Explanatory Statement Justice (Corrections) and Other Legislation Amendment Bill 2011 (Serial 167)
Tabled paper 1310
Tabled papers for 11th Assembly 2008 - 2012; Tabled papers; ParliamentNT
Tabled By Gerald McCarthy
Made available by the Legislative Assembly of the Northern Territory under Standing Order 240. Where copyright subsists with a third party it remains with the original owner and permission may be required to reuse the material.
Page 5 Clause 18 Section 5 amended This clause repeals the current definition of monitoring device in section 5 of the Prisons (Correctional Services) Act, and inserts new definitions for approved monitoring device, which means a device approved by the Director under new section 94BA of the Prisons (Correctional Services) Act (see clause 21), and a definition of approved voice recognition system which means a voice recognition system also approved by the Director under new section 94BA. Section 5 will also include a definition of community based order which will be found in new section 39B(1) of the Sentencing Act (inserted by clause 28 of this Bill); and a community custody order which will be found in new section 48B(1) of the Sentencing Act (inserted by clause 29 of this Bill). Section 5 will also include a new definition of monitoring order which includes a community based order, a community custody order, or a home detention order in Part 3 Division 5 Subdivision 2 of the Sentencing Act. QfMause 19 Section 7 replaced Section 7 currently provides for the power to delegate the responsibilities of the Director of Correctional Services. This section is redrafted and simplified so that it complies with modern drafting style. This clause does not amend the effect of the current section 7. Clause 20 Section 65G amended Section 65G of the Prisons (Correctional Services) Act is amended so that the current penalty for breaching an interstate custodial permit will be changed from $10,000 to a maximum penalty of 200 penalty units (which at the time of introduction of the Bill is 200 x $133), in addition to the already existing 2 years imprisonment. Clause 21 Section 94B and 94C replaced This clause replaces sections 94B and 94C of the Prisons (Correctional Services) Act. These amendments make changes to and clarify the procedures currently in the Act. By virtue of clauses 4,12 and 20 of this Bill, these powers apply to surveillance officers supervising accused persons subject to electronic monitoring and voice recognition bail conditions, parolees subject to /'"''electronic monitoring and voice recognition conditions while on parole, and to offenders on community based orders, community custody orders and home detention orders under the Sentencing Act. New section 94B provides that the Director may appoint a person who is not a probation officer under the Act to be a paid or unpaid surveillance officer to ensure that a person complies with monitoring orders made in respect of him or her. The amendment retains the effect of current section 94B(1). New section 94BA enables the Director of Correctional Services to approve a monitoring device or voice recognition system for helping to monitor the activities of persons for whom monitoring orders are made. The definition of monitoring order is found in section 5 as amended by clause 18 of the Bill. New subsection 94BA(2) provides that approval may be given for a monitoring device or a voice recognition system whether or not it is used with another device, machine or equipment.
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