PRISONS (FURTHER AMENDMENT) ACT 1986 No. 188
NEW SOUTH WALES
TABLE OF PROVISIONS
1. Short title
2. Commencement
3. Amendment of Act No. 9, 1952
SCHEDULE 1—AMENDMENTS TO THE PRISONS ACT 1952 RELATING TO
REMISSION
SCHEDULE 2—AMENDMENTS TO THE PRISONS ACT 1952 RELATING TO
PRISON DISCIPLINE
SCHEDULE 3—MISCELLANEOUS AND CONSEQUENTIAL AMENDMENTS TO
THE PRISONS ACT 1952
PRISONS (FURTHER AMENDMENT) ACT 1986 No. 188
NEW SOUTH WALES
Act No. 188, 1986
An Act to amend the Prisons Act 1952 with respect to the remission of sentences and prsion discipline and in certain other respects. [Assented to
18 December 1986]
Sec also Crimes (Remissions) Further Amendment Act 1986
Act No. 188
Prisons (Further Amendment) 1986
BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows:
Short title
1. This Act may be cited as the "Prisons (Further Amendment) Act
1986".
Commencement
2. (1) Sections 1 and 2 shall commence on the date of assent to this
Act.
(2) Except as provided by subsection (1), this Act shall commence on such day or days as may be appointed by the Governor and notified by proclamation published in the Gazette.
Amendment of Act No. 9, 1952
3. The Prisons Act 1952 is amended in the manner set forth in
Schedules 1-3.
SCHEDULE 1
(Sec. 3)
AMENDMENTS TO THE PRISONS ACT 1952 RELATING TO
REMISSION
| (1) Section 41 (Expiration of sentence)— |
(a) Section 41 (2)—
Omit the subsection, insert instead:(2) If the term of imprisonment of a convicted prisoner would otherwise terminate on a Saturday, Sunday or public holiday, the Commission may discharge the prisoner from prison on the last day that is not a Saturday, Sunday or public holiday.
(b) Section 41 (3), (4)—
Omit the subsections.Prisons (Further Amendment) 1986
SCHEDULE 1—continued
AMENDMENTS TO THE PRISONS ACT 1952 RELATING TO
REMISSION —continued
(c) Section 41 (5)— Omit "granted remission pursuant to the foregoing provisions", insert instead "granted remission under Part XI".
(2) Section 41A (Royal prerogative of mercy preserved)—
After "this Act", insert "(including Part XI)".
(3) Part XI—
After Part X, insert:
PART XI
REMISSION
Definitions
62. In this Part—
"imprisonment" means a period served by a convicted prisoner
in prison or otherwise in lawful custody, and includes—
(a)
a period so served as a consequence of a sentence of penal servitude; and
(b)
a period so served on remand which forms part of the sentence for the offence of which the prisoner is convicted,
but does not include— (c) street-time, being a period during which the prisoner is— (i) released under a probation order, a parole order or a licence under section 463 of the Crimes Act 1900; or
(ii) unlawfully at large after escaping from prison or other lawful custody;
(d)
a period served by way of periodic detention under the Periodic Detention of Prisoners Act…