Western Australian Consolidated Acts Western Australian Consolidated Acts[section 117]
1. All prisoners in
custody immediately before the coming into operation of this Act under
the provisions of the repealed Act shall continue in custody under and subject
to the provisions of this Act.
2. Where a direction
or order that a person be detained or confined in a reformatory prison
subsists immediately before the coming into operation of this Act, that
direction or order shall be deemed, with effect from the coming into operation
of this Act, to direct or order that the person be detained in a prison.
3. The person holding
office as Director of the Department of Corrections immediately before the
coming into operation of this Act shall continue in office and be deemed to
have been appointed Permanent Head 3 of the Western Australia Prisons
Department 4 under section 6(1).
4. Each person
appointed or engaged under the repealed Act and holding office immediately
before the coming into operation of this Act shall continue to hold office and
shall be deemed to have been appointed or engaged, subject to this Act and to
the terms of his appointment or engagement, to a corresponding office under
this Act.
5. A prison officer
who is deemed to have been engaged as such by clause 4 may be required by
the chief executive officer at any time after the coming into operation of
this Act to subscribe, in the presence of and attested by a justice or an
officer not below the rank of superintendent, an oath of engagement in the
terms set out in section 13(2).
6. A person appointed
to be a visitor under section 17 of the repealed Act and holding office
as such immediately before the coming into operation of this Act
shall —
(a) if
he is a justice, be deemed to have been appointed under this Act as a visiting
justice; and
(b) if
he is not a justice, be deemed to have been appointed under this Act as a
prison visitor, and
every person deemed to
have been appointed a visiting justice or a prison visitor by this provision
shall be deemed, notwithstanding the terms of his appointment under the
repealed Act, to have been appointed for a term expiring 6 months after
the coming into operation of this Act.
7. Where a complaint
of a prison offence has been made against a prisoner before the coming into
operation of this Act but that complaint has not been finally determined when
this Act comes into operation, the complaint shall continue to be dealt with
and determined in all respects as if this Act had not been enacted.
8. Subject to
clause 7, a charge of a prison offence alleged to have been committed
under the repealed Act by a prisoner before the coming into operation of this
Act may be made under this Act and shall be dealt with and determined in all
respects under and in accordance with this Act, except that a penalty shall
not be imposed in respect of such an offence greater than, or otherwise
different from, a penalty which might have been imposed under the repealed
Act.
9. A penalty imposed
under the repealed Act in respect of a minor prison offence prior to the
coming into operation of this Act shall not be affected in any way by the
repeal of the repealed Act and shall continue to take effect.
10. In the case of a
prisoner who is serving a finite sentence of imprisonment at the time when
this Act comes into operation, remission of sentence shall be calculated in
accordance with the repealed Act for so much of his sentence as he has served
at that time, and shall be calculated for any period after that time in
accordance with this Act.
11. Notwithstanding
the repeal of section 68 of the repealed Act by this Act, that section
shall continue to apply and section 30 of this Act shall not apply to the
computation of imprisonment of a prisoner who while undergoing a finite term
of imprisonment escapes from lawful custody before the coming into operation
of this Act.
12. The repeal by this
Act of the repealed Act shall not affect the validity of a grant of leave of
absence made to a prisoner before the coming into operation of this Act under
regulation 98 of the Prison Regulations 1974 5
and —
(a)
regulations 98, 100, 101 and 102 of the Prison Regulations 1974 5
shall continue to apply in relation to every such grant as though they were
still in force; and
(b)
section 92 of this Act shall apply in the case of every such grant as if
the prisoner had been granted leave of absence under section 87 of this
Act.
13. The repeal of the
repealed Act shall not affect the validity of any order or warrant made in
respect of a prisoner under section 52, 53, 54, 55, 72, or 72A of the
repealed Act before the coming into operation of this Act and those sections
and sections 56A and 73 shall continue to apply in relation to every such
order or warrant and to every prisoner to whom such a warrant or order relates
as though they were still in force.
14. A reference in any
Act or regulation to gaol or jail shall, unless the context otherwise
requires, be read and construed as a reference to prison as that term is
defined by section 3 and on a reprint of the Act or regulation pursuant
to statutory authority the reference may be altered accordingly.
15. Where a charge has
been made against an officer under regulation 35 of the Prison
Regulations 1974 5 before the coming into operation of this Act but that
charge has not been finally determined when this Act comes into operation, the
charge shall continue to be dealt with and determined in all respects as if
this Act had not been enacted.
16. Subject to
clause 15, a charge under regulation 35 of the Prison
Regulations 1974 5 in respect of an offence alleged to have been
committed by an officer before the coming into operation of this Act may be
made under Part X of this Act and shall be dealt with and determined in all
respects under and in accordance with this Act, except that a penalty shall
not be imposed in respect of such an offence greater than, or otherwise
different from, a penalty which might have been imposed under the repealed
Act.
[Schedule 2 amended by No. 47 of 1987
s. 11; No. 113 of 1987 s. 32.]
