Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The object of this Bill is to amend the Summary Offences Act 1988, the Crimes
(Administration of Sentences) Act 1999 and the Crimes (Administration of Sentences)
Regulation 2001 to prohibit inmates using mobile phones in places of detention.

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act on the date of assent
to the proposed Act.

Clause 3 is a formal provision that gives effect to the amendment to the Acts and a
Regulation set out in Schedule 1.

Clause 4 provides for the repeal of the proposed Act after all the amendments made
by the proposed Act have commenced. Once the amendments have commenced the
proposed Act will be spent and section 30 of the Interpretation Act 1987 provides
that the repeal of an amending Act does not affect the amendments made by that Act.

Schedule 1 Amendments
Schedule 1.1 Amendment of Crimes (Administration of Sentences) Act
1999
Section 56A of the Crimes (Administration of Sentences) Act 1999 provides that the
general manager of a correctional centre or a Visiting Magistrate dealing with a
charge relating to a correctional centre offence arising out of the possession of a
mobile phone or any part of it, a mobile phone SIM card or any part of it, or a mobile
phone charger or any part of it may, if satisfied beyond reasonable doubt that the
inmate is guilty of the offence, order that an inmate be deprived, for up to 6 months,
of such withdrawable privileges as the general manager or Visiting Magistrate may
determine.

Schedule 1.1 makes a consequential amendment. It amends section 56A to provide
that the general manager of a correctional centre or a Visiting Magistrate may make
such orders relating to the deprivation of withdrawable privileges in relation to a
correctional centre offence arising out of the use (in addition to the possession) of a
mobile phone or any part of it, a mobile phone SIM card or any part of it, or a mobile
phone charger or any part of it.

Schedule 1.2 Amendment of Crimes (Administration of Sentences)
Regulation 2001
Clause 113B of the Crimes (Administration of Sentences) Regulation 2001 provides
that an inmate must not have in his or her possession in a place of detention a mobile
phone or any part of it, a mobile phone SIM card or any part of it, or a mobile phone
charger or any part of it. Contravention of the clause is a correctional centre offence
(see clause 116 of, and Schedule 2 to, that Regulation) which gives rise to the
correctional centre disciplinary measures set out in the Crimes (Administration of
Sentences) Act 1999 and the Regulation.

Schedule 1.2 [1] amends clause 113B to expand the provision to also prohibit an
inmate using a mobile phone, a mobile phone SIM card or a mobile phone charger
(or any part of any of those things). The expanded provision will continue to be a
correctional centre offence giving rise to the same correctional centre disciplinary
measures. Schedule 1.2 [2] makes a consequential amendment.

Schedule 1.3 Amendment of Summary Offences Act 1988
Section 27DA of the Summary Offences Act 1988 makes it an offence for an inmate,
without reasonable excuse (proof of which lies on the inmate), to have in his or her
possession in a place of detention a mobile phone or any part of it, a mobile phone
SIM card or any part of it, or a mobile phone charger or any part of it. The offence
carries a maximum penalty of imprisonment for 2 years or 50 penalty units (currently
$5,500), or both.

Schedule 1.3 amends section 27DA to expand the offence to also prohibit an inmate
using a mobile phone, a mobile phone SIM card or a mobile phone charger (or any
part of any of those things). The expanded offence will continue to carry the same
maximum penalty of imprisonment for 2 years or 50 penalty units (currently $5,500),
or both.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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