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©State of Queensland
QUEENSLAND
WEEKEND DETENTION ACT
1970-1984[Reprinted as at 1 August, 1985]
Weekend Detention Act 1970, No. 11 As amended by
Weekend Detention Act Amendment Act 1983, No. 15 Weekend Detention Act Amendment Act 1984, No. 60
An Act to Make Provision for the Imposition of Weekend Detention
[ASSENTED TO 13 APRIL, 1970]
BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:-
1. Short title. This Act may be cited as the Weekend Detention Act 1970.
Collective title conferred by Act of 1984, No. 60, s. 1 (3).
2. Commencement of Act. This Act shall come into operation on a date to be fixed by the Governor in Council by Proclamation published in the Gazette.
Commenced 1 August 1970 (Proc. pubd. Gaz. 27 June 1970, p. 1259).
3. Meaning of terms. ( 1) In this Act, unless the contrary intention appears-
"Clerk of the Court" has the same meaning as it has in The Justices Acts 1886 to 1968;
"lock-up" includes a police watchhouse;
"prison" means a prison within the meaning of the Prisons Act 1958-1969;
"Registrar of the Court" includes a Deputy Registrar or a Registrar at a District Registry: The term includes a person for the time being occupying or performing the duties of any such office;
"the Court" means any Court of the State of Queensland, including any Commission, Tribunal, Judge, Magistrate or person whomsoever, empowered under any law of the State to
2 s.4 WEEKEND DETENTION ACT 1970-1984 s. 5
impose a sentence of imprisonment, with or without hard labour;
"weekend" means a number of consecutive hours being not less than forty-four hours nor more than forty-eight hours commencing at a time, specified in accordance with this Act, after noon on a Friday;
"weekend detention" in relation to a person upon whom a sentence of weekend detention is imposed, means detention in a prison or lock-up for the number of consecutive weekends specified in accordance with this Act.
(2) For the purpose of relating weekend detention to the period of a sentence of imprisonment, a weekend shall count as two days.
(3) Unless the contrary intention appears, a reference in this Act to a notice includes a reference to an amended notice specified in subsection (2) of section 8 ·of this Act.
As amended by Act of 1984, No. 60, s. 3.
4. (Repealed).
Repealed by Act of 1984, No. 60, s. 3.
S. Court order for weekend detention. (1) The Court, in imposing a sentence of weekend detention, shall, in relation to the person upon whom the sentence is imposed, specify in its order-
(a) the number of consecutive weekends to be served;
(b) the number of consecutive hours to be served each weekend;
(c) the prison or lock-up at which the weekend detention shall be served;
(d) the date of and time after noon on the Friday on which the sentence of weekend detention shall commence; and (e) the time after noon on each Friday during the currency of
the sentence when that person shall report to the person at the time in charge of the prison or lock-up.
(2) Weekend detention imposed pursuant to an order for weekend detention under this Act shall not exceed the period of the sentence of imprisonment that the Court may otherwise lawfully impose.
In computing the period, regard shall be had to the provisions of subsection (2) of section 3 of this Act.
(3) If at the time the sentence of weekend detention is imposed, neither the person upon whom it is imposed nor his counsel, solicitor or agent is present, a copy of the minute of the Court order shall be given to that person and a copy of such minute shall be given to the person at the time in charge of the prison or lock-up named in the order.
This provision shall not derogate from the provisions of The Justices Acts 1886 to 1968, except that the copy of the minute of the Court
s.6 WEEKEND DETENTION ACT 1970-1984 s. 8 3
order shall be given pursuant to this Act to the person upon whom the sentence of weekend detention is imposed in lieu ofbeing given pursuant to The Justices Acts 1886 to 1968.
6. (Repealed).
Repealed by Act of 1984, No. 60, s. 3.
7. Court order for weekend detention upon default. (1) The Court, in imposing a sentence of weekend detention in default of the payment of a fine or sum of money, the doing of an act or the compliance with an order, shall, in relation to the person upon whom the sentence is imposed, specify in its order-
(a) the number of consecutive weekends to be served;
(b) the number of consecutive hours to be served each weekend;
(c) the prison or lock-up at which the weekend detention shall be served;
(d) the time after noon on the Friday on which the sentence of weekend detention shall commence; and
(e) the time after noon on each Friday during the currency of the sentence when that person shall report to the person at the time in charge of the prison or lock-up,
upon such default being made.
(2) Weekend detention imposed in default. ofthe payment of a fine or sum of money, the doing of an act or the compliance with an order shall not exceed the period of the sentence of imprisonment that the Court may otherwise lawfully impose upon such default being made.
In computing the period, regard shall be had to the provisions of subsection (2) of section 3 of this Act.
(3) If at the time the sentence of weekend detention is imposed in default of the payment of a fine or sum of money, the doing of an act or the compliance with an order, neither the person upon whom it is imposed nor his counsel, solicitor or agent is present, a copy of the minute of the Court order shall be given to that person.
This provision shall not derogate from the provisions of The Justices Acts 1886 to 1968, except that the copy of the minute of the Court order shall be given pursuant to this Act to the person upon whom the sentence of weekend detention is imposed upon any default being made as aforesaid in lieu of being given pursuant to The Justices Acts 1886 to 1968.
8. Upon default in compliance with Court order, notice to be given.
(1) Where the Court has imposed a sentence of weekend detention in default of compliance in any respect with its order and' such default is
4 s. 8 WEEKEND DETENTION ACT 1970-1984 s. 8
made, the Court or Registrar of the Court or Clerk of the Court shall give to the person obliged by the order a notice specifying-
(a) the manner in which default has been made in respect of the Court order;
(b) each of the particulars required to be specified in the Court order pursuant to section 7 of this Act; and
(c) the date of the Friday on which the sentence of weekend detention shall commence.
(2) Where prior to the giving of a notice pursuant to the preceding subsection part of the fine or sum of money ordered to be paid is paid, the sentence of weekend detention otherwise to be served shall be reduced to the number of weekends that bears to the total number of weekends ordered to be served, as nearly as possible, the proportion that the amount still to be paid on account of the fine or sum of money bears to the amount of the fine or sum of money ordered to be paid, and there shall be specified in such notice the number of consecutive weekends to be served, reduced as aforesaid.
Where subsequent to the giving of a notice pursuant to the preceding subsection part of the fine or sum of money ordered to be paid is paid, the sentence of weekend detention otherwise to be served shall be reduced as prescribed by the first paragraph of this subsection, and the Court or Registrar of the Court or Clerk of the Court shall give to the person obliged by the order of the Court an amended notice specifying the number of consecutive weekends to be served, reduced as aforesaid.
(3) Where a sentence of weekend detention is reduced in accordance with any provision of the last preceding subsection the person on whom the sentence was imposed shall not be required to serve a sentence longer than the sentence as so reduced.
For the purpose of calculating the number of weekends during which a person is to be detained under a sentence of weekend detention which is reduced in accordance with any provision of the last preceding subsection, a part of a weekend shall not be disregarded but shall be treated as the fraction of a weekend it truly represents save where the number of weekends still to be served by him in detention is less than one in which case-
(a) if such part is one-half of a weekend or greater, detention as for one weekend shall be served in respect thereof;
(b) if such part is less than one-half of a weekend, that part shall be disregarded.
(4) Where a notice is given pursuant to this section, there shall be given, as soon as practicable thereafter, a copy thereof to the person at the time in charge of the prison or lock-up named in the Court order in question.
(5) Where subsequent to the giving of a notice pursuant to this section the order of the Court whereby a sentence of weekend detention was imposed on any person is complied with (subject to this section)
s. 9 WEEKEND DETENTION ACT 1970-1984 s. lOA 5
the order shall not be further enforced against the person obliged thereunder and the person at the time in charge of the prison or lock- up wherein that person was theretofore required to serve the sentence pursuant to the Court order shall be notified accordingly.
If at the time of such notification the person obliged under the Court order in question is detained in the prison or lock-up under that order and for no other lawful cause he shall be forthwith released.
( 6) The provisions of this section shall not prejudice the application of the provisions of subsection (6) of section 19 of The Criminal Code where, pursuant to this Act, the Court imposes a sentence of weekend detention in lieu of a sentence of imprisonment upon default being made in the payment of a fine.
9. Commencement date of weekend detention to be discretionary.
The date of the Friday, as specified in an order or notice under this Act, on which a sentence of weekend detention shall commence may be that of a Friday other than the Friday immediately following the date of the imposition of the sentence of weekend detention or the time when default is made in compliance in any respect with the order of the Court imposing the sentence of weekend detention, as the case may be.
10. Sentenced person to report, etc. A person sentenced to weekend detention shall-
(a) report at the date and time and to the prison or lock-up specified in the Court order or the notice;
(b) perform such duties in the prison or lock-up as the person at the time in charge thereof from time to time directs.
lOA. Removal to another prison for sufficient cause. (1) A person sentenced to weekend detention who reports to a prison specified in the Court order or the notice may, in respect of the weekend in question, be removed to another prison by order of the Comptroller-General of Prisons.
(2) The Comptroller-General of Prisons may make such an order where he considers it is necessary or desirable to do so having regard to-
(a) accommodation at a prison;
(b) employment of the person in useful labour;
(c) training or rehabilitation of the person;
(d) any other matter he deems relevant.
(3) The order of the Comptroller-General of Prisons shall, additionally, be authority for the return of the person to the prison specified in the Court order or the notice for release at the expiration of the period of detention specified for the weekend in question.
6 s.ll WEEKEND DETENTION ACT 1970-1984 s.13
(4) The person may, if he so requests, be released from the prison to where he was removed by order under subsection (1) at the expiration of the period of detention specified for the weekend in quesion.
(5) Where pursuant to an order under subsection (1) a person is removed to another prison, that prison shall whilst he remains therein be deemed to be the prison specified in the Court order or the notice.
(6) The Comptroller-General of Prisons may order the removal of a person detained in a prison in accordance with this Act to a hospital, clinic, dental hospital, surgery or other place of treatment, and subsequent return therefrom to the prison, where he is satisfied on medical or dental advice that such removal is required for the examination, observation or treatment of the person in question.
(7) A reference in subsection (6) to treatment of the person in question is a reference to medical, optical or dental treatment of that person or treatment of such other nature as the Comptroller-General of Prisons considers necessary in respect of that person having regard to medical or dental advice as aforesaid.
(8) For securing the safe custody of the person while being- ( a) removed to another prison by order under subsection (1)
or to a hospital, clinic, dental hospital, surgery or other place of treatment by order under subsection (6); or (b) returned to the prison specified in the Court order or the
notice in accordance with this section,
the Comptroller-General of Prisons may require such and so many prison officers as he. considers necessary or expedient to have the person in charge at all times whilst being so removed or returned.
Inserted by Aet of 1983, No. 15, s. 3.
11. Period of weekend detention. Subject to subsections (3) and (5) of section 8 of this Act, a person sentenced to weekend detention shall, in respect of each weekend during the currency of that sentence, be detained for the number of consecutive hours specified in the Court order or the notice.
12. Duration of sentence of weekend detention. A sentence of weekend detention shall not be imposed for any number of weekends in excess of twenty-six.
13. Weekend detention in relation to other sentences. (1) A sentence of weekend detention may be made cumulative on any other sentence of weekend detention:
Provided that the total number of weekends during which the person subject to the sentences will be required to be detained under the sentences after the date of the imposition of the further sentence shall not exceed twenty-six.
(2) Where a person sentenced to weekend detention is, during the currency of that sentence, sentenced to a term of imprisonment, he
s. 14 WEEKEND DETENTION ACT 1970-1984 s.14A 7
shall, in respect of any weekend when he would, but for the sentence of imprisonment, be detained in a prison or lock-up pursuant to a Court order or a notice, be deemed to serve the sentence of imprisonment concurrently with the sentence of weekend detention, so that, in respect of each weekend served by him during the term of his imprisonment, he shall be deemed to have been detained for that weekend under the Col,Jrt order or the notice.
14. Variation of terms of order. (1) The Court which imposed a sentence of weekend detention, whether or not constituted by the same member or members who constituted it at the time the sentence was imposed, may, on the application of the person on whom the sentence was imposed or on application on behalf of the Crown or without any application if it appears to the Court there is good reason for so doing, direct that-
(a) such person serve thereafter his detention at a prison or lock-up other than the prison or lock-up specified in the Court order or the notice;
(b) such person report thereafter to the person at the time in charge of the prison or lock-up at a time after noon on each Friday different from the time specified in the Court order or the notice;
(c) such person report thereafter to the person at the time in charge of the prison or lock-up on a Friday different from the Friday specified in the Court order or the notice;
(d) the Court order imposing the sentence of weekend detention be varied in such other manner as it thinks fit.
(2) Where a direction is given pursuant to subsection (1) of this section, the Court order and any notice in relation thereto shall thereafter be read and have effect as so varied pursuant to this section.
(3) As soon as practicable after the giving of a direction pursuant to this section-
(a) the person whose sentence the giving of the direction concerns; and
(b) any person at the time in charge of a prison or lock-up whom the giving of the direction concerns,
shall be notified in writing of the giving of the direction and the terms thereof.
14A. Failure to report to prison excused in certain circumstances.
( 1) The person at the time in charge of a prison to where a person sentenced to weekend detention is to report in respect of a particular weekend (in this section hereafter referred to as "the superintendent") may, on application made by or on behalf of the person so sentenced (in this section hereafter referred to as "the detainee") excuse the detainee
8 s. 15 WEEKEND DETENTION ACT 1970-1984 s.15
from reporting at the prison in respect of the weekend in question where he is satisfied that-
(a) because of-
(i) the hospitalization or illness of the detainee; or
(ii) other emergent circumstances affecting the detainee or his family,
the detainee is reasonably precluded from reporting at the prison as specified in the Court order or the notice; and (b) there is insufficient time for the detainee to make an
application under section 14.
(2) An application under this section may be made and the excusing of the detainee may be communicated to him in such manner as the superintendent considers appropriate in the circumstances.
(3) The detainee excused under this section shall not be deemed to be an escapee pursuant to section 16 by reason only of his failure to report at the prison as specified in the Court order or the notice in respect of the weekend in question, and such weekend shall not be a weekend of his sentence for the purposes of section 15.
(4) Where the detainee is excused under this section, he shall serve an additional weekend of detention in lieu of the one in respect of which he is excused and the Court order or the notice shall be read and construed accordingly; and it is immaterial that the weekends of detention are not consecutive weekends.
(5) A decision by the superintendent to excuse the detainee shall be communicated as soon as practicable after it is made to the registrar or other proper officer of the Court that imposed the sentence of weekend detention.
Inserted by Act of 1983, No. 15, s. 4.
15. Legal custody, etc., of person detained. (1) A person sentenced to weekend detention shall, in respect of every weekend of his sentence of weekend detention from the time on each Friday when he is required to report to the person at the time in charge of the prison or lock-up and until the expiration of the period of detention specified for that weekend,-
(a) in the case of a prison, be deemed to be a prisoner within the meaning of the Prisons Act 1958-1969 and in the legal custody of the person at the time in charge of the prison;
(b) in the case of a lock-up, be deemed to be in a place of legal confinement and in the legal custody of the person at the time in charge of the lock-up.
(2) Subsection (1) applies subject to subsections (3), (4) and (5).
(3) Where the person is removed to another prison by order under section 1 OA ( 1 ), he shall be deemed to be in the legal custody of the
s.16 WEEKEND DETENTION ACT 1970-1984 s.16 9
person at the time in charge of that prison during the period of his detention therein.
( 4) Where the person is being removed from a prison specified in the Court order or the notice to another prison pursuant to subsection ( 1) of section 1 OA or is being returned to the prison from another prison pursuant to subsection (3) of that section, he shall be deemed to be in the legal custody of the person at the time in charge of the prison from where he is being removed or returned until he is received by the person at the time in charge of the prison to where he is being removed or returned, as the case may be.
( 5) Where the person is being removed from a prison specified in the Court order or the notice to, or is at, a hospital, clinic, dental hospital, surgery or other place of treatment or is being returned therefrom to the prison pursuant to subsection (6) of section lOA, he shall be deemed to be in the legal custody of the person at the time in charge of that prison.
( 6) A person who is deemed to be in legal custody pursuant to subsection (4) or (5) and who escapes from such legal custody shall be deemed to be a person so escaped notwithstanding the expiration of the period of weekend detention to be served on the weekend in question, and the provisions of section 16 applicable to a person to whom subsection ( 1) of that section is referable are, to the extent that they may be, applicable to a person as aforesaid.
As amended by Act of 1983, No. 15, s. 5.
16. Escape from prison or lock-up. (1) A person sentenced to weekend detention who fails to report to the person at the time in charge of the prison or lock-up specified in the Court order made or notice given pursuant to this Act on the date of and at the time after noon on any Friday specified therein shall be deemed thereupon to be a prisoner who escapes from or out of that prison and from the legal custody of the person at the time in charge of the prison or a person who escapes out of a place of legal confinement as the case may be.
Such person shall thereafter be deemed to be a person so escaped notwithstanding the expiration of the period of weekend detention to be served on the weekend in question.
(2) A person who escapes pursuant to subsection (1) of this section shall, without any specific order or any authority other than this Act, serve, in lieu of the sentence or balance of the sentence of weekend detention imposed on him under this Act, a sentence of imprisonment equivalent to the weekend detention at that time to be served by him.
In computing the period of imprisonment, regard shall be had to the provisions of subsection (2) of section 3 of this Act.
(3) The provisions of this section are additional to and not in derogation of the provisions of sections 33 and 34 of the Prisons Act 1958-1969, section 30 of The Vagrants, Gaming, and Other Offences Acts 1931 to 1967, section 143 of The Criminal Code and any other
10 s.16A WEEKEND DETENTION ACT 1970-1984 s.16A
law of the State relating to persons escaping from or out of a prison or place of legal confinement, or from legal custody, or any provision in substitution for any of these provisions.
( 4) Any member of the police force may arrest, without warrant or further authority than this Act, a person who, pursuant to subsection ( 1) of this section, escapes out of a place of legal confinement, anything contained in any other Act to the contrary notwithstanding.
(5) A person who, pursuant to subsection (1) of this section, escapes out of a place of legal confinement and in relation thereto is proceeded against for an offence under section 30 of The Vagrants, Gaming, and Other Offences Acts 1931 to 1967 or any provision in substitution therefor is, notwithstanding the provisions as to punishment contained in that section, liable to the same punishment as that to which a person is liable who, pursuant to subsection (1) of this section, escapes from a prison or legal custody and is proceeded against for an offence under section 33 of the Prisons Act 1958-1969 or any provision in substitution therefor.
(6) A person sentenced to weekend detention, required to report to the person in charge of a prison or lock-up specified in a Court order made or notice given pursuant to this Act, shall be deemed to have reported to that person if he reports-
( a) to the holder of an office or other person; and (b) at a place,
prescribed by regulations made under this Act and applicable to him.
16A. Person not deemed to be escapee, etc., in certain circumstances.
(1) A person referred to in section 16 (1) where the place of detention specified in the Court order or the notice is a prison shall not, in the circumstances therein referred to, be deemed to be a prisoner who escapes from or out of prison and from the legal custody of the person at the time in charge of the prison if-
(a) before midnight on the Friday in question he communicates with the person at the time in charge of the prison;
(b) he makes a submission to such person that his failure to report as specified in the Court order or the notice arose out of circumstances over which he had no control or circumstances of extraordinary emergency reasonably precluding his reporting to the prison at the time specified in the Court order or the notice; and
(c) the person at the time in charge of the prison is satisfied that in the circumstances the person was reasonably precluded from so reporting and he advises that person he is so satisfied accordingly.
(2) Where the person concerned is so advised, he shall be taken to be excused in respect of his failure to report as aforesaid.
(3) Where the person is taken to be so excused, the weekend in question shall not be a weekend of his sentence for the purposes of
s. 17 WEEKEND DETENTION ACT 1970-1984 s. 17 11
section 15, and he shall serve an additional weekend of detention in lieu of the one in respect of which he is excused; and the Court order or the notice shall be read and construed accordingly and it is immaterial that the weekends of detention are not consecutive weekends.
(4) Where a person is taken to be excused as aforesaid, advice in relation thereto shall be given as soon as practicable thereafter by the person at the time in charge of the prison to the registrar or other proper officer of the Court that imposed the sentence of weekend detention.
(5) The excusing of a person under this section does not operate to render unlawful or actionable any apprehension, arrest, taking into custody or other act or thing done in good faith to or with respect to that person by any person acting or purporting to act according to law and without knowledge of such excusing or to subject any such person to any liability in res_pect th~reof.
Inserted by Act of 1983, No. 15, s. 6.
17. Mode of service and of proof. (1) A writing required by this Act to be given to any person may be given to the person to whom it is required to be given-
(a) by serving it on that person personally; or
(b) by sending it by prepaid registered post addressed to that person at his place of residence or business last known to the Court by which or the person by whom the writing is so required to be given.
(2) In any proceeding-
(a) a certificate that a writing required by this Act to be given to any person was given to him in a manner prescribed by the preceding subsection and setting out the manner in which the writing was so given and the date of personal service or, as the case may be, the date of sending by prepaid registered post shall, where it purports to be signed by the person by whom the writing is so required to be given (or, in the case of the Court, by the Registrar of the Court or Clerk of the Court), upon its production, be admitted as evidence and, in the absence of evidence to the contrary, be accepted as conch,1sive evidence of the matters contained therein and that, in the case of the sending of a writing by prepaid registered post pursuant to the preceding subsection, the writing was given to the person to whom it was addressed on the date when it would be delivered in the ordinary course of the post;
(b) a writing certified to be a copy of a minute, notice, amended notice, notification or other writing required by this Act to be given to any person shall, where it is so certified by the person required by this Act to give the same (or, in the case of the Court, by the Registrar of the Court or Clerk of the Court), upon its production, be admitted as evidence and,
12 s. 18 WEEKEND DETENTION ACT 1970-1984 s. 20
in the absence of evidence to the contrary, be accepted as conclusive evidence of the matters contained in the original minute, notice, amended notice, notification or other writing of which it is certified to be a copy.
(3) If it is made to appear to the Court, whether or not constituted by the same member or members who constituted it at the time a sentence of weekend detention was imposed, that a writing required by this Act to be given to any person cannot be given in a manner prescribed by subsection (1) of this section, the Court may, upon an affidavit setting forth the grounds upon which the application is made, make such order for substituted or other giving of the writing or for the substitution for the giving of the writing in a manner prescribed of the giving of it by advertisement or otherwise, as it thinks proper, and where any such order has been carried out the steps taken shall have the same effect as giving the writing in a manner prescribed.
18. Offences. (1) Any person who contravenes or fails to comply with any provision of this Act is guilty of an offence against this Act.
(2) Any person guilty of an offence against this Act, in respect of which offence no specific penalty is otherwise prescribed, shall be liable to a penalty not exceeding two hundred dollars.
(3) All offences against this Act may be prosecuted in a summary way under The Justices Acts, 1886 to 1968.
19. Rules of Court. (1) Where, pursuant to any Act or enactment, Rules of Court may be made in respect of the Court, the power to make those Rules of Court shall include power to make such Rules of Court as may be deemed necessary or convenient for the purpose of giving full effect to this Act and for regulating the procedure and practice of the Court in relation thereto.
(2) Until such Rules of Court are made as aforesaid, or in so far as such Rules do not extend, the Court may, in a particular case, give such directions as it thinks fit, and the directions shall, according to their tenor, have in that case the force and effect of Rules made under the relevant Act or enactment for the purposes hereof.
20. Regulations. (1) The Governor in Council may make regulations, not inconsistent with this Act, for or with respect to-
(a) powers, authorities, functions and duties of a person in charge of a prison or lock-up in relation to weekend detention;
(b) providing for and regulating the employment, training, and activities generally of persons detained in a prison or lock- up pursuant to a sentence of weekend detention;
(c) providing for the forms to be used for the purposes of this Act other than forms for matters and proceedings in the
s. 21 WEEKEND DETENTION ACT 1970-1984 s. 21 13
Court where those forms have been prescribed pursuant to Rules of Court;
(d) providing for and regulating all matters required or permitted by this Act to be prescribed where the method of prescription is not otherwise provided;
(e) all matters that may be convenient for the administration of this Act or that may be necessary or expedient to achieve the objects and purposes of this Act.
(2) The power to regulate conferred by the provisions of subsection (1) of this section includes the power to prohibit.
(3) Regulations may be made to apply generally or to meet a particular case or class of case.
21. Procedural provisions re regulations. (1) Every regulation made under this Act shall-
(a) be published in the Gazette;
(b) upon its publication in the Gazette, be judicially noticed;
(c) take effect on and from the date of its publication in the Gazette unless a later date is specified in relation to its commencement when, in such case, it shall take effect on and from that later date;
(d) be laid before the Legislative Assembly within fourteen sitting days after such publication if the Assembly is in session, but, if not, then within fourteen sitting days after the commencement of the next session.
(2) If the Legislative Assembly passes a resolution of which notice has been given at any time within fourteen sitting days after a regulation has been laid before it disallowing the regulation or part thereof, the regulation or part shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime or to the making of a further regulation.
68546(Iju48)-By Authority: S. R. HAMPSON, Government Printer, Queensland
INDEX
TO THE
WEEKEND DETENTION ACT 1970-1984
Act-
commencement of . shon title
Clerk of the Coun-
meaning of term . . . . .
A
c
re mode of service of proof . . . . . . . . . . . . . . . . . re notice to be given by, upon default in compliance with court
order Commencement of Act . Comptroller-General of Prisons-
may order removal of detainee to another prison
may order removal of detainee to a hospital, clinic etc. and return therefrom
may order release of detainee at the ~~pir~iio~ . or" PeriOd of
detention
may order return of detainee to prison Coun-
meaning of term
powers of re mode of service and proof . . . . . . . . . . re commencement date of weekend detention at discretion of
ru~sof . . .. . .. .. . . . . to give notice upon default irl compliance with court order Coun Order-
for weekend detention . . . . . . . . . . . . . for weekend detention upon default of payment of fine or sum of
. money specifications of variations of terms of
Evidence-
writings admitted as
Governor in Council- re power to make regulations
Lock-up- escape from ..
meaning of term
E
G
L
s 2 I
3 (I) . 17
10 lOA (6) lOA (3) lOA (3)
3 (I) . 17 (2) (b)
9 18 8
7 7 (!) 14
17
20
16 ..
3 (I).
Page
I II
I II 5 12 3
12
16 INDEX
M
Meaning of term- Clerk of the Court lock-up
prison.. . . . . . . Registrar of the Court the Court
weekend . . . weekend detention
Notice-
N
to be given upon default in compliance with court order- by Court, Registrar of the Court or Clerk of the Court specifications of
Offences-
re contravention of provisions of this Act penalties for
Prison-
0
p
escape from . . . . . . . . . . . . . . ..
failure to report to, excused in certain circumstances meaning of term
sentenced person to report to Proceedings-
mode of service and of proof writings submitted-
as conclusive evidence in absence of evidence to contrary by court, Registrar of Court, or Clerk of Court to person
concerned . . . . . . . . . . . . . . . . . . . . may be certified to be a copy of a minute, notice, amended notice, notification or other writing . . . . . . . . .
R
Registrar of the Court- meaning of term . . . . .
re mode of service and of proof . . . . . . . . . to give notice upon default in compliance with court order Regulations-
by order of the Governor in Council procedural provisions re
Rules of Court.
Sentenced Person-
s
failure to report to prison excused in certain circumstances in event of requiring medical care . . . . . ..
not to be deemed an escapee in certain circumstances re by order of Comptroller-General
re es:cape from prison or lock-up-- powers of police in event of.
punishment for
re le~al custody etc.- . . . . . . . . . . . . . . . . . . m event of removal to a hospital etc. or other place of
treatment . . . . . . . . . . . in event of removal to another prison release of . . . . . . . . . . . . . . . removal of to another prison for sufficient cause return of to prison specified in court order
s. 3 (I) . 3 (I).
3 (I).
3 (I) . 3 (I) . 3 (1), (2) . 3 (I) .
8 (I) . 8
18 (I) . 18 (2) ..
16 14A
3 (I) . 10
17 (I).
17 (2) 17 (2a) 17 (2b)
3 (I) . 17
8 20 21 19
14 lOA (6) 16A (I) lOA 16 16 (4) ..
16 (5) ..
15 15 (5) . 15 (I) . lOA (3) lOA lOA (3)
Page
I I I I I 2 2
4 4
12 12
9 7 I 5
II II II II
I II 3
12 13 12
7 6 10 5 9 10 10 8
Weekend- meaning of term Weekend Detention-
calculation of numbers of . . . . . commencement date of discretionary.
INDEX
w
court order for . . . . . . . . . . . . . . . . . . . . court order for default of payment of fine or sum of money duration of sentence of . . . . . . . . . . . . . . . . . failure to report to prison for, excused in certain circumstances in relation to other sentences
meaning of term period of . . . . . . reduction of period of Writings-
re mode of service of proof-
required to be given to detainee and admitted as evidence .
s. 3 (1), (2) . 8 (3).
9 5 7 (l).
12 l4A 13
3 (I) . ss. 7 (2), 11
s. 8 (2), (3) .
17 (2) (b)
68546 (iju84)-By Authority: S. R. HAMPSON, Government Printer, Queensland C-128
Page
17
4 5 2 3 6 7 6 3, 6 2 4
ll
