Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this Act,
unless the contrary intention appears —
arrest warrant means a warrant to apprehend, a
warrant to arrest, or a warrant to commit a person to prison, but does not
include —
(a) such
a warrant, where the term of imprisonment which the person to be apprehended,
arrested or committed under the warrant is liable to serve is default
imprisonment; or
(b) a
warrant to secure the attendance of a witness;
Attorney-General , in relation to the Northern
Territory, means the person holding Ministerial office under section 36
of the Northern Territory (Self-Government) Act 1978 of the Commonwealth
who is, under that Act, designated for the time being as the holder of the
office of Attorney-General;
chief executive officer means chief executive
officer of the department principally assisting the Minister to whom the
administration of the Prisons Act 1981 is for the time being committed by
the Governor with that administration;
Commonwealth sentence of imprisonment means a
sentence of imprisonment for an offence against a law of the Commonwealth or
of a Territory;
corresponding court of Western Australia , in
relation to a court of a participating State, means a court of Western
Australia that is, under an order in force under section 4(1), declared
to be a corresponding court in relation to the court of the participating
State;
corresponding Minister , in relation to a
participating State, means the Minister of that State who is responsible for
the administration of the interstate law of that State;
default imprisonment means imprisonment in default
of —
(a)
payment of any fine, penalty, costs or other sum of money of any kind imposed
or ordered to be paid by any court, judge or justice; or
(b)
entering into a recognizance to keep the peace or to be of good behaviour;
indeterminate sentence means a sentence of or
order or direction for imprisonment or detention for life or during the
pleasure of Her Majesty or during the pleasure of the Governor-General, the
Governor or the Governor of a participating State, and includes such a
sentence, order, or direction imposed, made or given by, or by the operation
of, an Act or other law;
interstate law means a law that, under an order in
force under section 4(1), is declared to be an interstate law for the
purposes of this Act;
joint prisoner means a person upon whom
both —
(a) any
of the following —
(i)
a State sentence of imprisonment; or
(ii)
a State sentence of imprisonment as defined by an
interstate law; or
(iii)
an ACT sentence of imprisonment as defined by the
Prisoners (Interstate Transfer) Act 1993 of the Australian Capital
Territory; or
(iv)
a Territory sentence of imprisonment as defined by the
Prisoners (Interstate Transfer) Act of the Northern Territory;
and
(b) a
Commonwealth sentence of imprisonment,
have been imposed;
Magistrates Court means the Magistrates Court
constituted by a magistrate;
order of transfer means an order issued under
section 5, 13, 14(6) or 18 for the transfer of a prisoner to a
participating State;
participating State means a State in which an
interstate law is in force;
prison means a prison as defined in section 3
of the Prisons Act 1981 ;
prison officer means a person who is a prison
officer under the Prisons Act 1981 ;
prisoner means a State prisoner or a joint
prisoner;
relevant security , in relation to a person, means
a security given by the person, with or without sureties, recognizance or
otherwise, that the person will comply with conditions relating to the
person’s behaviour;
sentence of imprisonment means —
(a) a
State sentence of imprisonment; or
(b) a
State sentence of imprisonment as defined by an interstate law; or
(c) an
ACT sentence of imprisonment as defined by the Prisoners (Interstate Transfer)
Act 1993 of the Australian Capital Territory; or
(d) a
Territory sentence of imprisonment as defined by the Prisoners (Interstate
Transfer) Act of the Northern Territory; or
(e)
where relevant, a Commonwealth sentence of imprisonment;
State includes the Australian Capital Territory
and the Northern Territory;
State prisoner means a person upon whom a State
sentence of imprisonment has been imposed, but does not include a person upon
whom a Commonwealth sentence of imprisonment has been imposed;
State sentence of imprisonment means a sentence of
imprisonment for an offence against a law of Western Australia, including a
sentence of penal servitude, a sentence by which default imprisonment is
ordered, an indeterminate sentence and a translated sentence, but does not
include detention imposed under any Act relating to the punishment of persons
who committed offences when they were under the age of 18 years;
superintendent , in relation to a prison, means
the person who, under the Prisons Act 1981 , is the superintendent of the
prison;
Territory means the Territory of Norfolk Island,
the Territory of Christmas Island, the Territory of the Cocos (Keeling)
Islands or the Jervis Bay Territory;
translated sentence means a sentence of
imprisonment deemed by section 25 to have been imposed on a person by a
court of Western Australia.
(2) Where a justice of
a participating State, in the exercise of his powers, issues a warrant of
commitment while not constituting a court, the sentence of imprisonment
imposed by the warrant shall, for the purposes of this Act, be deemed to have
been imposed by a court.
(3) For the purposes
of this Act, a sentence of imprisonment imposed, or originally imposed, by, or
by the operation of, an Act or other law of a State or Territory shall, except
as prescribed by regulations under this Act, be deemed to have been imposed,
or originally imposed, by a court of that State or Territory.
(4) A reference in
this Act to an Act of the Commonwealth includes a reference to an Act amending
or replacing that Act.
(5) In the case of a
State other than the Australian Capital Territory or the Northern Territory, a
reference in this Act to the Governor of a participating State includes a
reference to any person exercising and performing all the powers and functions
of the Governor of that State.
(5a) In the case of
the Australian Capital Territory —
(a) the
reference in section 26(4) to the Governor of a participating State is a
reference to the Governor-General; and
(b) the
references in section 26(5)(b) to the Governor of a participating State
are references to the Governor-General or to the Executive within the meaning
of the Australian Capital Territory (Self-Government) Act 1988 of the
Commonwealth.
(5b) In the case of
the Northern Territory, a reference in this Act to the Governor of a
participating State is a reference to the Administrator of the Northern
Territory, and includes a reference to any person exercising and performing
all the powers and functions of the Administrator.
(5c) A reference in
this Act to the Governor-General includes a reference to any person exercising
and performing all the powers and functions of the Governor-General.
(6) A reference in
this Act to a person upon whom a sentence of imprisonment has been imposed
does not include a reference to a person who has completed serving that
sentence.
(7) The following
persons upon whom a sentence of imprisonment has been imposed shall be taken,
for the purposes of this Act, to have completed serving that
sentence —
(a) a
person —
(i)
who has been released from serving a part of that
sentence on parole or upon licence to be at large; and
(ii)
in respect of whom action can no longer be taken under a
law of the Commonwealth, a State or a Territory by way of requiring the person
to serve the whole or a part of the remainder of that sentence;
(b) a
person —
(i)
who has been released from serving the whole or a part of
that sentence upon giving a relevant security; and
(ii)
in relation to whom —
(A) action can no longer be taken under a
law of the Commonwealth, a State or a Territory in respect of a breach of a
condition of that security; or
(B) action cannot, by reason of the
expiration of the security, be taken under a law of the Commonwealth, a State
or a Territory by way of requiring the person to serve the whole or a part of
that sentence;
(c) a
person who, as the result of the exercise of the royal prerogative of mercy,
is no longer required to serve the whole or a part of that sentence.
(8) A reference in
this Act to release on parole includes a reference to release on probation and
to any other form of conditional release in the nature of parole.
[Section 3 amended by No. 72 of 1986
s. 4; No. 47 of 1987 s. 23; No. 113 of 1987 s. 32; No. 5 of
1994 s. 3; No. 59 of 2004 s. 141.]