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Corrective Services Act 2006
sec.406Act or omission that is a breach of discipline before commencement
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### sec.406 Act or omission that is a breach of discipline before commencement
This section applies to an act done or omission made by a prisoner before the commencement that—
was a breach of discipline under the 2000 Act as in force immediately before the commencement; and
had not been finally dealt with under that Act before the commencement.
Previous chapter 3, part 1 (the applied discipline procedure ) applies in relation to the act or omission as if this Act had not been enacted.
For the applied discipline procedure—
a reference in previous section 86(4) to the person in charge of a corrective services facility is taken to be a reference to the person the chief executive considers is the most appropriate person at the corrective services facility to whom the commissioner’s advice should be given; and
a reference in previous section 86(7) to an approved form is taken to be a reference to the relevant form approved under the 2000 Act.
Despite subsection (2), previous section 90 does not apply, but the chief executive must comply with section 120 for a decision, and any review of a decision, in relation to the act or omission under the applied discipline procedure.
(sec.406-ssec.1) This section applies to an act done or omission made by a prisoner before the commencement that— was a breach of discipline under the 2000 Act as in force immediately before the commencement; and had not been finally dealt with under that Act before the commencement.
(sec.406-ssec.2) Previous chapter 3, part 1 (the applied discipline procedure ) applies in relation to the act or omission as if this Act had not been enacted.
(sec.406-ssec.3) For the applied discipline procedure— a reference in previous section 86(4) to the person in charge of a corrective services facility is taken to be a reference to the person the chief executive considers is the most appropriate person at the corrective services facility to whom the commissioner’s advice should be given; and a reference in previous section 86(7) to an approved form is taken to be a reference to the relevant form approved under the 2000 Act.
(sec.406-ssec.4) Despite subsection (2), previous section 90 does not apply, but the chief executive must comply with section 120 for a decision, and any review of a decision, in relation to the act or omission under the applied discipline procedure.
- (a) was a breach of discipline under the 2000 Act as in force immediately before the commencement; and
- (b) had not been finally dealt with under that Act before the commencement.
- (a) a reference in previous section 86(4) to the person in charge of a corrective services facility is taken to be a reference to the person the chief executive considers is the most appropriate person at the corrective services facility to whom the commissioner’s advice should be given; and
- (b) a reference in previous section 86(7) to an approved form is taken to be a reference to the relevant form approved under the 2000 Act.