Prisons (Syringe Prohibition) Amendment Act 1991 (NSW)

PRISONS (SYRINGE PROHIBITION AMENDMENT ACT 1991

No. 87

NEW SOUTH WALES

TABLE OF PROVISIONS

1. Short title

2. Commencement

3. Amendment of Prisons Act 1952 No. 9

PRISONS (SYRINGE PROHIBITION) AMENDMENT ACT 1991

No. 87

NEW SOUTH WALES

Act No. 87, 1991

An Act to amend the Prisons Act 1952 to create an offence concerned with the introduction of syringes into prisons or the supply to prisoners of syringes. [Assented to 17 December 1991]

Act No. 87

2

Prisons (Syringe Prohibition) Amendment 1991

The Legislature of New South Wales enacts:

Short title

1. This Act may be cited as the Prisons (Syringe Prohibition)

Amendment Act 1991.

Commencement

2.    This Act commences on a day to be appointed by proclamation.

Amendment of Prisons Act 1952 No. 9

3.        The Prisons Act 1952 is amended by inserting after section 37 the

following section:

Introduction or supply of syringes

37A. (1) A person:

(a)	who introduces a syringe into a prison or attempts to introduce a syringe into a prison; or
(b)	who supplies a syringe to a prisoner who is in lawful custody or attempts to supply a syringe to a prisoner who is in lawful custody,

is guilty of an offence and liable to imprisonment for a term not

exceeding 2 years.

(2) A person is not guilty of an offence of introducing or attempting

to introduce a syringe into a prison if the person satisfies the court that the governor of the prison had consented to the person's introducing the syringe into the prison.

(3) A person is not guilty of an offence of supplying or attempting to

supply a syringe to a prisoner in lawful custody if the person satisfies

the court:

(a)	that the supply was authorised on medical grounds by a registered medical practitioner; and
(b)	if the prisoner is in lawful custody in a prison, that the governor of the prison had consented in writing to the supply.

(4)    In re je c t of an offence under this section, the powers of arrest of

a police officer may be exercised:

(a) by a prison officer, or

(b) in connection. with a prisoner (or any other person) at a prison which is managed under an agreement in accordance with Part 6A—by a person employed by the management company as a custodian of prisoners.

Prisons (Syringe Prohibition) Amendment 1991

(5) While absent from a prison in any of the circumstances referred to in section 29A (Absent prisoners deemed to be in custody), a prisoner is taken to be in lawful custody for the purposes of an offence under this section only if the prisoner is being escorted by a prison officer or a police officer.

(6) In this section, “syringe” means a hypodermic syringe and includes anything designed for use or intended to be used as part of such a syringe and a needle designed for use or intended to be used in connection with such a syringe.

[Minister's second reading speech made in —

Legislative Assembly on 18 September 1991

Legislative Council on 9 December 1991]