildings of prisons. and other structures as he deems necessary or expedient for the purpose of establishing any new prison, or of rebuilding, enlarging, or altering any subsisting prison ; (б) Cause to be re-constructed or added to any building or other structure comprised in any prison and for that purpose demolish, in whole or in part, any existing building or other structure ; and (c) Cause to be demolished any building or other structure comprised in any prison which he deems to be no longer required for the purposes of that prison, and may cause to be done and taken from time to time all such things and steps as are in his opinion necessary or expedient to effect any of the foregoing provisions of

562 PRISONS. P art II.— P owers of the G overnor in C ouncil . Prisons Act. 7 E liz . II. No. 64, this subsection or to maintain and keep in repair any prison or any building or other structure comprised in any prison. Regulations. 7. (1.) The Governor in Council may from time to time make regulations, not inconsistent with this Aot, prescribing all matters or things which by this Act are required or permitted to be prescribed (save any matter or thing which is required to be prescribed otherwise than by regulation) or which are necessary or convenient to be prescribed for giving effect to this Act. Without limiting the generality of the foregoing provisions of this subsection, regulations may be made for or in respect of all or any of the following purposes, matters, and things :— (а) Providing for the safe custody, discipline, classification, individual separation, and punishment of prisoners ; (б) Regulating their hours of labour and mode of employment, and rate of remuneration, and either by way of, gratuity, or bonus, or other form of remuneration ; (c) Providing for religious ministrations and divine services in prisons ; (d) Granting or withholding indulgences to or from prisoners; (e) Regulating the remission or mitigation of sentences for good conduct and industry; (/) Visiting of prisoners by friends, relatives, or other persons; (g) Permitting expenditure of any earnings by prisoners; ( h ) Supplying of any medical, dental, or optical services to prisoners; (*) Educational and vocational training of prisoners; (j) Provision of suitable diet and ration scales for prisoners; (k) Treatment and employment of prisoners declared to be habitual criminals or detained during Her Majesty’s pleasure or for preventive or corrective detention;

1958. PRISONS. Prisons Act. 563 ■ P art II.— P owers op the G overnor in C ouncil . (l) Directing the whole or part of any bonus or other remuneration earned by any prisoner to be paid to a clerk of petty sessions in satisfaction of any order made under *“ The Maintenance Acts, 1949 to 1954,” (or similar Act); (m) Regulating and controlling the entry by the public within the limits specified in the regulation of any tidal waters abutting upon any prison; (n) Prescribing the amount of any penalty for any offence committed by a person other than a prisoner against any regulation, provided that any such penalty shall not exceed one hundred pounds ; (o) Regulating the selection, appointment, promotion, punishment, and dismissal of officers, and providing for the appointment of an officer to act for another; (p) Providing generally for the management and good government of prisons and the prisoners confined therein. (2.) The power to make any regulation under this Act shall include power thereby to prohibit or restrict either generally or to meet particular cases. 8. (1.) The Governor in Council may from timeAPPoint- to time appoint under and for the purposes of this Act — comptroiier- (a) A Comptroller-General of Prisons ; and Deputyand (b) If he deems it desirable to do so for the more G°nera™Uer effectual execution of this Act, a Deputy a' Comptroller-General of Prisons. (2.) A notification of every appointment to which this section applies shall be published in the Gazette. Every such notification shall be judicially noticed and shall be sufficient proof of the appointment, in terms thereof, of the person named therein. 9. (1.) No appointment shall be made to the Appoint- prison service unless and until the Public Service £^nof Commissioner is satisfied by the certificate of Sb officers. Government Medical Officer that the appointee is of * 13 G. 6 No. 53 and amending Act.

564 PKISONS. P art II.—- P owers of the G overnor in C ouncil . Prisons Act. 7 E liz . II. No. 64, sound bodily and mental health and exhibits no symptoms of any disease likely to shorten life or render him incapable of performing the duties of the office in question. (2.) No appointment to the prison service shall be made unless and until the applicant passes an examination pertaining to a standard of education. No appointment to a permanent position in the service or a promotion of a prison officer to a rank not higher than that of Chief Prison Officer shall be made unless and until the applicant passes an examination as to the duties of his office and such higher standard of education as may be required: Provided that any applicant for appointment may be exempted by the Public Service Commissioner on his being satisfied that the applicant has the required standard of education. (3.) A notification of every appointment to the position of and above that of first-class prison officer shall be published in the Gazette. Every such notification shall be judicially noticed and shall be sufficient evidence of the appointment in terms thereof, of the person named therein. Medical officers* 10. (1.) The Governor in Council may from time to time appoint to any prison such and so many medical officers as he deems necessary for the proper management and control of the prison and the effectual execution of this Act in relation thereto. (2.) Every medical officer shall have and exercise with respect to the prison to which he is appointed, all such powers and duties as may be prescribed. Other qualified officers. 11. (1.) Subject to this section the Governor in Council may from time to time appoint to any prison such and so many psychiatrists, psychologists, dentists, chemists, medical orderlies, nurses and such other persons having professional or skilled trade qualifications as he deems necessary for the proper management and control of the prison and the effectual administration of this Act in relation thereto. (2.) Every appointee as a psychiatrist shall be a legally qualified medical practitioner and shall have such further qualifications, if any, as are imposed by law with respect to the practice of psychiatry.

PRISONS. 565 1958. Prisons Act. P art II.— P owers of the G overnor in C ouncil . Every appointee as a psychologist, dentist, chemist, medical orderly or nurse (whether in the case of a medical orderly or nurse, appointed under this section or under *“ The Public Service Acts, 1922 to 1958”) shall have such qualifications as are imposed by law with respect to the practice of those callings respectively. (3.) The duties of appointees appointed under this section shall be as prescribed, and every such appointee shall be subject in every respect to the provisions of this Act (including any regulations and rules hereunder) which apply to the prison whereto he is appointed at all times during which he is within that prison. 12. (1.) The Governor in Council may from time visiting to time appoint to any prison a visiting justice. justice. Every such appointee shall be a justice of the peace. (2.) Every visiting justice shall have and exercise with respect to the prison to which he is appointed all such powers and duties as may be prescribed. 13. (1.) The Under Secretary may, upon the chaplains, recommendation of the Comptroller-General, authorise any minister of religion or accredited representative of any religious denomination to be a chaplain to any prison. (2.) Every chaplain shall have and exercise with respect to the prison in relation to which he is authorised as such all such privileges and duties as are prescribed by the regulations. 14. The Governor in Council may order the May order discharge from prison of any person who is imprisoned oertl?n8e °f for non-payment of money or for contempt of court prisoners, or in default of finding sureties to keep the peace or to be of good behaviour, and of any person who is imprisoned for non-payment of any sum of money imposed as a penalty or forfeiture under any law now or hereafter in force, the payment whereof, or any part whereof, may be remitted by the Governor in Council under any law or regulation now or hereafter in force. * 13 G. 5 No. 31 and amending Acte.

566 PRISONS. Prisons Act. 7 E liz . II. No. 64, P art III.— P owers and D uties of the C omptroller - G eneral of P risons . P art III.— P owers and D uties of the C omptroller -G eneral of P risons . Powers, 15. Subject to this Act and subject to the direction faunndctdiuontises of the Minister, the Comptroller-General shall have of the care, direction, control and management of all CGoemneprtarlo. ller- prisons and in particular— (а) He shall be responsible for ensuring the employment of all prisoners, save those bodily or mentally incapacitated, at useful labour and for that purpose may from time to time give such directions, either generally or in respect of particular cases, as he deems necessary or convenient; (б) He shall frequently, but at uncertain intervals, visit and inspect all prisons save police gaols, and he may visit and inspect police gaols as he deems fit: Provided that he shall visit and inspect every prison at least once in every period of a year ; (c) When visiting and inspecting any prison, he may hear all applications by prison officers and inquire into all complaints respecting the conduct of prison officers and other persons charged under this Act with duties in relation to the prison, or alleging any abuses in relation to the control and management of the prison or alleging any wrongful act or omission respecting the enforcement in relation to the prison of any provision of this Act. Further 16. (1.) The Comptroller-General shall have pfduounwtcieetrisosonafsn, d raeumthoovrailtyoftaonydiprreicsto,nearn— d may accordingly order, the Comptroller- General. (i.) From one prison to another where he deems such removal necessary or expedient for the administration of either prison or for the employment in useful labour, training, or rehabilitation of the prisoner concerned; or (ii.) From any prison to any hospital, clinic, dental hospital, mental hospital, or surgery where a medical officer or dentist satisfies him that such removal is required for the medical, optical, or dental treatment, observation, or examination of the prisoner concerned; (iii.) In the event of a contagious or infectious disease breaking out in any prison, from that prison to another prison j

PRISONS. 567 1958. Prisons Act. P art III.— P owers and D uties of the C omptroller - G eneral of (iv.) Upon any prison ceasing to be such pursuant PRIS0NS to the Governor in Council so proclaiming under this Act, from that prison to any other prison; (v.) From one prison to another, as deemed by him necessary or expedient to enable the prison wherefrom the prisoner is removed or any building or other structure comprised therein to be altered, enlarged, added to, or rebuilt; (vi.) From any prison to any court or other place to stand trial, or to answer, defend, or appear on any charge or complaint, or to appear as a party or witness in any action, suit, or other proceeding; (vii.) From any prison to any place not ft prison specified in the order. (2.) For securing the safe custody of any prisoner while outside any prison pursuant to an order under subsection one of this section, the Comptroller-General may require such and so many prison officers or members of the Police Force as he deems necessary or expedient to have that prisoner in charge at all times during which he is outside any prison, and the Commissioner of Police on the application of the Comptroller-General shall make members of the Police Force available accordingly. (3.) He shall, within one month after giving any order under this section, make to the Minister a report in writing setting out particulars of the order and the causes for the giving thereof. (4.) The Comptroller-General shall, as soon as practicable after the last day of June in each year, make and deliver to the Minister a report upon the state and condition of all prisons throughout the State, and upon all matters affecting their management, including accommodation, and shall make therein such observations and recommendations as he deems fit. 17. (1.) During any absence from duty, suspension Acting from office, or vacancy in the office of the Comptroller- General er General— (a) The Deputy Comptroller-General; or

568 PRISONS. P art III.— P owers and D uties of the C omptroller - G eneral of P risons . Prisons Act. 7 E liz . II. No. 64, (6) If there is no Deputy Comptroller-General then in office or the then holder of that office is for any reason incapable of acting, the Superintendent of the Brisbane Prison shall act temporarily as the Comptroller-General, and while so acting shall have, exercise and perform all the powers, duties, and functions of the Comptroller- General. (2.) The fact that the Deputy Comptroller-General or the Superintendent of the Brisbane Prison has exercised or performed any power, function, or duty of the Comptroller-General shall, until the contrary is proved, be conclusive evidence that the Deputy Comptroller-General or, as the case may be, Superintendent, of the Brisbane Prison lawfully exercised or performed that power, function, or duty. P art IV.— T he L aw of P risons . P abt IV.—T he L aw op P risons . Discipline 18. (1.) As far as practicable and as may be manadnagement considered necessary there shall be provided in every of prisoners. prison— (а) A separate cell for each male prisoner, provided that limited dormitory or communal accommodation may be provided as a means to rehabilitation; (б) Punishment cells, separated, if possible, from ordinary cells, for the confinement of prisoners undergoing detention or punishment for prison offences or loss of privileges; (c) A separate section for the imprisonment of women in such a manner as will prevent male and female prisoners from seeing or conversing with each other or having any communication with each other whatever. Dormitory accommodation for female prisoners may be provided at the discretion of the Comptroller-General; (d) A separate section for such prisoners as the medical officer may consider require to be kept away from the environment of any ordinary prison for the purpose of medical or mental treatment or rehabilitation or for the isolation and treatment of any prisoner suffering for any contagious disease ;

1958. PRISONS. Prisons Act . 569 P art IV.— T he law of P risons . (e) A separate section or sections where youthful prisoners under twenty-five years of age may be kept apart from older prisoners; (/) A separate section where troublesome prisoners after having served cellular punishment or detention may be kept apart from all other prisoners for such period as may be considered necessary; (g) A sick bay for such prisoners as may be ordered medical attention by a medical officer; (h) A separate section to enable classification of prisoners according to age groups, types of offences, and previous criminal history ; (i) A separate section to enable segregation of prisoners such as deportees, unconvicted prisoners, or remand prisoners from convicted prisoners ; (j) A separate section for detention of prisoners under seventeen years who may be confined to prison for any cause. (2.) No cell shall be used for the confinement of a prisoner under punishment unless the Comptroller- General is satisfied that it is furnished with means of enabling the prisoner to communicate at any time with a prison officer and the medical officer is satisfied that it can be used as a punishment cell without detriment to the health of the prisoner. 19. (1.) Save as otherwise provided by this Act, where every prisoner, including every criminal prisoner, and t^be"6” every person sentenced or detained or liable to be confined, imprisoned or detained in custody, shall diming the term of his sentence or the period of his detention, as the case may be, be imprisoned, detained, kept, and maintained in some prison. (2.) Where the term of the sentence or the period of detention does not exceed one month, the prisoner may be imprisoned, detained, kept, and maintained in a police gaol: Provided that a prisoner the term or period of whose sentence or detention exceeds one month shall not be confined in a police gaol save for such period as may elapse before he can be conveniently conveyed to some prison which is not a police gaol.

570 P art iy .— T he L aw of P risons . PRISONS. Prisons Act. 7 E liz . II. No. 64, (3.) Every prisoner confined in a prison shall be deemed to be in the legal custody of the Superintendent thereof. When prisoner in legal custody. 20. (1.) A prisoner shall be deemed to be in legal custody whenever— (а) He is being taken to or from, or is confined in, any prison in which he may be lawfully confined; or (б) He is working outside, or is otherwise beyond the walls of, any such prison in the custody or under the control of a prison officer or member of the Police Force; or (c) He is outside any prison in the custody or under the control of any prison officer or member of the Police Force by virtue of an order made by any Judge of the Supreme Court or the Comptroller-General under this Act. (2.) Any prisoner to whom paragraph (c) of subsection one of this section applies shall be deemed to remain in the legal custody of the Superintendent of the prison from which he was removed, pursuant to the order of the Judge of the Supreme Court or Comptroller-General, at all times while he is outside that prison and until he is returned thereto or, if the order is for his removal to another prison, he is received into custody by the Superintendent of that other prison. caConondmvemyiatntacle priso2ne1r. to( 1. o)r Tinheanycopmrimsointt,alif ootrheriwmipsreisvoanlmide, nsthalolfnoat to prison. be illegal by reason of the fact that such prisoner may have been committed to or imprisoned in some other prison. (2.) Any member of the Police Force or other person acting under the order of any justice of the peace, having power to commit a prisoner to prison, may convey the prisoner to or from a prison. Classifica­ tion of prisoners. 22. (1.) So far as is practicable prisoners, including unconvicted prisoners, appellants, prisoners on remand, and prisoners of age group below the age of twenty-five years, shall be classified in accordance with the classifications set out in the regulations, and appropriate treatment or labour shall be provided for prisoners of the various classifications.

1958. PRISONS. Prisons Act. 571 P art IV.— T he L aw op P risons . (2.) Every prisoner shall be liable to be photographed Photo- and have his fingerprints taken and any other personal fndPfii!ger- particulars obtained and recorded for official purposes, printing. 23. (1.) On reception into prison every prisoner Property shall surrender to the Superintendent of the prison allof Prlsoners- property, including money, in his possession. Such property shall be recorded and kept in safe custody and retained by the Superintendent and returned to the prisoner on his release from prison. (2.) Upon the request in writing of a prisoner the Comptroller-General or, if the value or amount of the property or money the subject of the request exceeds fifty pounds, the Under Secretary may permit the prisoner to transfer or deliver any of his property or money to the person named in the request. This subsection applies subject to *“ The Public Curator Acts, 1915 to 1957.” (3.) If any unconvicted prisoner requires any property, books, or documents for the purpose of his defence, or any convicted prisoner requires any property for the purpose of an appeal, he shall make a request to the Superintendent who may allow the prisoner to retain the property until after determination of his case or appeal. No responsibility shall rest with the Superintendent for the safety of any property released to a prisoner on request. (4.) No unconvicted prisoner or prisoner on remand or awaiting trial shall be permitted to transfer or deliver any of his property, including money, to any person without the request in writing of the prisoner and the consent of the Comptroller-General or, if the value or amount of the property or money exceeds fifty pounds, the Under Secretary. 24. No person except a Minister of the Crown* visitors to Judge of the Supreme Court, the Comptroller-General*pnsons' the Sheriff, a Stipendiary Magistrate, the Visiting Surgeon, or the Visiting Justice, shall, under any pretence whatever, be permitted to enter any prison, and converse with a prisoner, without a written order from the Minister or the Comptroller-General, or the Superintendent, and then only in accordance with the rules of the prison. * 6 G. 5 No. 14 and amending Acts.

572 P art IV.— T he L aw of P risons . PRISONS. Prisons Act. 7 E liz . II. No. 64, Tests for 25. Where the medical officer considers it necessary malingering. to apply any painful test to a prisoner to detect malingering, or otherwise, the test shall only be applied by authority of an order from the visiting justice, or the Comptroller-General, and shall be carried out in the presence of the Superintendent or the visiting justice. Provision for calculation of term of sentence. 26. Notwithstanding anything in this Act or in any ride of law or practice, every sentence shall be calculated to commence as from the time such sentence was imposed, exclusive of any time during which the execution of the sentence was suspended by reason of appeal, release on bail, question of law, reserved case, or any other cause, and any such sentence shall recommence as from such time as a person is again taken into custody or surrenders himself on abandonment of appeal or for other reason unless the prisoner concerned remains in prison at all times and makes application in writing to the Comptroller-General to be treated as an ordinary prisoner serving a sentence, and not as an appellant, during such time as may elapse before the determination of any appeal or other cause by reason of which any sentence may be varied. Provisions respecting 27. (1.) Any prisoner confined in a prison, whose discharge term of imprisonment would according to his sentence from prison, expire on any Sunday, shall be entitled to his discharge at noon on the Saturday next preceding such Sunday, and the Superintendent of every prison having custody of any such prisoner is hereby required and authorised to discharge the prisoner accordingly. (2.) The Comptroller-General may order the discharge of any prisoner who is serving a sentence of twelve months or upwards at any time within seven days next immediately preceding the day upon which the prisoner would have been entitled to his discharge under the regulations applicable to the discharge of such prisoner. (3.) The Comptroller-General may authorise the discharge of any prisoner who is serving a sentence of less than twelve months’ imprisonment at any time within twenty-four hours preceding the time at which his sentence would otherwise have terminated.

1958. PRISONS. Prisons Act. 573 pam iv .— T he L aw of P risons . (4.) The Comptroller-General may, upon application in writing in that behalf made by a prisoner, permit the prisoner to remain in prison for the night, or until he is able to leave the prison, after his discharge. 28. (1.) Notice of the death of every prisoner who Death of dies in any prison shall be given forthwith by theprlsoner' Superintendent to the Comptroller-General and the visiting justice, and the Comptroller-General shall thereupon, in writing, notify a coroner, who is not a visiting justice to that prison, of such death. In case of emergency the visiting justice may notify a coroner of such death. (2.) Upon production to him of a coroner’s order for the burial of the body, or a coroner’s certificate for the cremation of the body, of a prisoner who has died in any prison, and upon application in that behalf made to him in writing, the Comptroller-General may release the body to a relative or friend of the deceased prisoner or to any body or association of persons publicly recognised as having for an object the welfare of prisoners or ex-prisoners. Nothing in this section shall require the Comptroller- General to hold a body for longer than three days. (3.) If the body of a deceased prisoner is not claimed within three days by any application in writing as specified in subsection two of this section, the Comptroller- General shall, subject to the production to him of a coroner’s certificate for the burial of the body,— (а) Cause it to be buried by the Government Undertaker; or (б) In the case of a prisoner dying in prison while serving a sentence of imprisonment for life, at his discretion deliver the body to a person licensed under Part IX. of *“ The Medical Acts, 1939 to 1955,” to receive bodies for anatomical examination. (4.) The Government Undertaker shall inform the Comptroller-General of the name of the cemetery and number of the grave therein in which he buries the body of any prisoner who has died in prison, and the Comptroller-General shall enter and keep in the records of his office all such information so furnished to him. * 3 G. 6 No. 10 and amending Acts.

574 P art IV.— T he L aw of P risons . PEISONS. Prisons Act. 7 E liz . II. No. 64, Prison calendar. 29. The Superintendent of any prison shall make out in duplicate a list or calendar of all prisoners confined in that prison who are to be tried or dealt with at any sittings of the Supreme Court or a Circuit Court and shall send the same in duplicate to the registrar or district registrar of the Supreme Court at the place where the sittings is to be held. Such registrar or district registrar shall add to the list or calendar all other persons who are tried or dealt with at the sittings in question. The registrar or district registrar shall, according to the place at which the sittings is held, deliver one copy of the fist or calendar to the Sheriff1 of Queensland, the Northern Sheriff, the Central Sheriff, or the Deputy Sheriff. A short memorandum of the verdict and of the judgment, if any, pronounced upon every prisoner and other person named therein shall be entered in such list or calendar. Such list or calendar shall be sufficient warrant for the execution of the judgments thereby appearing to have been pronounced, and one copy thereof shall be retained in the registry of the Supreme Court or Circuit Court at the place where the sittings is held, and the other copy thereof shall be delivered to the Comptroller- General. Hard labour. 30. (1.) Hard labour for the purposes of this Act shall mean any manual, industrial or trade labour of the type performed in the community and as may from time to time be determined by the Comptroller-General. Adequate means for enforcement of hard labour shall be provided in every prison. (2.) The Comptroller-General or Superintendent of any prison may order any prisoner sentenced to imprisonment without hard labour to be placed at any work as may be considered necessary and for which provision is made at the prison in question: Provided always that such prisoner is capable of performing the work so allotted. Judge’s order to examine prisoner. 31. In any case in which it was heretofore the practice to issue a writ of habeas corpus ad testificandum or a writ of habeas corpus ad respondendum , it shall be lawful for any Judge of the Supreme Court, whether as

PEISONS. ------------------------------------------------------------------------------------------------------------ ---------------------- 1958. Prisons Act. 575 P art IV.— of prisons . Judge of such Court or of any Circuit Court, to make an order under his hand directing any Superintendent to produce any prisoner for examination or trial or for such other purpose, and at such time and place as may be mentioned in such order, or, whilst sitting in open court, without any written order, to direct the Superintendent to produce any prisoner before such Judge for examination, trial, or other purpose, and such order or direction shall be sufficient warrant or authority to any Superintendent for producing such prisoner. P art V.— T he D iscipline of P risons . P art v .— T he D m i s s c c i i ™ pline OF PPR r I i S s t ons . 32. (1.) Every prisoner commits an offence against offences discipline who— SSSpL (a) Disobeys, or refuses to obey, any lawful order of any prison officer, or disobeys, or fails to comply with any regulation or any rule of the prison; ( b) Is idle, careless, or negligent at work, refuses to work or wilfully mismanages his work ; (c) Uses or writes obscene, insolent, insulting, threatening, profane, indecent, or abusive words or is insolent to the visiting justice or the medical officer; ( d ) Behaves in an offensive, threatening, insolent, insulting, disorderly, obscene, or indecent manner; (e) Behaves irreverently at or during Divine service or prayer; (/) Writes, sends, or has in his possession, any unauthorised letter, writing, newspaper, or document of any kind whatsoever ; (g) Leaves his cell or place of work or other appointed place without permission of a prison officer; (h) Without the approval of the Comptroller- General or Superintendent, has in his cell or in his possession any article not issued to him by the Superintendent or gives to, or receives from any person, any such article or attempts to obtain any such article;

576 PART V.— o D fis P cripisloinnes . PRISONS. Prisons Act. 7 E liz . II. No. 64, (») Makes any groundless or frivolous complaint; (j) Makes any unauthorised noise in the prison, or in his eell, by any means whatsoever, or conducts himself in any other disorderly manner; (k) Inflicts injury upon himself or counsels or procures another to do so, or prevents any injury or sore from healing; (l) Wilfully damages, destroys, or disfigures any part of the prison or any property that is not his own; (m) Discolours or defaces the walls, doors, or roof of any part of the prison or writes or draws thereon any profane, indecent, obscene, or blasphemous, or abusive words or figures ; (n) Practises any kind of gaming; (o) Improperly cooks, barters, sells, or otherwise disposes of any prison food, rations, or indulgences; (p) Pretends to be sick ; ( q ) Commits any nuisance or in any other way* offends against good order and discipline of the prison; (r) Knowingly makes any false allegation against any officer, prisoner, or other person lawfully in the prison; (s) Refuses to submit to have his photograph, or fingerprints, measurements, or other identification characteristics taken. (2.) Every prisoner who attempts to commit any offence against discipline, or who aids, counsels, or procures the commission of any such offence, shall be liable to be dealt with and punished in the same manner as if he had committed that offence. (3.) The Superintendent shall have power to hear and determine any complaint relating to any offence against discipline alleged to have been committed by any prisoner (save such an offence in relation to the Superintendent himself) and may examine any person concerning the alleged offence, on oath or otherwise at his discretion.

1958. PRISONS. Prisons Act. 577 P art V.— D iscipline of P risons . (4.) The Superintendent— (а) Shall refer to the visiting justice any complaint relating to any offence against discipline alleged to have been committed by any prisoner in relation to the Superintendent himself; and (б) May refer to the visiting justice any complaint relating to a second or subsequent offence against discipline alleged to have been committed by any prisoner, and may do so whether or not the offence or offences committed prior to the alleged offence and the alleged offence are against the same or different provisions of subsection one of this section. 1 (5.) The visiting justice to a prison shall have power to hear and determine any complaint mentioned in subsection four of this section which is referred to him by the Superintendent of that prison, and may examine any person concerning the alleged offence, on oath or otherwise at his discretion. (6.) Every hearing and determination under this section by a Superintendent or visiting justice shall be in the presence and hearing of the prisoner charged with the offence, who shall be entitled to be heard and to cross-examine any witness. Every such hearing and determination shall be closed to the public. (7.) Where on a hearing under this section, the Superintendent finds the offence proved he may impose any one of the following penalties, namely :— (a) Confinement in a punishment cell, there to be kept on bread and water only, for not longer than three days; (b) Confinement in a punishment cell, there to be kept on half rations, for a period not longer than seven days; (c) Exclusion from work or leisure, or both, in association with other prisoners for a period not longer than fourteen days. (8.) Where on a hearing under this section, the visiting justice finds the offence proved he may sentence the prisoner to an additional term of imprisonment not T

578 P art V.— T he D iscipline of P risons . PRISONS. Prisons Act. 7 E liz . II. No. 64, exceeding three months or to be kept in solitary confinement on bread and water either continuously or at intervals for a period or periods aggregating not longer than seven days. (9.) Where a prisoner is sentenced to be confined in a punishment cell for a continuous period of four days or longer, the medical officer shall visit the prisoner at least twice whilst he is undergoing that sentence. (10.) Part IX. of *“The Justices Acts, 1886 to 1956,” shall not apply to hearings and determinations under this section by Superintendents and visiting justices, and neither the Supreme Court nor any Judge thereof shall have or exercise in respect of any such hearing or the decision of the Superintendent or visiting justice thereon any of the powers or jurisdiction which such Court or a Judge thereof possesses or can exercise upon certiorari, mandamus, prohibition or habeas corpus. (11.) For the purposes of paragraph (6) of subsection seven of this section, the term “ half rations ” means one-half of a non-working ration. Major offences. 33. (1.) Every prisoner who— (а) Escapes or attempts to escape from any prison or legal custody; or (б) Connives at the escape of, or attempted escape of, any prisoner; or (c) Assaults any prison officer or any other prisoner; or (d) Threatens to do any grievous bodily harm to any prisoner or prison officer; or (e) Makes, conceals, or has in his possession without authority, any tool, weapon, knife, key, implement, or other thing intended to effect, or capable of effecting, the escape of any prisoner, or effecting any unlawful purposes; or (/) Mutinies or takes part in any riot or tumult by prisoners; or (g) Individually or in concert with other prisoners, organises or attempts to organise, or takes part in any resistance or opposition to lawful authority in the prison; or * 50 V. No. 17 and amending Acts.

1958. PRISONS. Prisons Act. 579 P art V.— D iscipline op P risons . (h) Continues to make any noise or create any disturbance within the prison, and refuses to desist when ordered by a prison officer after being ordered to do so on two or more occasions; or (i) Commits any other act of gross insubordination, shall be guilty of an offence under this section! (2.) Every prisoner who attempts to commit any offence under this section, or who aids, counsels, or procures the commission of any such offence, shall be liable to be dealt with and punished in the same maimer as if he had committed that offence. (3.) Subject to this subsection every offence under this section shall be prosecuted in a summary way under *“ The Justices Acts, 1886 to 1956.” Every prison shall for the purpose of the hearing and determination of any complaint for an offence under this section alleged to have been committed therein, be deemed a place appointed for holding courts of petty sessions, and the complaint shall, notwithstanding the provisions of f“ The Justices Act Amendment Act of 1909,” be heard and determined by a court of petty sessions constituted by two justices, one of whom shall be a stipendiary magistrate, sitting within the prison in which the offence is alleged to have been committed : Provided that the complaint may, at the discretion of the Comptroller-General, be heard by a court of petty sessions constituted as aforesaid in any other prison or at any place appointed for holding courts of petty sessions wherein or whereat it is more convenient to hear and determine the complaint or the principal witnesses are. (4.) Every complaint of an offence under this section shall be heard and determined in the presence and hearing of the prisoner charged with the offence who shall be entitled to be heard and to call evidence and cross­ examine the witnesses for the complainant. This subsection applies so as not to limit or affect the power of the court to order the removal and proceed in the absence of the prisoner if he demeans himself * 50 V. No. 17 and amending Acts. t 9 E. 7 No. 11.

580 P art V.— D iscipline op P risons . PRISONS. Prisons Act. 7 E liz . II. No. 64, in so disorderly, riotous, or indecorous a manner before the court as to make it impossible to conduct the hearing with decency. (5.) Any prisoner guilty of an offence against any of the provisions of subsection one of this section shall be liable— (a) In the case of a first offence, to be sentenced to an additional term of imprisonment with hard labour not exceeding twelve months or to be kept in solitary confinement in a punishment cell on bread and water for a period not longer than seven days ; and (b) In the case of a second or subsequent offence, whether against the same or a different provision of subsection one of this section, to be sentenced to an additional term of imprisonment with hard labour not exceeding eighteen months, or to be kept in solitary confinement in a punishment cell, on bread and water, at intervals for periods no one of which shall exceed seven days and the aggregate whereof shall not be longer than fourteen days but so that a period of seven days shall elapse between each such period of confinement: Provided that a prisoner guilty of an offence under paragraph (a) of subsection one of this section in relation to a prison which is designated a State farm or in which any State farm is included, shall, in lieu of being punished as hereinbefore prescribed by this subsection, be liable to be sentenced to an additional term of imprisonment with hard labour of not less than twelve months and not exceeding eighteen months. (6.) The entry of the court’s determination in the conviction book shall be sufficient warrant to give effect to the execution of the sentence for the offence. (7.) The medical officer shall visit at least twice weekly any prisoner whilst he is undergoing a sentence of solitary confinement for an offence against subsection one of this section. (8.) Every sitting by a court of petty sessions within any prison for the purposes of this section shall be closed to the public.

PRISONS. --------------------------------------------------------------------------------------------------------------------------------- 1958. Prisons A.ct . 581 P art V.— discipline of P risons . (9.) The Superintendent shall be responsible for the safe custody of the record of proceedings of a court of petty sessions held in the prison pursuant to this section. 34-. Every additional term of imprisonment to Additional ^ w v jl lYTvnTison* which any prisoner is sentenced under this Act shall be ment to be cumulative upon any term or terms of imprisonmentcumulative- which the prisoner is then undergoing, or liable to undergo (including any other additional term of additional imprisonment to which the prisoner has been previously sentenced under this Act) and accordingly shall commence at the expiration of the term or terms of imprisonment which the prisoner is then undergoing, or liable to undergo. order35o.f CaorCpoourartl panudnisshhmalel nitnmnaoy cbaeseinbfelict i e d d m .m i . n ou i n . i slt 7 y . erbeyd j pC * uonrpisohrmalent. except in the presence of the medical officer, thi e visiting justice, and the Superintendent of the Prison in which the punishment is to be administered and upon the certificate of the medical officer that the person on whom the punishment is to be inflicted is physicallyy able to receive such punishment without danger to life or health. 36. (1.) In every prison a book known as the superin­ Superintendent’s Punishment Book shall be kept by the p^Shment Superintendent in his office in the prison. Brief Book, particulars of the date and substance of every complaint, the officer who prefers it, and the decision of the Superintendent including punishment, if any, awarded by the Superintendent, shall be entered in this book, but a record of any conviction of a minor offence in the Superintendent’s Punishment Book shall not be deemed to be a conviction for any purpose save the purposes of section thirty-two of this Act or any regulation or rule under this Act. (2.) The Superintendent’s Punishment Book shall be available for inspection by the visiting justice when required and his return of punishments shall be prepared from it. 37. (1.) A Justices’ Conviction Book shall be kept Justices’ in the office of the Superintendent in every prison. This B^k.ctlon book shall be in the form of Schedule II. to this Act [Schedule or to the like effect and shall contain the name of theII ] prisoner charged, the date of his appearance, particular

582 I'iitT V .— T he D iscipline of P risons . PRISONS. Prisons Act. 7 E liz . II. No. 64, and date of the act or omission charged, the signature of the officer who prefers the charge, the determination by the justices, and their signatures. (2.) The adjudicating justices shall cause to be entered in that book particulars of their adjudication on each charge and shall sign their names and the adjudication if so signed, if the prisoner be convicted, shall be deemed to be a conviction for any purposes whatsoever. (3.) The Justices’ Conviction Book, containing an entry of any conviction so signed, or a copy of the entry of any conviction therein, certified under the hand of the Superintendent to be a true copy of such entry, shall be sufficient proof of such conviction, and shall be received as evidence thereof in any court, or before any other tribunal having authority to receive evidence. Offences by persons other than prisoners. 38. (1.) Every person who, save under the authority of this Act or the authority of the Superintendent— (а) Brings or causes to be brought into a prison* or delivers or causes to be delivered to any prisoner, any liquor, tobacco, money, or letter, or any article or thing whatsoever; (б) Places or causes to be placed anywhere outside or inside a prison any liquor, tobacco, money, or letter or any article or thing whatsoever, with the intent that it should come into the possession of a prisoner ; (c) Takes or causes to be taken out of a prison any article or thing whatsoever on behalf of any prisoner ; (d) Communicates or attempts to communicate with any prisoner; (e) Photographs or attempts to photograph any prisoner or any area or thing inside a prison, or attempts to do anything hereinbefore specified in this subsection shall be guilty of an offence against this Act, and liable to imprisonment for a period not exceeding six months, or to a penalty not exceeding one hundred pounds, or to both such imprisonment and penalty.

1958. PRISONS. Prisons Act. 583 P art V.—■ T he D iscipline of P risons . (2.) Every person who without lawful authority, justification, or excuse— (a) Harbours in or about his house, land, or otherwise any prisoner illegally at large; ( b ) Rescues or takes out of custody, or attempts to rescue or take out of custody, any prisoner who is in the custody of any prison officer or person authorised to have the custody of such prisoner; (c) Brings into a prison any article capable of being used in effecting the escape of a prisoner, or brings into a prison any lethal weapon, explosive, drug or any article whatsoever which is capable of being applied to cause injury or damage to life or property, or attempts to do anything hereinbefore specified in this subsection shall be guilty of an offence against this Act and liable to imprisonment for a period not exceeding twelve months, or to a penalty not exceeding one hundred pounds, or to both such imprisonment and penalty. (3.) Every person who— (a) Save under the authority of this Act or the authority of the Superintendent, enters or attempts to enter a prison; or (b) Loiters or is found without lawful authority, justification or excuse, the proof of which shall be upon him, about any prison or place where prisoners are confined or employed, and refuses or neglects to depart therefrom after being warned by any member of the Police Force or by any prison officer, shall be guilty of an offence against this Act and liable to imprisonment for a period not exceeding six months, or to a penalty not exceeding one hundred pounds, or to both such imprisonment and penalty. (4.) Upon proof that a prison officer committed an act which constitutes an offence to which this section applies, the Court shall convict him for that offence unless it is satisfied that he committed that act with lawful authority, justification or excuse. (5.) Any prison officer convicted of an offence against any of the provisions of this section shall, additionally to being liable to be punished as prescribed by this section, forfeit his office.

584 P art V.— D iscipline op P risons . PRISONS. Prisons Act. 7 E liz . II. No. 64, (6.) Any member of the Police Force or prison officer may arrest without warrant any person whom he finds committing any offence against any of the provisions of this section or who he suspects on reasonable grounds has committed any such offence, and may keep or cause to be kept in safe custody any person so arrested until he can be brought before justices to be dealt with according to law. (7.) Any member of the Police Force or prison officer who has reason to suspect that an offence against any of the provisions of this section has been committed by any person may seize any article or thing in respect of which he has reason to suspect that the offence has been committed. For the purpose of seizing any photographic film he may temporarily take possession of the camera in which it is contained. Everything so seized under this section in respect of which any person is convicted of an offence against this section shall be forfeited to the Crown, unless the Court hearing the complaint against such person orders that it be returned to the person appearing to such Court to be entitled thereto. (8.) The Minister shall cause to be published in the Gazette and thereafter affixed in a conspicuous place outside every prison a notice setting forth the offences against this section and the penalties that may be incurred by persons committing any of those offences. (9.) Every offence against this section may be prosecuted in a summary way under *“ The Justices Acts, 1886 to 1958,” upon the complaint of any person thereunto authorised by the Comptroller-General. P art VI.— G eneral . P ast VI. —G eneral . Sseunmtemncaersy. exerc3is9in. gInsuamnymacraysejuirnisdwichtiicohn, jussetincteesnceof atnhye ppeerascoen to imprisonment for a period not exceeding fourteen days, they may direct the person so sentenced to be imprisoned in the nearest lock-up or watchhouse instead of in a prison. * 50 V. No. 17 and amending Acts.

1958. PRISONS. Prisons Act. 585 P art VI.— G eneral . 40. All actions against any officer acting under indemnity the provisions of this Act, for anything wrongfully done40 offloers- under or against the provisions of this Act, shall be commenced within three months after the matter complained of was committed, and not otherwise. Notice in writing of any action and of the cause thereof shall be given to the defendant one month at least before the commencement of the action. If judgment is given for the defendant, or the plaintiff becomes nonsuited or discontinues his action, the defendant shall recover from the plaintiff his full costs of action as between solicitor and client, and have the like remedy for the same as any defendant has by law against his plaintiff in similar cases. 41. Any writ, warrant, or other legal instrument Sufficiency shall be sufficiently addressed to the Superintendent of &c. a particular prison if it is addressed to the Superintendent ’ as such without naming him and describes the prison by its name or situation or in any other manners ufficiently identifying the same. 42. The Comptroller-General may pay or authorise Discretion- payment, from the moneys appropriated for the^mentg administration of this Act, to any prisoner on discharge who has insufficient means to maintain himself, of a sum of money not exceeding two pounds and may issue a rail warrant to the place of arrest or prospective place of employment. In cases where the Comptroller-General may consider it inadvisable to provide money he may authorise an approved institution to provide a discharged prisoner with three meals, the cost of which shall be paid out of moneys appropriated for the administration of this Act, provided that no prisoner on discharge shall be supplied with either money or meals more than three times in any one year. 43. Where a prisoner is on discharge totally oroompensa- partially incapacitated for work as the result of personal lic!n for injury arising out of or in the course of useful labourm]ury* performed by him during his sentence, the Governor in Council may cause to be paid to him such sum as the Governor in Council deems reasonable. Any payment under this section shall be made out of the moneys appropriated for the administration of this Act.

586 P art VI — G eneral . PRISONS. Prisons Act. 7 E liz . II. No. 64, Publication of Proclama­ tions, regulations, rules, &c. 44. (1.) Every Proclamation, regulation, or rule made under this Act shall— (i.) Be published in the Gazette ; (ii.) Upon its publication in the Gazette, be judicially noticed and such publication shall be conclusive evidence of the matters contained therein; (iii.) Take effect from the date of such publication, unless, in the case of any such regulation or rule, a later date is specified in that or any other regulation or ride for its commencement when in such event it shall take effect from that later date ; and (iv.) Be laid before Parliament within fourteen sitting days after such publication if Parliament is in session, and if not, then within fourteen sitting days after the commencement of the next session. (2.) If Parliament passes a resolution of which notice has been given at any time within fourteen sitting days after any such Proclamation, regulation, or rule has been laid before Parliament disallowing such Proclamation, regulation, or rule or part thereof, that Proclamation, regulation, or rule or part shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime or to the making of a further Proclamation, regulation, or ride, as the case may be. (3.) Any Proclamation, regulation, or rule under this Act may be made at any time after the passing hereof. S chedules . SCHEDULE I. [s. 3.] [The several prisons listed in this Schedule are deemed to have been proclaimed prisons for the purposes of this Act,] Her Majesty’s Prison, Brisbane, commonly called Brisbane Prison. Her Majesty’s Prison, Townsville, commonly called Townsville Prison. Her Majesty’s Prison at Wacol. Her Majesty’s Prison, Thursday Island. Her Majesty’s Prison, Pencil Bay, Palm Island, Her Majesty’s State Farm, Palen Creek. Her Majesty’s State Farm, Numinbah. Her Majesty’s State Farm, Stone River. Her Majesty’s Gaol, Rockhampton.

See P risons . PROBATION. OFFENDERS' Date of hearing. C onviction B ook . fe; i o 1 Name ol prisoner. Present sentence Charge preferred. of prisoner. | 1 By whom Result and signatures preferred, i of Justices. CO 587 Prisons Act. 1958.