International Transfer of Prisoners Amendment Act 2004 (Cth)

International Transfer of Prisoners Amendment Act 2004

No. 19, 2004

An Act to amend the International Transfer of Prisoners Act 1997, and for related purposes

Contents

International Transfer of Prisoners Amendment Act 2004

No. 19, 2004

An Act to amend the International Transfer of Prisoners Act 1997, and for related purposes

[Assented to 23 March 2004]

The Parliament of Australia enacts:

1Short title

This Act may be cited as the International Transfer of Prisoners Amendment Act 2004.

2Commencement

This Act commences on the day on which it receives the Royal Assent.

3Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1Amendment of the International Transfer of Prisoners Act 1997

1. 1

   Subsection 4(1) (definition of transfer country)

   After “foreign country”, insert “or a region”.

2

After section 4

Insert:

4ASentences of imprisonment imposed by military commissions of the United States of America

For the purposes of this Act:

1. (a)

   a military commission of the United States of America is taken to be a court or tribunal of the United States of America; and

2. (b)

   any punishment or measure involving deprivation of liberty ordered by a military commission of the United States of America is taken to have been ordered by a court or tribunal of the United States of America in the exercise of its criminal jurisdiction; and

3. (c)

   any direction or order given or made by a military commission of the United States of America with respect to the commencement of such punishment or measure is taken to have been given or made by a court or tribunal of the United States of America.

3

Paragraph 8(5)(b)

Repeal the paragraph, substitute:

1. (b)

   a region that is part of that country; and

2. (c)

   a region that is under the protection of that country; and

3. (d)

   a region over which that country exercises jurisdiction or control; and

4. (e)

   a region for whose international relations that country is responsible;

4

At the end of section 8

Add:

1. (6)

   For the purposes of this section, a region is taken to be a foreign country if:

   1. (a)

      the region is a colony, territory or protectorate of a foreign country; or

   2. (b)

      the region is part of a foreign country; or

   3. (c)

      the region is under the protection of a foreign country; or

   4. (d)

      a foreign country exercises jurisdiction or control over the region; or

   5. (e)

      a foreign country is responsible for the region’s international relations.

5

Application

The amendments made by this Schedule apply in relation to a sentence of imprisonment (within the meaning of the International Transfer of Prisoners Act 1997 immediately after the time this Schedule commences) imposed before or after that time.

[Minister’s second reading speech made in—

House of Representatives on 19 February 2004

Senate on 4 March 2004]

(17/04)