Section 175 — Sentencing Act 2002: New sections 126 and 127 substituted

175 New sections 126 and 127 substituted The Criminal Justice Act 1985 is amended by repealing sections 126 and 127 , and substituting the following sections: “ 126 Establishment of community work centres “ (1) The Minister of the Crown who is responsible for the Department of Corrections may, by notice in the Gazette , declare any land or building or any part of any land or building to be a community work centre. “ (2) The Minister of the Crown who is responsible for the Department of Corrections may, in like manner, declare any land or building or any part of any land or building to be added to, or excluded from, any community work centre. “ (3) In any Act, regulation, rule, order, agreement, deed, instrument, application, notice, or other document of any kind in force at the commencement of this section, every reference to a periodic detention centre must, unless the context otherwise requires, on the commencement of this section be read as a reference to a community work centre. “ (4) Every place that, immediately before the commencement of this section, is designated as a periodic detention centre under this Act is deemed to be a community work centre. “ 127 Controlling officer of probation area “ (1) A controlling officer must be appointed, under the State Sector Act 1988, for each probation area. “ (2) A controlling officer must oversee the administration of all community-based sentences being served in his or her probation area and is responsible for probation officers and community work centres in that area. “ (3) Subject to any directions given by the Secretary, a controlling officer may delegate, in writing, to any probation officer or any other officer or employee of the Department of Corrections all or any of his or her powers as a controlling officer in respect of his or her probation area. “ (4) A person appointed or designated to manage a community work centre may, if permitted by a delegation referred to in subsection (3), delegate to any employee engaged at the centre any power so delegated. “ (5) The fact that any officer or employee of the Department of Corrections exercises or performs any power, duty, or function of a controlling officer is conclusive evidence of his or her authority to do so. “ (6) A controlling officer has and may exercise all the powers of a probation officer in respect of his or her probation area. ”