New South Wales Repealed Acts

This legislation has been repealed.

PERIODIC DETENTION OF PRISONERS ACT 1981 - SECT 34

34 Regulations

(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act, and in particular, may make regulations for or with respect to:

(a) the control, management and supervision of periodic detainees who are deemed by section 28 to be prisoners,

(b) offences against discipline,

(c) the adoption, for the purposes of this Act, of any regulations made under the Correctional Centres Act 1952 ,

(d) the suspension of the application of any specified provisions of the Correctional Centres Act 1952 to periodic detainees,

(e) the granting of leave of absence under section 20, including regulations for or with respect to the circumstances in which leave of absence may be granted and the duration of leave of absence,

(e1) without limiting paragraph (e), requirements to be observed by periodic detainees requesting, or directed to take, leave of absence for health reasons, including regulations requiring periodic detainees to undergo medical examinations (whether during a detention period or at another time) by a Government Medical Officer,

(f) the transmission of warrants, notices or orders under this Act,

(g) the giving of notice to the Commissioner when an appeal is lodged against a sentence of imprisonment in respect of which an order for periodic detention has been made or when a periodic detainee is dealt with under section 25, otherwise than on application by the Commissioner,

(h) the procedure to be followed in any proceedings under section 25,

(i) the manner in which periodic detainees are to report to prison and the admission to prison, identification and searching of periodic detainees,

(j) requirements to be observed by periodic detainees who are directed under section 10 (1) (b) to perform work, whether in a prison or at a place outside a prison,

(k) the transfer, under section 18, of periodic detainees to whom that section applies and the issue of authorities for the transfer of such periodic detainees,

(l) any forms required for the purposes of this Act,

(m) the persons who may supervise periodic detainees, including the appointment and remuneration of those persons and the conduct of those persons,

(n) requiring periodic detainees to undergo breath tests, to supply specimens of urine and to undergo other tests and provide other specimens in connection with the good order, discipline and health of detainees, and

(o) the analysis of any such test or specimen and the admission as prima facie evidence in any proceedings of certificates relating to the results of any such analysis.

(1A) A regulation may create an offence (not being an offence against discipline) punishable by a penalty not exceeding 5 penalty units.

(1B) A regulation may declare that an offence against section 33 is an offence against discipline.

(1C) A regulation may provide that an offence against discipline is punishable:

(a) by caution or reprimand, or

(b) by deprivation of specified amenities or privileges for a period not exceeding 4 detention periods.

(1D) If a person is punished for an offence against discipline in a manner referred to in subsection (1C), the person is not liable to any further proceedings for the alleged offence.

(1E) In this section:
"Government Medical Officer" means a person (or nominee of the person) who holds an office for the time being determined by the Public Employment Office to be an office of Government Medical Officer for the purposes of the Public Sector Management Act 1988 .

(2) A provision of a regulation may:

(a) apply generally or be limited in its application by reference to specified exceptions or factors, or

(b) apply differently according to different factors of a specified kind,

or may do any combination of those things.