47CAll other letters and parcels may be opened and read

47C All other letters and parcels may be opened and read An officer within the meaning of Part 5 may open, inspect and read a letter or parcel sent to, or received by, a prisoner by or from any person who is not listed or referred to in section 47(1)(m) to determine whether or not the contents of the letter or parcel may jeopardise the safety and security of the prison, the safe custody and welfare of any prisoner or the safety of the community. S. 47CA inserted by No. 35/2020 s. 49. 47CA Certain letters and other items may be copied and disposed of (1) A designated officer may make a true copy of any letter or other item capable of being copied that is sent to or received by a prisoner by or from any person not listed or referred to in section 47(1)(m). (2) If a designated officer has made a copy under subsection (1), the officer— (a) subject to this Division, must provide the copy to the prisoner; and (b) must notify the prisoner as soon as practicable that the original letter or item has been forfeited to the State; and (c) may dispose of the original letter or item in any manner the officer considers to be appropriate. (3) If a letter or item is copied under subsection (1)— (a) in the case of a letter, the copy may be dealt with under section 47D as if it were the original letter; and (b) the original letter or item is forfeited to the State. (4) For the purposes of subsection (1), the designated officer— (a) must make a colour copy if the original letter or item appears in colour and it is reasonably practicable to make a colour copy; and (b) may make a copy in an electronic form. (5) In this section, ***designated officer*** means— (c) an employee in the public service working in a prison or with prisoners. S. 47D (Heading) substituted by No. 97/2004 s. 3(1), amended by No. 45/2019 s. 26(1). S. 47D inserted by No. 45/2001 s. 33. 47D When letters and parcels may be stopped and censored S. 47D(1) amended by Nos 97/2004 s. 3(2), 45/2019 s. 26(2)(a). (1) This section applies if the Governor reasonably believes that any letter or parcel to be sent by a prisoner to, or sent to a prisoner by, any person who is not listed in section 47(1)(m)— (a) is a threat to prison security; or S. 47D(1)(ab) inserted by No. 12/2014 s. 6, amended by No. 45/2019 s. 26(2)(a). (ab) in the case of a letter or parcel sent by a prisoner to another prisoner or a former prisoner, may be a threat to the good order, management or security of a prison or prisoner; or S. 47D(1)(ac) inserted by No. 12/2014 s. 6, amended by No. 45/2019 s. 26(2)(a). (ac) in the case of a letter or parcel sent to a prisoner by another prisoner or a former prisoner, may be a threat to the good order, management or security of a prison or prisoner; or S. 47D(1)(ad) inserted by No. 45/2019 s. 26(2)(b). (ad) in the case of a letter or parcel sent to a prisoner by a person who the Governor reasonably believes does not know the prisoner, may place that person at risk of exploitation or manipulation; or (b) may be of a threatening or harassing nature; or (c) may be being used to further an unlawful activity or purpose; or S. 47D(1)(d) amended by Nos 97/2004 s. 3(3), 53/2007 s. 17, 45/2019 s. 26(2)(c). (d) contains indecent, abusive, threatening or offensive written or pictorial matter, or written or pictorial matter or any other thing that may be regarded by a victim as distressing or traumatic, or an indecent, obscene or offensive article or substance; or S. 47D(1)(e) inserted by No. 97/2004 s. 3(4). (e) contravenes or would contravene section 47H. (2) The Governor may— S. 47D(2)(a) amended by No. 45/2019 s. 26(3)(a). (a) if the belief concerns the whole letter or parcel, stop the letter or parcel from being sent or received by the prisoner; or S. 47D(2)(b) amended by No. 45/2019 s. 26(3)(b). (b) if the belief concerns only part of a letter, cause the relevant part of the letter to be censored; or S. 47D(2)(c) inserted by No. 45/2019 s. 26(3)(c). (c) if the belief concerns only part of a parcel, stop the relevant part of the parcel from being sent or received by the prisoner. S. 47D(3) inserted by No. 45/2019 s. 26(4). (3) The Governor may, in relation to a letter to be sent by a prisoner— (a) notify the prisoner of the Governor's reasonable belief concerning the letter; and (b) give the prisoner an opportunity to rewrite the letter in order that the letter is not stopped or censored under subsection (2). S. 47DA (Heading) amended by No. 45/2019 s. 27(1). S. 47DA inserted by No. 53/2007 s. 18, amended by No. 45/2019 s. 27(2). 47DA Offence for prisoner to send distressing or traumatic letters and parcels A prisoner must not send or cause to be sent, or attempt to send or cause to be sent, a letter or parcel to a victim who is not listed in section 47(1)(m) if the prisoner knows, or ought reasonably to know, that the letter or parcel contains written or pictorial matter or any other thing that may be regarded as distressing or traumatic by the victim or any other victim who might reasonably receive it. 1. 6 months imprisonment. S. 47DB inserted by No. 45/2019 s. 28. 47DB Governor may place parcels in storage (1) The Governor may place in storage on behalf of a prisoner any parcel sent to the prisoner instead of providing it to the prisoner. (2) If the Governor places a parcel in storage under subsection (1), the Governor must advise the prisoner in writing of the receipt and storage of the parcel. (3) A parcel placed in storage under subsection (1) forms part of the prisoner's property for the purposes of this Act and the regulations. S. 47E (Heading) amended by No. 45/2019 s. 29(1). S. 47E inserted by No. 45/2001 s. 33.