Document ID: chunk:federal_register_of_legislation:F2006B00190:body:0:p1
Version: federal_register_of_legislation:F2006B00190
Segment Type: other
Provision Reference: 
Character Range: 0–2884

Territory of COCOS (KEELING) IslanDS

  Imprisonment and Custody of Offenders Ordinance 1998

  No. 4 of 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 Cocos (Keeling) Islands Act 1955.
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 COCOS (KEELING) IslanDS

Imprisonment and Custody of Offenders Ordinance 1998

No. 4 of 19981

made under the

Cocos (Keeling) Islands Act 1955

An ordinance to amend the law of the Territory relating to imprisonment and custody of offenders

Contents

 Page

 1 Name of ordinance 2
 2 Commencement 2
 3 Amendment of certain other laws of the Territory 2

Schedule 1 Amendments of Territory laws 3

Part 1 Amendment of Criminal Law (Mentally Impaired Defendants) Act 1996 (W.A.) (C.K.I.)              3
Part 2 Amendments of Justices Act 1902 (W.A.) (C.K.I.) 3
Part 3 Amendment of Prisons Act 1981 (W.A.) (C.K.I.) 4
Part 4 Amendments of Young Offenders Act 1994
(W.A.) (C.K.I.) 5

1 Name of ordinance

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

2 Commencement

  This ordinance commences on gazettal.

3 Amendment of certain other laws of the Territory

  Schedule 1 amends:
 (a) the Criminal Law (Mentally Impaired Defendants) Act 1996 (W.A.) (C.K.I.); and
 (b) the Justices Act 1902 (W.A.) (C.K.I.); and
 (c) the Prisons Act 1981 (W.A.) (C.K.I.); and
 (d) the Young Offenders Act 1994 (W.A.) (C.K.I.).

Schedule 1 Amendments of Territory laws

(section 3)

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