Untitled document

Corrections (Police Gaols) Amendment Regulations 2015

S.R. No. 145/2015

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Principal Regulations

5Objective amended

6Definitions

7Regulations 6 and 7 substituted

8Receipt of seized articles or substances

9Register of seized articles or substances

10Dealing with seized articles or substances

11Regulation 11 revoked

12Communication with detained persons

13Exchange of articles to or from detained persons

14Revocation of regulation 14

15Offences by detained persons

16Investigation by officer in charge of a police gaol

17Revocation of regulations 17 and 18

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Endnotes

STATUTORY RULES 2015

S.R. No. 145/2015

Corrections Act 1986

Corrections (Police Gaols) Amendment Regulations 2015

The Governor in Council makes the following Regulations:

Dated: 1 December 2015

Responsible Minister:

WADE NOONAN
Minister for Corrections

ANDREW ROBINSON

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Corrections (Police Gaols) Regulations 2015—

(a)as a result of amendments made to the Corrections Act 1986 by the Justice Legislation Amendment (Police Custody Officers) Act 2015; and

(b)to make other amendments to improve the operation of those Regulations.

2Authorising provision

These Regulations are made under section 112 of the Corrections Act 1986.

3Commencement

These Regulations come into operation on 1 December 2015.

4Principal Regulations

In these Regulations, the Corrections (Police Gaols) Regulations 2015[1] are called the Principal Regulations.

5Objective amended

In regulation 1 of the Principal Regulations, for "and for the safe custody and welfare of the people detained in them." substitute—

"and—

(a)for the safe custody and welfare of detained persons; and

(b)for the manner of dealing with property seized under Part 9A of the Corrections Act 1986; and

(c)for any other matter required to be prescribed under the Corrections Act 1986.".

6Definitions

In regulation 5 of the Principal Regulations, the definitions of child and drug of dependence are revoked.

7Regulations 6 and 7 substituted

For regulations 6 and 7 of the Principal Regulations substitute—

"6   Prescribed information and documents of a visitor's identity

(1)For the purposes of section 104AC(4)(a) of the Corrections Act 1986, the prescribed information is the person's name, date of birth and residential address.

(2)For the purposes of section 104AC(4)(b) of the Corrections Act 1986, the prescribed documents are—

(a)one of the following documents—

(i)a passport;

(ii)a driver licence;

(iii)a document issued by a public statutory authority bearing the name and photograph of the person; or

(b)any 2 of the following documents—

(i)a full birth certificate or extract of birth;

(ii)a certificate of Australian citizenship;

(iii)a marriage certificate;

(iv)a Seniors Card issued by the Government of a State or Territory;

(v)a health care card;

(vi)a pensioner concession card;

(vii)any other card issued by a Commonwealth Government Department that certifies entitlement to Commonwealth health concessions.".

8Receipt of seized articles or substances

(1)For regulation 8(1) of the Principal Regulations substitute—

"(1)A police officer or a police custody officer who seizes an article or substance under Part 9A of the Corrections Act 1986 (other than under section 104DB(2) of that Act) must provide a receipt to the person from whom it was seized.

(1A)A police custody officer who seizes an article or substance under section 104DB(2) of the Corrections Act 1986 must provide a receipt to the person from whom it was seized if the person from whom the article or substance was seized—

(a)is being supervised at a police gaol; or

(b)is being transported to a police gaol and an officer in charge of a police gaol has made a direction under regulation 10(2), (3) or (4)(b) or (c) in relation to the article or substance; or

(c)is being transported to, or supervised at, a place other than a police gaol and an officer in charge of a police gaol has made a direction under regulation 10(2), (3) or (5)(b) in relation to the article or substance.".

(2)In regulation 8(2)(f) of the Principal Regulations, after "police officer" insert "or police custody officer".

(3)After regulation 8(2) of the Principal Regulations insert—

"(3)A police officer or police custody officer who is required to provide a receipt under this regulation must do so as soon as reasonably practicable.".

9Register of seized articles or substances

(1)For regulation 9(1) of the Principal Regulations substitute—

"(1)The officer in charge of a police gaol must establish and maintain a register of all articles and substances seized—

(a)in the police gaol by a police officer or a police custody officer under Part 9A of the Corrections Act 1986 (other than under section 104DB(2) of that Act); or

(b)by a police custody officer under section 104DB(2) of the Corrections Act 1986 from a person who—

(i)is being supervised at the police gaol; or

(ii)is being transported to a police gaol and the officer in charge has made a direction under regulation 10(2), (3) or (4)(b) or (c) in relation to the article or substance; or

(iii)is being transported to, or supervised at, a place other than a police gaol and the officer in charge has made a direction under regulation 10(2), (3) or (5)(b) in relation to the article or substance.".

(2)In regulation 9(2) of the Principal Regulations—

(a)after "officer in charge" insert "of a police gaol";

(b)for "seized in a police gaol" substitute "referred to in subregulation (1)";

(c)in paragraph (b), after "police officer" insert "or police custody officer".

10Dealing with seized articles or substances

(1)For regulation 10(1) of the Principal Regulations substitute—

"(1)For the purposes of section 104DE of the Corrections Act 1986, an officer in charge of a police gaol must deal with an article or substance seized under Part 9A of that Act in accordance with this regulation.".

(2)In regulation 10(2) of the Principal Regulations—

(a)after "officer in charge" insert "of a police gaol";

(b)for "is retained" substitute "be retained".

(3)In regulation 10(3) of the Principal Regulations—

(a)after "officer in charge" insert "of a police gaol";

(b)for "is disposed" substitute "be disposed".

(4)In regulation 10(4) of the Principal Regulations—

(a)for "Where" substitute "Subject to subregulation (5), where";

(b)after "officer in charge" (where first occurring) insert "of a police gaol".

(5)After regulation 10(4) of the Principal Regulations insert—

"(5)Where subregulation (2) or (3) does not apply and the article or substance was seized by a police custody officer under section 104DB(2) of the Corrections Act1986 from a person who is being transported to, or supervised at, a place other than a police gaol, the officer in charge of a police gaol who is informed under section 104DB(3) of that Act must direct that the article or substance be—

(a)returned to the person from whom it was seized; or

(b)returned to the owner of the article or substance if reasonably practicable in the circumstances and the officer in charge forms the reasonable belief that the person from whom the article or substance was seized is not entitled at law to possess it; or

(c)stored at that place as part of the property of the person from whom the article or substance was seized.".

11Regulation 11 revoked

Regulation 11 of the Principal Regulations is revoked.

12Communication with detained persons

In regulation 12(1) of the Principal Regulations, after "officer in charge" insert "of a police gaol".

13Exchange of articles to or from detained persons

In regulation 13(1) of the Principal Regulations, after "officer in charge" insert "of a police gaol".

14Revocation of regulation 14

Regulation 14 of the Principal Regulations is revoked.

15Offences by detained persons

(1)In regulation 15(4) of the Principal Regulations, after "officer in charge" insert "of a police gaol".

(2)Regulation 15(6) of the Principal Regulations is revoked.

16Investigation by officer in charge of a police gaol

(1)In the heading to regulation 16 of the Principal Regulations, after "officer in charge" insert

"of a police gaol".

(2)In regulation 16(1) of the Principal Regulations—

(a)after "officer in charge" (where first occurring) insert "of a police gaol";

(b)after "contravened" insert "Part 9A of the Corrections Act 1986 or".

(3)In regulation 16(2) of the Principal Regulations—

(a)after "officer in charge" insert "of a police gaol";

(b)after "contravened" insert "Part 9A of the Corrections Act 1986 or".

(4)In regulation 16(3) of the Principal Regulations—

(a)after "officer in charge" (where first occurring) insert "of a police gaol";

(b)after "contravened" insert "Part 9A of the Corrections Act 1986 or".

17Revocation of regulations 17 and 18

Regulations 17 and 18 of the Principal Regulations are revoked.

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Endnotes

[1] Reg. 4: S.R. No. 94/2015.