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This is a Bill, not an Act. For current law, see the Acts databases.
Correctional Services Legislation
Amendment Bill 2006
No , 2006
A Bill for
An Act to amend the Crimes (Administration of Sentences) Act 1999 with respect to
the storage of reproductive material of inmates; and for other purposes.
Clause 1 Correctional Services Legislation Amendment Bill 2006
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Correctional Services Legislation Amendment Act 2006. 3
2 Commencement 4
This Act commences on a day to be appointed by proclamation. 5
3 Amendment of Crimes (Administration of Sentences) Act 1999 No 93 6
The Crimes (Administration of Sentences) Act 1999 is amended as set 7
out in Schedule 1. 8
4 Amendment of Children (Detention Centres) Act 1987 No 57 9
The Children (Detention Centres) Act 1987 is amended as set out in 10
Schedule 2. 11
5 Repeal of Act 12
(1) This Act is repealed on the day following the day on which this Act 13
commences. 14
(2) The repeal of this Act does not, because of the operation of section 30 15
of the Interpretation Act 1987, affect any amendment made by this Act. 16
Page 2
Correctional Services Legislation Amendment Bill 2006
Amendment of Crimes (Administration of Sentences) Act 1999 Schedule 1
Schedule 1 Amendment of Crimes (Administration 1
of Sentences) Act 1999 2
(Section 3) 3
Section 72B 4
Insert after section 72A: 5
72B Prohibition on storage of reproductive material of serious 6
indictable offenders etc 7
(1) In this section: 8
convicted inmate includes a person who is in lawful custody in a 9
correctional centre while awaiting sentencing for an offence. 10
reproductive material means sperm from a male, or ovum from 11
a female, inmate. 12
serious indictable offence means the following: 13
(a) an offence that may only be prosecuted on indictment, 14
(b) an offence committed elsewhere than in New South Wales 15
that, if committed in New South Wales, would be a serious 16
indictable offence for the purposes of paragraph (a), 17
(c) any offence under Part 5.3 of the Criminal Code set out in 18
the Criminal Code Act 1995 of the Commonwealth. 19
serious indictable offender means an inmate who: 20
(a) has been convicted of a serious indictable offence, and 21
(b) is serving a sentence of imprisonment in a correctional 22
centre for the offence or is in lawful custody in a 23
correctional centre while awaiting sentencing for the 24
offence. 25
store reproductive material means to freeze or otherwise preserve 26
the material. 27
(2) A serious indictable offender must not be allowed to be absent 28
from any correctional centre for the purpose of the offender 29
providing any reproductive material for use, or for storage, for 30
reproductive purposes, at any hospital or other place. 31
(3) A serious indictable offender who provides reproductive material 32
(whether in a correctional centre or elsewhere) for use, or for 33
storage, for reproductive purposes at any hospital or other place 34
is guilty of an offence. 35
Maximum penalty: 100 penalty units or imprisonment for 6 36
months, or both. 37
Page 3
Correctional Services Legislation Amendment Bill 2006
Schedule 1 Amendment of Crimes (Administration of Sentences) Act 1999
(4) Nothing in this section prevents a convicted inmate other than a 1
serious indictable offender from providing, or confers on any 2
such convicted inmate any entitlement to be allowed to provide, 3
reproductive material for use or storage for reproductive 4
purposes at any hospital or other place. However, the convicted 5
inmate must pay such charges as may be imposed in respect of the 6
storage of such reproductive material (including any 7
reproductive material placed in storage before the 8
commencement of this section) during the period of his or her 9
imprisonment. 10
(5) The requirement under subsection (4) to pay a charge in respect 11
of stored reproductive material extends to a serious indictable 12
offender whose reproductive material was placed in storage at a 13
hospital or other place before the commencement of this section. 14
Page 4
Correctional Services Legislation Amendment Bill 2006
Amendment of Children (Detention Centres) Act 1987 Schedule 2
Schedule 2 Amendment of Children (Detention 1
Centres) Act 1987 2
(Section 4) 3
Section 29 Application of Crimes (Administration of Sentences) Act 1999 4
to detainees 5
Insert at the end of the section: 6
(2) Section 72B of the Crimes (Administration of Sentences) Act 7
1999 applies to a person subject to control within the meaning of 8
this Act as if a reference in that section to a serious indictable 9
offender or convicted inmate were a reference to such a person 10
and a reference to a correctional centre were a reference to a 11
detention centre. 12
Page 5
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