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AN ACT to amend the Wines, Beer, and
[Assented to, 19th February, 1902.] E it enacted by the King's Most Excellent Majesty, by anci
and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:
1. THIS Act may be cited as the Wines, Beer, and Spirit Sale Amendment Act, 1902.
2. A LICENSE may be granted under the Wines, Beer, and Spirit Sale Act, 1880 (hereinafter called the principal Act), to be called a Two-gallon license.
Application of 44
3. ALL the provisions of the principal Act and any amendment thereof relating to a gallon license shall apply to a two-gallon Vict., No. 9, to twolicense, the words “two gallons” being read in place of “gallon,” gallon licenses. and in the form of license the word “ premises” being read in place of the words “shop or rooms."
Wines, Beer, and Spirit Sale— Amendment.
4. EVERY gallon license already granted for the current licenses held by year to any person licensed to make beer, pursuant to the Beer brewers to be deemed Excise Act, 1901, shall be deemed to be a two-gallon license. two-gallon licenses.
In the name and on behalf of the King I hereby assent to this Act.
ARTHUR LAWLEY, Governor.
By Authority: Wm. ALFRED Watson, Government Printer, Perth.
AN ACT to provide for the establishing of
Lock-ups as Police Gaols, and to amend the law relating to Gaols, Prisons, and Houses of Correction.
(Assented to, 19th February, 1902.]
E it enacted by the King's Most Excellent Majesty, by and
with the advice and consent of the Legislative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:
1. THIS Act may be cited as the Gaols Acts Amendment Act, Short title and 1902, and shall be read and construed as one with Acts 12 Victoriæ, incorporation of 12
Vict., No. 7, 21 No. 7, 21 Victoriæ, No. 12, and 58 Victoriæ, No. 10.
Vict., No. 12, and 58
Vict., No. 10. 2. THE Governor may, by notice in the Government Gazette,
Lock-ups may be declare any lock-up, or place used for the reception or detention of proclaimed as police accused persons before trial, to be a police gaol, and thereupon gaols. such lock-up or place shall be a police gaol within the meaning of this Act.
Gaols Act-- Amendment.
3. (1.) ANY Court or person having jurisdiction to commit Court may commit
any person to gaol or prison or to a house of correction for to police gaols for terms not exceeding imprisonment with or without hard labour may, subject to the next
subsection, commit such person to and direct his sentence to be public gaols, etc. served in a police gaol.
(2.) No person shall be committed to a police gaol whose sentence exceeds three months.
(3.) This section shall apply to any person committed for contempt of Court should the Court so direct.
4. IN relation to all persons imprisoned in a police gaol under Sheriff to have con: the last preceding section, such police gaol shall for all purposes be trol of persons committed to police deemed a public gaol or prison, and the Sheriff shall, subject to the gaols.
control of the Governor, have the charge, care, and direction of all
Reference to section
5. IN section two of the Colonial Prisoners Removal Act, 1891, the word “ gaol ” shall include a police gaol.
retain office in the
6. (1.) KEEPERS of police gaols and their assistants, and all keepers of police gaols to be ap
other persons required and employed for the safety and care of such pointed and to gaols, shall be nominated and appointed in accordance with section
three of 12 Victoriæ, No. 7, and shall hold and retain their respective on same conditions offices on conditions similar to those on which keepers of public gaols as keepers of public and their assistants, and other persons employed therein, hold and gaols.
retain office, and shall enjoy the same privileges, immunities, perform the same duties, and exercise the same powers in relation to persons imprisoned as aforesaid in police gaols.
(2.) Any keeper, assistant, or other person appointed under this section may, in addition to his duties as such, be a keeper of or an assistant or person employed in a lock-up.
7. UNTIL the appointment of a keeper of any police gaol, and Sheriff to be deemed during any vacancy in the office, the Sheriff shall be deemed to be gaols for purposes the keeper of such police gaol for the purposes of any application of habeas corpus during vacancies in
for a writ of habeas corpus or other proceedings to obtain the disoffice of such keeper. charge from custody of any person committed to or imprisoned in
any police gaol under section three.
Police gaols still to
8. NOTWITHSTANDING that any lock-up or place as aforesaid is declared a police gaol, the same shall continue to be and to be used as a lock-up for any purpose for which the same might have been or was used before such declaration; and in relation to all accused persons from time to time in custody therein awaiting trial, the same shall for all purposes be deemed a lock-up only.
9. Gaols Act--Amendment
9. (1.) THIS Act shall not affect the immediate control of the Commissioner of Police over lock-ups which are declared to be Commissioner of police gaols, and over the management of the same and the officers immediate control employed thereat, so far as such control and management and of lock-ups. officers relate to accused persons before trial, and the use and management of the police gaol as a lock-up.
(2.) Any question arising out of any conflict or apparent conflict of the respective powers and authorities of the Sheriff and Any question the Commissioner of Police in relation to any lock-up or police gaol, Commissioner to be or in relation to any person employed thereat or confined therein, Secretary?
decided by Colonial shall be decided by the ('olonial Secretary.
between Sheriff and
10. (1.) EVERY period of time during which a prisoner shall
Time during every be away from lawful custody and restraint, without lawful permission period which or excuse, shall be included in computing the unexpired amount of prisoners unlaw. such prisoner's sentence, and every such prisoner shall serve the full excluded in comterm of his sentence as if such periods of time had been originally puting sentences. added to and formed part of his sentence.
(2.) Except as aforesaid, this section shall not affect such prisoners liable to be punished by further imprisonment or otherwise, for breaking gaol or otherwise being away from lawful custody.
11. (1.) ALL laws and regulations affecting the discipline and conduct of persons sentenced to penal servitude or imprisonment, within gaols for and all penalties for breaches of or offences against such laws and breaches of prison regulations, shall bind and affect such persons until de facto released undergo punishfrom custody.
ment so ordered
notwithstanding (2.) Any person who, before being actually released as afore- expiry of original said, does any act or thing which would, if committed by a prisoner whose sentence was unexpired, render such prisoner liable to any punishment whatsoever, under any such law or regulation, shall be liable to receive and undergo within the gaol, prison, police gaol, or house of correction in which such person is incarcerated, the same punishment as if his sentence or sentences had remained unexpired at the time he did such act or thing.
(3.) A prisoner who is charged with any breach of or offence against any such law or regulation, and whose sentence expires within ten days of such charge and before the same can be heard, shall continue in custody until the same has been heard and the punishment awarded (if any) undergone.
(4.) A prisoner who is sentenced to or undergoing any punishment for a breach of any such law or regulation at the time the sentence on which he was incarcerated expires shall nevertheless undergo or complete such punishment as the case may be.