New South Wales Repealed Acts New South Wales Repealed ActsThis legislation has been repealed.
Insert after clause 113A:
113B Inmate possession of a mobile phone An inmate must not have in his or her possession 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.
Omit "Part 1 or 2 of" from clause 116 (c).
Omit the clause.
Omit "and (if appropriate) a major offence".
Omit the Schedule. Insert instead:
(Clause 116)
| Provision | Subject |
| Clause 5 | Supply false or misleading particulars |
| Clause 8 | Fail to surrender property on reception |
| Clause 38 | Fail to clean yards |
| Clause 39 | Fail to comply with correctional centre routine |
| Clause 40 | Enter other cells |
| Clause 41 | Fail to attend musters |
| Clause 42 | Operate bell, hooter, siren or whistle |
| Clause 43 | Avoid correctional centre routine |
| Clause 44 | Unlawfully deliver or receive article to or from inmate |
| Clause 45 | Possess or create prohibited goods |
| Clause 46 | Resist or impede search |
| Clause 47 | Fail to keep property in a tidy and orderly manner |
| Clause 52 | Unlawfully purchase food |
| Clause 52 | Possess unauthorised food |
| Clause 52 | Unlawfully trade in food |
| Clause 56 | Fail to maintain personal cleanliness |
| Clause 57 | Wear improper clothing |
| Clause 58 | Fail to keep clean cells and issued articles |
| Clause 58 | Damage, destroy or deface cell |
| Clause 58 | Fail to look after clothing, bedding and other issued articles |
| Clause 59 | Unlawfully possess condom or dental dam |
| Clause 59 | Unlawfully use condom or dental dam |
| Clause 59 | Unlawfully dispose of condom or dental dam |
| Clause 61 | Misbehave while attending services and programs |
| Clause 68 | Desecrate or abuse religious items |
| Clause 97 | Convey or deliver to, or receive from, visitors unauthorised articles |
| Clause 107 | Send or receive unauthorised letters or parcels |
| Clause 108 | Send prohibited letters, parcels or articles |
| Clause 112 | Unlawfully use telephone or facsimile |
| Clause 113A | Possess camera or video or audio recording equipment |
| Clause 113B | Possess mobile phone, mobile phone SIM card or mobile phone charger |
| Clause 120 | Disobey direction |
| Clause 124 | Contravene condition of local or interstate leave permit |
| Clause 125 | Conceal for purpose of escape |
| Clause 126 | Conceal article for use in escape or other offence |
| Clause 126A | Possess offensive weapon or instrument |
| Clause 127 | Intimidation |
| Clause 128 | Indecency |
| Clause 129 | Participate, or inciting other inmates to participate, in riot |
| Clause 130 | Assaults |
| Clause 130 | Fight or engage in other physical combat |
| Clause 130 | Throw article |
| Clause 131 | Steal |
| Clause 131 | Damage or destroy property |
| Clause 131 | Tamper with food or drink |
| Clause 132 | Hinder or obstruct dog |
| Clause 133 | Cause harm to animal, bird or reptile |
| Clause 134 | Interfere with correctional centre property |
| Clause 135 | Tattoo |
| Clause 136 | Gamble |
| Clause 137 | Possess or consume alcohol |
| Clause 137 | Prepare or manufacture alcohol |
| Clause 138 | Possess drug |
| Clause 139 | Administer drug |
| Clause 140 | Possess drug implement |
| Clause 141 | Self-intoxication |
| Clause 142 | Fail prescribed urine test |
| Clause 143 | Smoke in non-smoking area |
| Clause 143 | Alter, damage or remove non-smoking sign or smoking sign |
| Clause 144 | Bribery |
| Clause 145 | Obstruct correctional officer |
| Clause 146 | Refuse breath testing |
| Clause 148 | Refuse or fail to supply urine sample |
| Clause 149 | Refuse or fail to supply urine sample |
| Clause 160 | Make mischievous complaint |
| Clause 172 | Give false or misleading information |
Omit the definitions of "major offence" and "minor offence".
Insert after section 25A (5):
(6) In this section, "appeal" includes an application for special leave to appeal.
Insert after section 28:
28A Operation of sections 18 and 25A(1) This section applies if, under section 18 or 25A, any period does not count as part of any term of imprisonment under an appellant's sentence.(2) The court may make any order that it thinks fit to give effect to section 18 or 25A (including an order specifying the date of the commencement or re-commencement of the sentence).(3) If the court does not make such an order, the sentence commences or re-commences on the appropriate date required for the operation of section 18 or 25A.(4) This section extends to apply in respect of the following appeals:(a) an appeal made, but not determined, before the commencement of this section,(b) an appeal in respect of which notice of intention to appeal or to apply for leave to appeal or application for leave (or for special leave) to appeal was made before the commencement of this section.
Omit the matter relating to the office of Inspector-General of Corrective Services.
Insert after section 27D:
27DA Inmate possession of a mobile phone(1) An inmate must not, without reasonable excuse (proof of which lies on the inmate), 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.Maximum penalty: imprisonment for 2 years or 50 penalty units, or both.(2) In this section, "mobile phone" includes any device that may be used, in whole or in part, for the purpose of sending or receiving voice or other data over a mobile telephone network, whether or not it may be used for any other purpose.