Parole Orders (Transfer) Act 1981 (NT)
NORTHERN TERRITORY OF AUSTRALIA
PAROLE ORDERS (TRANSFER) ACT 1981
As in force at 1 May 2016
northern territory of australia
As in force at 1 May 2016
Parole Orders (Transfer) act 1981
An Act relating to reciprocal enforcement of parole orders
This Act may be cited as the
This Act shall come into operation on a date to be fixed by the Administrator by notice in the
In this Act, unless the contrary intention appears:
(a) an authority given under a law of the Territory or a law of a State or another Territory for the release of a person from imprisonment or lawful detention, being an authority that is to be deemed to be such a parole order under such a law; and
(b) such a parole order or authority as varied from time to time.
There shall be a Registrar of Transferred Parole Orders who shall be appointed by the Minister.
(1) The Minister may, at the request in writing of the designated authority for a State or another Territory, by instrument in writing, direct the Registrar to register under this Act a parole order that was in force at the time of the request under a law of that State or other Territory.
(2) The Minister may, by instrument in writing addressed to the designated authority for a State or another Territory, request that a parole order that is in force under a law of the Territory be registered under the corresponding law of that State or other Territory.
(1) Where the Minister requests the designated authority for a State or another Territory under section 5(2) to register a parole order under the corresponding law of that State or other Territory, the Minister shall cause to be sent to the designated authority:
(a) the parole order to which the request relates together with any variations of the order;
(b) the judgment, order, direction, declaration or other authority which authorized the imprisonment of the person to whom the parole order relates;
(c) particulars in writing of the address of that person last-known to the Minister; and
(d) a report in writing relating to that person containing such information and accompanied by such documents as appear to be likely to be of assistance to any court, authority or officer in that State or other Territory, including all documents that were before the body making the parole order, details of findings of guilt, convictions, sentences of imprisonment, minimum terms of imprisonment, periods of imprisonment served, class of prisoner, remissions earned and other grants of parole.
(2) A reference in subsection (1) (other than a reference in subsection (1)(a)) to an order, judgment or other document is a reference to the original or to a copy certified as a true copy by a person purporting to be the person in whose custody the original is entrusted.
(1) The Minister shall not direct under section 5(1) the registration under this Act of a parole order in force under a law of a State or another Territory unless:
(a) he is satisfied, on consideration of relevant information and documents forwarded to him by the designated authority for that State or other Territory that, having regard to the interests of the person to whom the parole order relates, it is desirable that the parole order be so registered; and
(b) either:
(i) that person has given his consent to, or has requested, the registration of the parole order under this Act; or
(ii) that person is residing in the Territory.
(2) The Minister shall not make a request under section 5(2) for the registration under the corresponding law of a State or another Territory of a parole order in force under a law of the Territory unless:
(a) he is satisfied that, having regard to the interests of the person to whom the parole order relates, it is desirable that the parole order be so registered; and
(b) either:
(i) that person has given his consent to, or has requested, the registration of the parole order under the corresponding law of that State or other Territory; or
(ii) there are reasonable grounds for believing that that person is residing in that State or other Territory.
8 Registration
(1) When so directed under section 5(1), the Registrar shall register a parole order under this Act by:
(a) endorsing on the parole order a memorandum signed by him to the effect that the parole order is, on the date of the endorsement, registered under this Act; and
(b) keeping the endorsed parole order in a register together with the original or copy of the judgment, order, direction, declaration or other authority, by virtue of which the person to whom the parole order relates became liable to undergo the relevant imprisonment, sent by the designated authority.
(2) When the Registrar has registered a parole order, he shall:
(a) forward to the Chairman of the Parole Board one copy of the parole order, being a copy on which is written a copy of the memorandum endorsed on the parole order in accordance with subsection (1), together with one copy of the judgment, order, direction, declaration or other authority referred to in subsection (1)(b); and
(b) cause notice in writing of the fact and date of the registration of the parole order to be given to the designated authority who requested the registration of the parole order, and to be served personally on the person to whom the parole order relates.
9 Effect of registration (1) Subject to this section, while a parole order (including a parole order that was, at any time, in force in the Territory) is registered under this Act, the laws of the Territory apply to and in relation to the parole order and the person to whom the parole order relates.
(2) If the parole order registered under this Act was made under a law of a State or another Territory, the laws of the Territory apply under subsection (1) as if:
(a) each sentence of imprisonment to which the person to whom the parole order relates was subject immediately before the making of the parole order had been imposed by the appropriate court of the Territory;
(b) each period of imprisonment served by that person for the purpose of each such sentence had been served for the purpose of the sentence imposed by the appropriate court of the Territory; and
(c) the parole order had been made and was in force under a law of the Territory.
(3) For the purpose of subsection (2), the appropriate court of the Territory in relation to a sentence of imprisonment is:
(a) where the sentence was imposed by a court of summary jurisdiction or by a court on appeal from such a court – the Local Court; and
(b) in any other case – the Supreme Court.
(4) Where a parole order registered under this Act is revoked, cancelled or is to be deemed to have been revoked under a law of the Territory, the person to whom the parole order related shall be liable to serve a period of imprisonment equal to the period for which he was liable, on the date on which he was released on parole under the order, to be imprisoned.
(1) Upon the registration under a corresponding law of a parole order that, immediately before that registration, was in force under a law of the Territory:
(a) the parole order ceases to be in force in the Territory;
(b) in the case of a parole order that was registered under this Act, the parole order ceases to be so registered; and
(c) each sentence of imprisonment to which the person to whom the parole order relates was subject immediately before the registration under the corresponding law ceases to have effect in the Territory.
(2) Upon the subsequent registration under this Act of a parole order in relation to which subsection (1) has, at any time, applied:
(a) subsection (1)(a) and (c) ceases to apply in relation to the parole order; and
(b) the force and effect that the parole order, and each sentence of imprisonment to which the person to whom the parole order relates was subject, had, under a law of the Territory immediately before the registration under the corresponding law, revive and continue while the parole order is registered under this Act.
10A Exclusion of rules of natural justice The rules known as the rules of natural justice (including any duty of procedural fairness) do not apply to or in relation to a direction, request or decision given or made by the Minister under this Act.
(1) An instrument in writing that purports to be a copy of a memorandum endorsed on a parole order on a specified date under section 8(1) and to have been signed by the Registrar is prima facie evidence that the parole order was registered under this Act on that date.
(2) A parole order made under a law of a State or another Territory and registered under this Act may be received in evidence in any court of competent jurisdiction without further proof by the production of a copy of the parole order certified as a true copy by the Registrar, and such a copy is prima facie evidence of the matters stated in the parole order.
(1) The Minister may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him, delegate to a Chief Executive Officer or employee as defined in the
Public Sector Employment and Management Act 1993 any of his powers under this Act, other than this power of delegation.(2) A power so delegated, when exercised by the delegate shall, for the purposes of this Act, be deemed to have been exercised by the Minister.
(3) A delegation under this section does not prevent the exercise of a power by the Minister.
1 KEY
Key to abbreviations
2 LIST OF LEGISLATION
Assent date | 21 September 1989 | |
Commenced | 1 May 1984 ( | |
Assent date | 20 September 1989 | |
Commenced | 20 September 1989 | |
Assent date | 30 June 1993 | |
Commenced | 1 July 1993 (s 2, s 2 | |
Assent date | 19 April 1996 | |
Commenced | s 7: 19 April 1996; rem: 1 July 1996 (s 2, s 2 | |
Assent date | 4 September 2014 | |
Commenced | 9 September 2014 ( | |
Assent date | 6 April 2016 | |
Commenced | 1 May 2016 (s 2, s 2 | |
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the
4 LIST OF AMENDMENTS
s 3 amd No. 27, 2014, s 57
s 6 amd No. 38, 1989, s 2; No. 17, 1996, s 6
s 8 amd No. 38, 1989, s 3
s 9 amd No. 8, 2016, s 45
s 10A ins No. 38, 1989, s 4
s 12 amd No. 28, 1993, s 3
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