112Regulations

112 Regulations (1) The Governor in Council may, subject to disallowance by Parliament, make regulations for or with respect to any of the following matters— (a) the management, good order and security of prisons and locations and the discipline and welfare of prisoners and offenders, the privileges of prisoners and the procedures for hearing and dealing with prison offences and acts of misconduct by offenders; S. 112(1)(aa) inserted by No. 15/1989 s. 30(1), amended by No. 59/2015 s. 22. (aa) the management, good order and security of police gaols and the discipline and welfare of people detained in them, and the procedures for investigating, hearing and dealing with offences and acts of misconduct committed in a police gaol, or in the vicinity of a police gaol and within a police station, by people detained in police gaols; S. 112(1)(ab) inserted by No. 45/2014 s. 5. (ab) the prohibition and regulation of smoking in a prison or in any part of a prison; S. 112(1)(ac) inserted by No. 45/2014 s. 5. (ac) the prohibition and regulation of entry, use and possession of tobacco products and tobacco smoking accessories in a prison or in any part of a prison; S. 112(1)(ad) inserted by No. 31/2017 s. 12. (ad) the exemption of persons or classes of persons from the operation of section 32A(1); S. 112(1)(ae) inserted by No. 35/2020 s. 48. (ae) the management, treatment, accommodation and detention of persons subject to a Commonwealth continuing detention order or a Commonwealth interim detention order; S. 112(1)(b) amended by No. 16/1991 s. 17(a). (b) the establishment of training institutions for officers under Part 5 or Part 9; S. 112(1)(ba) inserted by No. 16/1991 s. 17(b). (ba) the training, discipline and conduct of officers; S. 112(1)(c) amended by No. 15/1989 s. 30(2). (c) the medical and dental testing and treatment (including vaccination) of prisoners, offenders and people detained in police gaols; S. 112(1)(d) amended by No. 15/1989 s. 30(3). (d) the manner of dealing with property belonging to, sent to, or delivered for prisoners and people detained in police gaols and restrictions on the storage in a prison of property belonging to prisoners and people detained in police gaols; (e) the classification of prisoners; S. 112(1)(f) amended by No. 15/1989 s. 30(4). (f) how and for what purposes prisoners and people detained in police gaols may be placed under restraint and how, where, for how long and in what circumstances prisoners and people detained in police gaols or classes of prisoners and people detained in police gaols may be separated from each other; (g) searches under this Act, and the manner of dealing with property seized, including the forfeiture of property to the Crown; (h) the work to be done by, or made available for prisoners and offenders, the remuneration (if any) for that work, the issue possession and use of tools and equipment by prisoners and offenders, and the payment of gratuities to prisoners or offenders where no work is available; S. 112(1)(ha) inserted by No. 45/1996 s. 6. (ha) access to and operation of prison industries and prison industry sites; S. 112(1)(i) amended by Nos 45/1996 s. 16, 10/2013 s. 36(1), 64/2017 s. 23(1). (i) the moneys which may be paid to or received by prisoners or held for prisoners by officers at a prison, the extent to which and the purposes for which prisoners may spend or use moneys earned or received by them or held for them and the extent to which moneys held for a prisoner must be retained until the release of the prisoner from custody and the procedures for investment of those retained moneys and providing that prisoners are not entitled to any interest or other proceeds from the investment of those retained moneys and providing that the Secretary may approve the expenditure of that interest or other proceeds from the investment of those retained moneys or from earnings retained under an agreement with the Secretary for purposes related to assisting victims (within the meaning of paragraph (a), (b) or (c) of the definition of ***victim*** in section 30A(1)) or their family members (as defined in section 30A(1)); S. 112(1)(ia) inserted by 64/2017 s. 23(2). (ia) without limiting paragraph (i), the entering into agreements between the Secretary and a prisoner who has been assessed by the Secretary as suitable to undertake paid employment outside a prison; S. 112(1)(j) amended by No. 15/1989 s. 30(5)(a)(b). (j) communication by or with prisoners and people detained in police gaols, visits to prisons and police gaols and the facilities and accommodation to be provided for families, children and close friends of prisoners; S. 112(1)(k) amended by No. 45/2001 s. 21, repealed by No. 53/2007 s. 19(1). (l) the circumstances in which dogs may be approved for use by prison officers in accordance with this Act; (m) the notices returns and information to be given and the records and registers to be kept for the purposes of this Act; S. 112(1)(ma) inserted by No. 14/2004 s. 11. (ma) the establishment and keeping of a victims register; S. 112(1)(mb) inserted by No. 14/2004 s. 11. (mb) the manner of application for registration by persons wishing to be included on the victims register; S. 112(1)(mc) inserted by No. 14/2004 s. 11. (mc) the manner and circumstances in which a person may be removed from the victims register; S. 112(1)(md) inserted by No. 14/2004 s. 11. (md) matters to be included in victim submissions; S. 112(1)(me) inserted by No. 50/2008 s. 6. (me) matters to be included in applications and notices under Part 9C; S. 112(1)(mf) inserted by No. 10/2013 s. 36(2). (mf) police custody transfer orders; S. 112(1)(n) amended by Nos 44/1991 s. 6(n), 53/2003 s. 19, 48/2011 s. 10, 12/2014 s. 20(2). (n) parole orders (including mandatory and other terms and conditions of parole orders) and the procedure of the Parole Board; S. 112(1)(o) amended by No. 15/1989 s. 30(6). (o) authorized absences by prisoners and the transfer of prisoners and people detained in police gaols; (p) the ways in which a sheriff may carry out a function power or duty in relation to prisons or the confinement or release of prisoners; (q) the removal of prisoners from prison in the interests of justice, and the custody of prisoners whilst absent from prison; S. 112(1)(qa) inserted by No. 12/2014 s. 18. (qa) prescribing a firearm or a type of firearm to be a non-lethal firearm; S. 112(1)(r) substituted by No. 44/1991 s. 4(2). (r) the reduction of the length of a sentence of imprisonment or of the non-parole period, if one has been fixed in respect of the sentence, on account of good behaviour while the person serving the sentence is suffering disruption or deprivation— (i) during an industrial dispute or emergency existing in the prison or police gaol in which the sentence is being served; or (ii) in other circumstances of an unforeseen and special nature; (s) the issue of authorities under section 15, the conditions to which authorities are subject, and the manner and circumstances in which persons may exercise the powers which they are authorized to exercise; S. 112(1)(sa) inserted by No. 53/2007 s. 19(2). (sa) the establishment of bodies for the purpose of carrying out functions under the regulations; (t) prescribing forms; (u) generally prescribing any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act. (2) The regulations— (a) may be of general or limited application; and (b) may differ according to differences in time place or circumstances; and S. 112(2)(c) amended by No. 45/1996 s. 17(Sch. 1 item 67). (c) may confer discretions or powers or impose duties in connection with the regulations on the Secretary, a Governor, a Regional Manager, an officer employed in the administration of this Act, a volunteer, a prisoner or an offender; and S. 112(2)(d) amended by No. 45/1996 s. 17(Sch. 1 item 67). (d) may confer power on the Secretary, a Governor or a Regional Manager to grant exemption from the regulations, to impose conditions subject to which the exemption is granted and to revoke or vary the exemption; and (e) may apply or incorporate by reference any document formulated in accordance with the regulations and concerning the conduct of officers under Part 5 or Part 9, prisoners or offenders, the privileges of prisoners or the routine of a prison or a location; and (f) may impose penalties not exceeding 10 penalty units for contravention of the regulations. S. 112(3) amended by No. 45/1996 s. 17(Sch. 1 item 67). (3) If a Governor or a Regional Manager grants or varies an exemption under a power conferred by the regulations the Governor or the Regional Manager must as soon as possible report details of the exemption or variation to the Secretary. S. 112(4) amended by No. 45/1996 s. 17(Sch. 1 item 67). (4) The Secretary may by instrument given to the Governor or Regional Manager revoke or vary an exemption granted by the Governor or Regional Manager. S. 112(5) repealed by No. 45/1996 s. 7(d). S. 112A inserted by No. 53/2007 s. 20.