Corrections Act 1997
8ASurrender of prison service equipment, &c.
Start here
Get a plain-English read of 8A
Turn the raw legal text into a practical explanation grounded in Corrections Act 1997.
8A Surrender of prison service equipment, &c.
[Section 8A Inserted by No. 52 of 2016, s. 8, Applied:01 Dec 2017]
(1) In this section –
item of identification includes –
(a) an access pass; and
(b) a security pass; and
(c) a tag;
prescribed period means –
(a) in respect of an item of identification, equipment, clothing or insignia, the 7-day period immediately following the day on which the relevant person ceases to be a correctional officer or State Service corrections employee, or such longer period as the Director, by notice in writing given before or during that 7-day period, may allow the person; and
(b) in respect of a firearm or ammunition, the 24-hour period immediately after the relevant person ceases to be a correctional officer or State Service corrections employee.
(2) This section applies to a person who ceases for any reason to hold an appointment or employment as a correctional officer or State Service corrections employee.
(3) The person must surrender to the Director, within the prescribed period –
(a) all firearms and ammunition; and
(b) all items of identification, equipment, clothing and insignia –
that were on issue to that person as a correctional officer or State Service corrections employee immediately before he or she ceased to hold that appointment or employment.
Penalty: Fine not exceeding 20 penalty units or imprisonment for a term not exceeding 3 months.
(4) However, subsection (3) does not apply to the person in respect of an item of identification, equipment, clothing or insignia if it is an item of a kind that, under the standing orders in force at the relevant time, the person may retain on ceasing to hold the relevant appointment or employment.
(5) If the person fails to surrender an item of identification, equipment, clothing or insignia as required by , the Director, as soon as practicable after the prescribed period, is to give the person a notice requiring that the item be surrendered to the Director forthwith or within such time as he or she considers reasonable in the circumstances and specifies in the notice.