Corrections Act 2004

141 Unauthorised deliveries, communications, recordings, and possession of unauthorised items

• (1) Subject to subsection (1A), every person commits an offence who, except under the authority of this Act or of any regulations made under this Act or the express authority of the prison manager or the chief executive,—

  • (a) brings any thing, or causes any thing to be brought, into a prison, intending that it should come into the possession of a prisoner:

  • (b) places any thing, or causes it to be placed, anywhere in a prison (whether inside or outside a building) or outside a prison, intending that it should come into the possession of a prisoner:

  • (c) delivers any thing, or causes it to be delivered, to any prisoner inside a prison:

  • (d) takes any thing, or causes it to be taken, out of a prison on behalf of a prisoner:

  • (e) holds any communication with a prisoner who is inside a prison if that communication may prejudice the maintenance of the law, the safe custody of the prisoner, the well-being of any victim of an offence committed by that prisoner, the safety of any person, or the security of any prison:

  • (f) makes any visual recording (whether by photograph, film, videotape, or otherwise) or sound recording of a prisoner if the making of such a recording may prejudice the maintenance of the law, the safe custody of the prisoner, the well-being of any victim of an offence committed by that prisoner, the safety of any person, or the security of any prison:

  • (g) without reasonable excuse, has in his or her possession any unauthorised item while in a prison:

  • (h) attempts to do any of the things described in paragraphs (a) to (g).

  (1A) Subsection (1)(g) does not apply to a prisoner.

  (1B) A person is liable on summary conviction to imprisonment for a term not exceeding 3 months, to a fine not exceeding $5,000, or to both, who—

  • (a) commits an offence against subsection (1)(a), (b), (c), or (g); or

  • (b) commits an offence against subsection (1)(h) by attempting to do any thing described in subsection (1)(a), (b), (c), or (g).

  (1C) A person is liable on summary conviction to imprisonment for a term not exceeding 3 months, to a fine not exceeding $2,000, or to both, who—

  • (a) commits an offence against any of subsection (1)(d) to (f); or

  • (b) commits an offence against subsection (1)(h) by attempting to do any thing described in any of subsection (1)(d) to (f).

  (2) Subsection (1)(e) and (f) do not apply to anything done by an officer, staff member, or probation officer in the course of his or her duties.

  (3) Despite anything in subsection (1B) or (1C), if an officer, staff member, or probation officer is convicted of an offence against subsection (1)(a), (b), (c), (d), or (g), or of an attempt to commit any offence of that kind, he or she is liable to imprisonment for a term not exceeding 12 months, to a fine not exceeding $5,000, or to both.

  (4) In this section and in sections 142 to 148, person includes—

  • (a) a staff member of the prison:

  • (b) a security officer:

  • (c) a person entering the prison in the course of the person's employment.

  Compare: 1954 No 51 s 44(1), (2)

  Section 141 heading: amended, on 3 April 2009, by section 25(1) of the Corrections Amendment Act 2009 (2009 No 3).

  Section 141(1): amended, on 3 April 2009, by section 25(2)(a) of the Corrections Amendment Act 2009 (2009 No 3).

  Section 141(1): amended, on 3 April 2009, by section 25(2)(b) of the Corrections Amendment Act 2009 (2009 No 3).

  Section 141(1)(e): amended, on 3 April 2009, by section 25(3) of the Corrections Amendment Act 2009 (2009 No 3).

  Section 141(1)(f): amended, on 3 April 2009, by section 25(4) of the Corrections Amendment Act 2009 (2009 No 3).

  Section 141(1)(g): substituted, on 3 April 2009, by section 25(5) of the Corrections Amendment Act 2009 (2009 No 3).

  Section 141(1)(h): added, on 3 April 2009, by section 25(5) of the Corrections Amendment Act 2009 (2009 No 3).

  Section 141(1A): inserted, on 3 April 2009, by section 25(6) of the Corrections Amendment Act 2009 (2009 No 3).

  Section 141(1B): inserted, on 3 April 2009, by section 25(6) of the Corrections Amendment Act 2009 (2009 No 3).

  Section 141(1C): inserted, on 3 April 2009, by section 25(6) of the Corrections Amendment Act 2009 (2009 No 3).

  Section 141(3): amended, on 3 April 2009, by section 25(7)(a) of the Corrections Amendment Act 2009 (2009 No 3).

  Section 141(3): amended, on 3 April 2009, by section 25(7)(b) of the Corrections Amendment Act 2009 (2009 No 3).