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Corrections Act 1986
54APower of Secretary to withdraw privileges
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54A Power of Secretary to withdraw privileges
S. 54A(1) amended by No. 45/1996 s. 17(Sch. 1 item 36).
(1) If the Secretary is satisfied that—
(a) an investigation into whether a prisoner committed a prison offence is being carried out; or
(b) a prisoner has been charged under section 50(5)(d) with a prison offence; or
(c) steps have been taken to have an alleged prison offence dealt with under the criminal law—
the Secretary may withdraw one or more of the prisoner's privileges for such period as the Secretary thinks fit.
S. 54A(2) amended by No. 45/1996 s. 17(Sch. 1 item 36).
(2) The Secretary may only withdraw a prisoner's privileges under subsection (1) if he or she is satisfied that it is necessary to do so in the interests of the management, good order and security of the prison concerned.
(3) The withdrawal of privileges under subsection (1) does not affect the imposition of any other penalties under this Part or under the criminal law in respect of the prison offence.
Pt 8 (Heading) amended by No. 44/1991 s. 6(g).
Part 8—Temporary absence from prison
Division 1—Definitions
55 Definitions
(1) In this Part—
S. 55(1) def. of *approved programme* repealed by No. 45/1996 s. 15.
S. 55(1) def. of *Board* repealed by No. 64/2017 s. 3(2).
***parole period*** means a period beginning on the day on which a person is released from prison on parole and ending at the end of the person's prison sentence;
S. 55(1) def. of *pre-release permit* repealed by No. 44/1991 s. 6(h).
S. 55(1) def. of *presiding deputy chairperson* inserted by No. 12/2014 s. 7.
***presiding deputy chairperson*** means—
(a) if only one member of the Board is appointed as a deputy chairperson, that deputy chairperson; or
(b) if more than one member of the Board is appointed as a deputy chairperson—
(i) the deputy chairperson nominated by the chairperson of the Board; or
(ii) if no deputy chairperson has been nominated or the nominated deputy chairperson is absent or unable to act—
(A) the deputy chairperson chosen by the procedure determined by the chairperson; or
(B) if no procedure has been determined or the deputy chairperson chosen is absent or unable to act, the deputy chairperson nominated by the Secretary;
S. 55(1) def. of *prison sentence* amended by Nos 44/1991 s. 6(i), 49/1991 s. 119(7)
(Sch. 4 item 3.4(a)(b)).
***prison sentence*** in relation to a person means the total of the following sentences or non‑parole periods which have been imposed or determined in relation to the person, reduced as provided for under this or any other Act—
(a) if a non-parole period has not been fixed in relation to a sentence of imprisonment—the sentence of imprisonment;
(b) if a non-parole period has been fixed in relation to a sentence of imprisonment and the prisoner has not served the non‑parole period—the non-parole period;
(c) if a non-parole period has been fixed in relation to a sentence of imprisonment and the prisoner has served the non‑parole period and is not on parole—so much of the sentence as the board determines for the purposes of this definition.
S. 55(2) repealed by No. 44/1991 s. 6(j).
Pt 8 Div. 1A (Heading and ss 55A–55J) inserted by No. 45/2001 s. 15.