20/Aug/2004 - Current (at 31 Dec 2005)
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    50. Penalty in respect of unauthorised articles

    (1) A person commits an offence who conveys, brings or in any manner introduces any article into a prison or attempts to convey, bring or in any manner introduce any article into a prison

    (a) with intent to breach the good order, security or good government of a prison; or

    (b) where the article is of a kind likely to jeopardise the good order, security or good government of a prison.

    Penalty: $2 000 or 18 months' imprisonment, or both.

    (2) A person who, without the permission of the superintendent or the chief executive officer, conveys, brings or in any manner removes any article out of a prison that he did not have in his possession when he was admitted to the prison commits an offence.

    Penalty: $2 000 or 18 months' imprisonment, or both.

    (3) A person who, for the purpose of obtaining permission to convey, bring or remove any article out of a prison, knowingly makes a false statement or representation or knowingly gives information that is false in a material particular commits an offence.

    Penalty: $1 000 or 12 months' imprisonment, or both.

    (4) An officer who suffers any article to be dealt with in the manner prohibited by subsection (1) or (2) commits an offence.

    Penalty: $2 000 or 18 months' imprisonment, or both.

    (5) A police officer or a prison officer may arrest without the necessity of a warrant a person whom he finds to be contravening subsection (1), (2) or (4) or who is reasonably suspected by him of contravening subsection (1), (2), or (4).

    (6) A prison officer who arrests a person under subsection (5) shall deliver that person into the custody of a police officer and thereupon such police officer shall proceed according to law.

    (7) Where it is proved in proceedings under subsection (2) or (4) that a person has conveyed, brought or removed an article out of a prison, or attempted to do so, the onus shall be on the person charged to prove the permission of the superintendent or the chief executive officer in relation thereto.

    (8) A prison officer who is convicted of an offence under this section forfeits his office.

    [Section 50 amended by No. 47 of 1987 s. 11; No. 113 of 1987 s. 32.]



Note: This is not an authorised version. The only authorised version is the hardcopy (printed) version published under authority of the Government Printer, available from the State Law Publisher, 10 William St Perth W.A. 6000.