Western Australia
Prisoners (Release for Deportation) Act 1989
Reprint 1: The Act as at 3 October 2003
Guide for using this reprint
What the reprint includes
Endnotes, Compilation table, and Table of provisions that have not come into operation
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Notes amongst text (italicised and within square brackets)
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Notes of this kind may also be at the foot of Schedules or headings.
2.The other kind of editorial note shows something has been —
•removed (because it was repealed or deleted from the law); or
•omitted under the Reprints Act 1984 s. 7(4) (because, although still technically part of the text, it no longer has any effect).
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Reprinted under the Reprints Act 1984 as |
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at 3 October 2003 |
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Western Australia
Prisoners (Release for Deportation) Act 1989
CONTENTS
2.Commencement1
3.Interpretation1
4.Release for deportation2
5.Variation or revocation of order4
6.Sentence or detention deemed to have been served5
7.Exclusion of the rules of natural justice5
8.Regulations5
Notes
Compilation table6
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Reprinted under the Reprints Act 1984 as |
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at 3 October 2003 |
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Western Australia
Prisoners (Release for Deportation) Act 1989
An Act relating to the release of prisoners for the purpose of deportation.
This Act may be cited as the Prisoners (Release for Deportation) Act 1989 1.
This Act shall come into operation on such day as is fixed by proclamation 1.
(1)In this Act, unless the contrary intention appears —
“deportation order” has the meaning given in section 4 of the Migration Act 1958 of the Commonwealth;
“order for release” means an order made under section 4(4);
“prison” means —
(a)a prison as defined in section 3 of the Prisons Act 1981;
(b)any place where a person is detained in safe custody;
(c)a detention centre as defined in section 3 of the Young Offenders Act 1994;
“prisoner” means a person —
(a)serving a term of imprisonment, or being detained during the Governor’s pleasure, in a prison for an offence against the law of the State, or another State, or a Territory; or
(b)being detained in safe custody;
“the Parole Board” means the Parole Board established under the Sentence Administration Act 2003.
(2)In this Act a reference to detention during the Governor’s pleasure shall be construed so as to include a reference to detention in safe custody.
(3)In this section “safe custody” means safe custody during the Governor’s pleasure pursuant to an order made —
(a)under section 19(6a)(a) of The Criminal Code before the commencement of section 31 of the Acts Amendment (Imprisonment and Parole) Act 1987; or
(b)under section 653 or 693(4) of The Criminal Code.
[Section 3 amended by No. 17 of 1991 s. 4; No. 78 of 1995 s. 109; No. 10 of 1998 s. 60; No. 50 of 2003 s. 29(3).]
(1)Where a deportation order is made in respect of a prisoner, the Parole Board shall, subject to subsection (2), furnish a written report to the Minister containing a recommendation as to whether or not an order for release should be made in respect of the prisoner.
(2)The Parole Board shall not furnish a report under subsection (1) in respect of a prisoner (within the meaning of paragraph (a) of the definition of that term in section 3(1)) unless the circumstances are such that the prisoner could be released from prison on parole under an order made under the Sentence Administration Act 2003.
(3)In a report furnished under subsection (1) the Parole Board shall give express attention to whether, if a deportation order had not been made in respect of the prisoner, the prisoner would have been considered suitable for release from prison, having regard to —
(a)the nature and circumstances of the offence in respect of which the prisoner is serving a term of imprisonment or is being detained during the Governor’s pleasure;
(b)the degree of risk that the release of the prisoner would have appeared to present to the community or to any individual in the community; and
(c)such other matters as the Parole Board thinks fit.
(4)Where a report furnished under subsection (1) contains a recommendation that an order for release be made in respect of a prisoner, the Governor may by order in writing direct that the prisoner be released from prison into the custody of a person or persons specified in the order for the purpose of deportation, and the prisoner shall be released accordingly.
(5)An order for release —
(a)shall specify the period of time within which the prisoner is to be deported; and
(b)is subject to such conditions, if any, as are specified in the order.
(6)Notwithstanding section 20 of the Sentence Administration Act 2003, the Parole Board is not required to make an order directing that a prisoner be released from prison on parole if an order for release is in force in respect of that prisoner.
[Section 4 inserted by No. 17 of 1991 s. 5; amended by No. 78 of 1995 s. 109; No. 50 of 2003 s. 29(3).]
5.Variation or revocation of order
(1)The Governor may by order in writing at any time before the deportation of a prisoner released under section 4(4) vary or revoke an order for release.
(2)If —
(a)the deportation of a prisoner released under section 4(4) has not been effected within the period of time specified in the order for release; or
(b)the deportation order in respect of such a prisoner is revoked,
the order for release of the prisoner ceases to have effect, by force of this section, on the expiration of the period of time referred to in paragraph (a) or on the revocation of the deportation order, as the case may be.
(3)Where an order for release is revoked or ceases to have effect the prisoner shall be returned to prison to serve the unexpired portion of his or her term of imprisonment or to be further detained during the Governor’s pleasure, as the case may be, unless the prisoner is otherwise released.
(4)For the purposes of subsection (3), a Judge or a District Court Judge may, whenever necessary, by warrant authorise a member of the Police Force to apprehend the prisoner and return the prisoner to a prison specified in the warrant, and the warrant is sufficient authority for the apprehension of the prisoner and the return of the prisoner to the prison so specified.
(5)Where a prisoner is returned to prison in accordance with subsection (3) the period spent by the prisoner in the custody of the person or persons referred to in section 4(4) shall be regarded as time served in respect of his or her term of imprisonment or detention during the Governor’s pleasure, as the case may be.
(6)In the case of a sentence of strict security life imprisonment or life imprisonment a reference in this section to serving the unexpired portion of a term of imprisonment shall be construed as a reference to resuming the service of the sentence.
[Section 5 amended by No. 17 of 1991 s. 6.]
6.Sentence or detention deemed to have been served
If the deportation of a prisoner released under section 4(4) is effected within the period of time specified in the order for release, the prisoner —
(a)shall be regarded as having served his or her term of imprisonment or detention during the Governor’s pleasure in a prison, as the case may be; and
(b)by force of this section is wholly discharged from that imprisonment or detention and in the case of an habitual criminal ceases to be an habitual criminal.
[Section 6 amended by No. 17 of 1991 s. 7.]
7.Exclusion of the rules of natural justice
The rules known as the rules of natural justice (including any duty of procedural fairness) do not apply to or in relation to the doing or omission of any act, matter or thing under this Act by the Governor.
The Governor may make regulations prescribing all matters that are necessary or convenient to be prescribed for carrying out or giving effect to this Act.
Notes
1This reprint is a compilation as at 3 October 2003 of the Prisoners (Release for Deportation) Act 1989 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.
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Short title |
Number and year |
Assent |
Commencement |
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Prisoners (Release for Deportation) Act 1989 |
15 of 1989 |
16 Nov 1989 |
6 Dec 1991 (see s. 2 and Gazette 6 Dec 1991 p. 6067) |
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Prisoners (Release for Deportation) Amendment Act 1991 |
17 of 1991 |
21 Jun 1991 |
6 Dec 1991 (see s. 2 and Gazette 6 Dec 1991 p. 6067) |
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Sentencing (Consequential Provisions) Act 1995 Pt. 67 |
78 of 1995 |
16 Jan 1996 |
4 Nov 1996 (see s. 2 and Gazette 25 Oct 1996 p. 5632) |
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Statutes (Repeals and Minor Amendments) Act (No. 2) 1998 s. 60 |
10 of 1998 |
30 Apr 1998 |
30 Apr 1998 (see s. 2(1)) |
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Sentencing Legislation Amendment and Repeal Act 2003 s. 29(3) |
50 of 2003 |
9 Jul 2003 |
31 Aug 2003 (see s. 2 and Gazette 29 Aug 2003 p. 3833) |
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Reprint 1: The Prisoners (Release for Deportation) Act 1989 as at 3 Oct 2003 (includes amendments listed above) |
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By Authority: JOHN A. STRIJK, Government Printer