Territory of Christmas Island

Imprisonment and Custody of Offenders Ordinance 1998

I, WILLIAM PATRICK DEANE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following ordinance under the Christmas Island Act 1958.

Dated 12 November 1998.

WILLIAM DEANE

Governor-General

By His Excellency’s Command,

IAN MACDONALD

Minister for Regional Services, Territories and
Local Government

Territory of Christmas Island

Imprisonment and Custody of Offenders Ordinance 1998

No. 4 of 1998¹

made under the

An ordinance to authorise the making of arrangements with the relevant authorities of Western Australia for the transfer of prisoners, and for related purposes

Contents

                                                                                                                 Page

                        1     Name of ordinance                                                          

                        2     Commencement                                                             

                        3     Arrangements by Minister                                               

                        4     Amendment of other laws of the Territory                          

Schedule 1       Amendments of Territory laws                              

Part 1               Amendment of Criminal Law (Mentally Impaired Defendants) Act 1996 (W.A.) (C.I.)  

Part 2               Amendments of Justices Act 1902 (W.A.) (C.I.)                

Part 3               Amendment of Prisons Act 1981 (W.A.) (C.I.)                   

Part 4               Amendments of Young Offenders Act 1994 (W.A.) (C.I.)    

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1           Name of ordinance

                     This ordinance is the Imprisonment and Custody of Offenders Ordinance 1998.

2           Commencement

                     This ordinance commences on gazettal.

3           Arrangements by Minister

                     For section 18 of the Christmas Island Act 1958, the Minister may make arrangements with the Government of Western Australia for:

                (a)    the removal from the Territory to Western Australia of persons who have been sentenced to imprisonment by a court having jurisdiction in respect of the Territory, for the purpose of serving their sentences in Western Australia; or

               (b)    the removal from the Territory to Western Australia of persons who have been found to be of unsound mind, for the purpose of detention and treatment in Western Australia.

4           Amendment of other laws of the Territory

                     Schedule 1 amends:

                (a)    the Criminal Law (Mentally Impaired Defendants) Act 1996 (W.A.) (C.I.); and

               (b)    the Justices Act 1902 (W.A.) (C.I.); and

                (c)    the Prisons Act 1981 (W.A.) (C.I.); and

               (d)    the Young Offenders Act 1994 (W.A.) (C.I.).

Schedule 1        Amendments of Territory laws

(section 4)

Part 1          Amendment of Criminal Law (Mentally Impaired Defendants) Act 1996 (W.A.) (C.I.)

[1]         After subsection 24 (1)

             insert

      (1A)   To avoid doubt, the authorized hospital, declared place, detention centre or prison need not be in the Territory.

Part 2          Amendments of Justices Act 1902 (W.A.) (C.I.)

[2]         Section 123

             omit

                  On committing the defendant

             insert

                  (1)      On committing the defendant

[3]         Section 123

             insert

         (2)   To avoid doubt, the place where the defendant is to be kept in custody need not be in the Territory.

[4]         After subsection 159 (2)

             insert

         (3)   To avoid doubt, the place where the defendant is to be imprisoned need not be in the Territory.

Part 3          Amendment of Prisons Act 1981 (W.A.) (C.I.)

[5]         Section 33

             substitute

33     Provision of fare home on release

         (1)   When a prisoner is released from prison, the chief executive officer may give him or her the means of returning to his or her home or usual place of residence in the Territory by causing his fare to be paid, or by providing transport.

         (2)   However, subsection (1) does not entitle a person who was a prisoner outside the Territory to be given the means to return to the Territory if, after release, he or she became ordinarily resident outside the Territory.

Part 4          Amendments of Young Offenders Act 1994 (W.A.) (C.I.)

[6]         Paragraph 118 (1) (a)

             substitute

                (a)    impose a term of imprisonment under Part 13 of the Sentencing Act 1995 (W.A.) (C.I.); or

[7]         Subsection 118 (3)

             omit

1.       Made by the Governor-General on 12 November 1998, and notified in the Commonwealth of Australia Gazette on 13 November 1998.  Administered by the Minister for Regional Services, Territories and Local Government.