Clause 116

by deleting paragraphs (a) to (e) of subsection (2) and substituting the following paragraphs:“(a)the treatment, training and detention of persons sentenced to reformative training, corrective training or preventive detention, including any matter relating to the supervision of such persons when they are released from their places of detention;

the recording of statements in the form of audiovisual recordings, and the prevention of the following:

the making of any unauthorised copy of any such audiovisual recording;

the unauthorised possession of any recording device during the recording of any such statement or the viewing of any such audiovisual recording;

the unauthorised use or distribution of any such audiovisual recording;

the prescribing of any additional method mentioned in section 3(1)(j) for serving any notice, order or document (other than a summons or a notice to attend court issued under this Code) required or permitted to be served on a person under this Code, including —

prescribing different additional methods of service for different types of notices, orders or documents;

restricting the application of a particular additional method of service to a particular type of notice, order or document; and

prescribing the conditions for the application of any particular additional method of service, whether generally or to any particular type of notice, order or document;

the prescribing of any matters relating to section 20(1), (1A), (3) and (3A), including prescribing —

the persons who must set up a system for receiving and responding automatically to a written order under section 20(1)(b), (1A), (3)(b) or (3A) and the operational details of the system;

any matters concerning the service of a written order under section 20(1), (1A), (3) or (3A);

the form and manner in which a person must produce, give access to or deliver a copy of a document or thing for the purposes of section 20(1)(a)(iii) or (b)(i) or (ii) or (3)(b);

the manner in which a person must authenticate data, or a copy of data, for the purposes of section 20(1A)(a)(i) or (b)(i) or (3A)(a)(i) or (b)(i);

the form and manner in which a person must produce data, or a copy of data, for the purposes of section 20(1A)(a)(ii) or (b)(ii) or (3A)(a)(ii) or (b)(ii);

the electronic monitoring of the whereabouts of an accused who is granted bail or released on personal bond, for the purposes of section 94;

the prescribing of anything that is required or permitted by this Code to be prescribed.”; and

by inserting, immediately after subsection (2), the following subsections:“(3) The regulations made for or with respect to the matters in subsection (2)(b) —

may provide that a contravention of any specified provision of those regulations shall be an offence;

may provide for penalties not exceeding a fine of $2,000 or imprisonment for a term not exceeding 2 years or both for each offence; and

may provide for any offence under those regulations to be an arrestable offence.(4) The powers conferred by this section do not extend to any matter for which Criminal Procedure Rules may be made under section 428A.”.