AustLII Tasmanian Numbered Regulations

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CORRECTIONS AMENDMENT REGULATIONS 2006 (S.R. 2006, NO. 128) - REG 4

Regulation 18A inserted

After regulation 18 of the Principal Regulations , the following regulation is inserted in Part 3:

18A.     Return of property after release

(1)  This regulation applies if any property of a prisoner or detainee (in this regulation referred to as "the released person") is not, for any reason, taken by or returned to him or her on release.
(2)  As soon as practicable after becoming aware that the property has not been taken or returned, the Director is to send the released person a notice advising –
(a) that the property is still being held; and
(b) what the property consists of; and
(c) that the released person, within a period of not less than 30 days specified in the notice, may arrange with the Director to –
(i) collect the property in person; or
(ii) have someone collect the property on the released person's behalf; or
(iii) have the property sent to the released person, or to an address nominated by the released person, at his or her expense; and
(d) that, in the absence of such an arrangement, the property will be disposed of; and
(e) where, for the purposes of collection, the property is held; and
(f) such other matters as the Director thinks fit in the circumstances.
(3)  The notice is to be sent to the address of the released person last known to the Director.
(4)  The released person may arrange for the property to be collected or forwarded in accordance with the terms of the notice.
(5)  However, the property may be disposed of in such manner as the Director thinks fit if –
(a) the released person fails to make such an arrangement; or
(b) the Director is unable to send the notice at all because he or she does not have an address for the released person and is unable, after making reasonable enquiries, to discover such an address.
(6)  Any money received from the sale of property under this regulation is to be paid into the Consolidated Fund.

Displayed and numbered in accordance with the Rules Publication Act 1953 .

Notified in the Gazette on 29 November 2006

These regulations are administered in the Department of Justice.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations amend the Corrections Regulations 1998 so as to provide for the return or disposal of property that, for any reason, has not been collected by or returned to prisoners at the time of their release from custody.


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