Document ID: chunk:federal_register_of_legislation:F2005B02221:body:0:p1
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Territory of Christmas Island

  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 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

Christmas Island Act 1958

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 4
 2 Commencement 4
 3 Arrangements by Minister 4
 4 Amendment of other laws of the Territory 4

Schedule 1 Amendments of Territory laws 5

Part 1 Amendment of Criminal Law (Mentally Impaired Defendants) Act 1996 (W.A.) (C.I.)              5
Part 2 Amendments of Justices Act 1902 (W.A.) (C.I.) 5
Part 3 Amendment of Prisons Act 1981 (W.A.) (C.I.) 6
Part 4 Amendments of Young Offenders Act 1994 (W.A.) (C.I.) 7

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)