Western Australian Current Regulations Western Australian Current Regulations (1) The chief
executive officer may issue a direction specifying the maximum amount of a
prisoner’s property that can be transferred with the prisoner from one
prison to another.
(2) Upon the transfer
of a prisoner with his or her property, the provisions of regulation 35
are to be applied at the prison to which he or she is transferred as if the
prisoner had been admitted to that prison.
(3) If a
prisoner’s property to be transferred exceeds the allowed maximum under
subregulation (1), the superintendent of the prison where the property is
held shall —
(a)
inform the prisoner, in writing, that not all the property can be transferred
with the prisoner because it exceeds the allowed maximum; and
(b)
request the prisoner, in writing, —
(i)
to nominate the items of property that are not to be
transferred with the prisoner; and
(ii)
to arrange for those items to be removed within a time
specified in that request.
(4) If the items
nominated under subregulation (3)(b)(i) have not been removed within the
time specified under subregulation (3)(b)(ii), the superintendent shall
impound that property and, subject to any directions of the chief executive
officer and to subregulation (5), dispose of that property under
regulation 37 as if it were abandoned property.
(5) The superintendent
shall ensure that —
(a) the
disposal of a prisoner’s property under subregulation (4) is
recorded in the inventory of the prisoner’s property; and
(b) if
the disposal is by way of public auction, the net proceeds from the sale of
that property are credited to the prisoner’s account.
[Regulation 36D inserted: Gazette
11 Feb 2003 p. 415‑16.]