5. Variation or revocation of order

    (1) The Governor may by order in writing at any time before the deportation of a prisoner released under section 4(4) vary or revoke an order for release.

    (2) If

    (a) the deportation of a prisoner released under section 4(4) has not been effected within the period of time specified in the order for release; or

    (b) the deportation order in respect of such a prisoner is revoked,

    the order for release of the prisoner ceases to have effect, by force of this section, on the expiration of the period of time referred to in paragraph (a) or on the revocation of the deportation order, as the case may be.

    (3) Where an order for release is revoked or ceases to have effect the prisoner shall be returned to prison to serve the unexpired portion of his or her term of imprisonment or to be further detained during the Governor's pleasure, as the case may be, unless the prisoner is otherwise released.

    (4) For the purposes of subsection (3), a Judge or a District Court Judge may, whenever necessary, by warrant authorise a member of the Police Force to apprehend the prisoner and return the prisoner to a prison specified in the warrant, and the warrant is sufficient authority for the apprehension of the prisoner and the return of the prisoner to the prison so specified.

    (5) Where a prisoner is returned to prison in accordance with subsection (3) the period spent by the prisoner in the custody of the person or persons referred to in section 4(4) shall be regarded as time served in respect of his or her term of imprisonment or detention during the Governor's pleasure, as the case may be.

    (6) In the case of a sentence of strict security life imprisonment or life imprisonment a reference in this section to serving the unexpired portion of a term of imprisonment shall be construed as a reference to resuming the service of the sentence.

    [Section 5 amended by No. 17 of 1991 s. 6.]



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.