Prisoners (International Transfer) Act 1999 (ACT)

Prisoners (International Transfer) Act 1999 (repealed)   

A1999-9

Republication No 3

Effective:  2 June 2006

Republication date: 2 June 2006

As repealed by A2006-23 s 6 (1)

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication

The republished law

This is a republication of the Prisoners (International Transfer) Act 1999 (repealed) (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)). It also includes any commencement, amendment, repeal or expiry affecting the republished law to 2 June 2006. 

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

authorised republications to which the Legislation Act 2001 applies

unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.

Penalties

The value of a penalty unit for an offence against this republished law at the republication date is—

(a)if the person charged is an individual—$100; or

(b)if the person charged is a corporation—$500.

Prisoners (International Transfer) Act 1999 (repealed)

Contents

Page

1. Name of Act  2

2. Object  2

3. Dictionary  2

4ATerms defined in Commonwealth Act  2

4BNotes  2

1. Minister’s functions  2

2. Functions of prison officers, police officers and others  3

3. Arrangements for administration of Act  3

4. Prisoners transferred to Australia  3

5. Prisoners transferred from Australia  5

6. Regulation-making power  5

Dictionary6

Endnotes

1. About the endnotes  7

2. Abbreviation key  7

3. Legislation history  8

4. Amendment history  8

5. Earlier republications  9

Prisoners (International Transfer) Act 1999 (repealed)

An Act relating to the transfer of prisoners to and from Australia

1. Name of Act

   This Act is the Prisoners (International Transfer) Act 1999.

2. Object

   The object of this Act is to give effect to the scheme for the international transfer of prisoners set out in the Commonwealth Act by enabling such prisoners to be transferred to and from the ACT.

3. Dictionary

   The dictionary at the end of this Act is part of this Act.

   Note 1The dictionary at the end of this Act defines certain terms used in this Act.

   Note 2A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

4ATerms defined in Commonwealth Act

A term defined in the Commonwealth Act has the same meaning in this Act.

4BNotes

A note included in this Act is explanatory and is not part of this Act.

NoteSee Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

1. Minister’s functions

   The Minister may exercise any function given to the Minister under the Commonwealth Act.

2. Functions of prison officers, police officers and others

   (1)A prison officer, police officer and any other officer of the Territory may exercise any function given or expressed to be given to him or her—

   (a)under the Commonwealth Act or a corresponding law; or

   (b)in accordance with any arrangements made under section 7.

   (2)It is lawful for a prison officer, police officer or other officer of the Territory—

   (a)to hold and deal with any prisoner in accordance with the terms of a warrant issued under the Commonwealth Act in relation to the prisoner; and

   (b)to take any action in relation to a prisoner transferred, or to be transferred, to or from Australia in accordance with the Commonwealth Act that the officer is authorised to take by or under that Act.

3. Arrangements for administration of Act

   (1)The Chief Minister may, in accordance with section 50 of the Commonwealth Act, make arrangements for the administration of that Act including arrangements relating to the exercise by officers of the Territory of functions under the Commonwealth Act.

   (2)An arrangement may be varied or terminated in accordance with the Commonwealth Act.

4. Prisoners transferred to Australia

   (1)A prisoner who is transferred to Australia under the Commonwealth Act shall be treated for a relevant enforcement law as if he or she were a federal prisoner serving a sentence of imprisonment that is imposed under a law of the Commonwealth.

   (2)Without limiting subsection (1), enforcement laws relating to the following matters apply to a prisoner who is transferred to Australia under the Commonwealth Act:

   (a)conditions of imprisonment and treatment of prisoners;

   (b)release on parole of prisoners;

   (c)classification and separation of prisoners;

   (d)removal of prisoners between prisons, hospitals and other places;

   (e)treatment of mentally impaired prisoners;

   (f)eligibility for participation in prison programs, including release under a pre-release permit scheme (however called);

   (g)temporary absence from prison (for example, to work or seek work, to attend a funeral or visit a relative suffering a serious illness, or to attend a place of education or training);

   (h)transfer of prisoners between States and Territories.

   (3)Any direction given by the Attorney-General of the Commonwealth under section 44 of the Commonwealth Act shall be given effect in the ACT.

   (4)Any direction given by the Attorney-General of the Commonwealth, under section 49 of the Commonwealth Act, shall be given effect in the ACT.

   (5)In this section:

   enforcement law means—

   (a)any Territory law; or

   (b)any law of the Commonwealth, a State or another Territory; or

   (c)any practice or procedure lawfully observed;

   concerning the detention of prisoners.

5. Prisoners transferred from Australia

   (1)The laws of the Territory relating to the enforcement of a sentence of imprisonment imposed by a court of the Territory on a person cease to apply to a prisoner on whom such a sentence has been imposed who is transferred from Australia under the Commonwealth Act to complete serving such a sentence of imprisonment.

   (2)Nothing in this section limits the power of the Executive to grant a pardon or remit a sentence of imprisonment or other penalty.

6. Regulation-making power

   The Executive may make regulations for this Act.

   NoteRegulations must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.

Dictionary

(see s 4)

Note 1The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:

·ACT

·Australia

·Commonwealth

·Executive

·Federal Court

·function

·Minister (see s 162)

·State

·the Territory.

Commonwealth Act means the International Transfer of Prisoners Act 1997 (Cwlth).

corresponding law means a law of a State or another Territory that provides for the international transfer of prisoners.

Endnotes

1. About the endnotes

   Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.

   Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

   Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.

   If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. 

   The endnotes also include a table of earlier republications.

2. Abbreviation key

am = amended	ord = ordinance
amdt = amendment	orig = original
ch = chapter	par = paragraph/subparagraph
def = definition	pres = present
dict = dictionary	prev = previous
disallowed = disallowed by the Legislative	(prev...) = previously
Assembly	pt = part
div = division	r = rule/subrule
exp = expires/expired	renum = renumbered
Gaz = gazette	reloc = relocated
hdg = heading	R[X] = Republication No
IA = Interpretation Act 1967	RI = reissue
ins = inserted/added	s = section/subsection
LA = Legislation Act 2001	sch = schedule
LR = legislation register	sdiv = subdivision
LRA = Legislation (Republication) Act 1996	sub = substituted
mod = modified/modification	SL = Subordinate Law
o = order	underlining = whole or part not commenced
om = omitted/repealed	or to be expired

1. Legislation history

   Prisoners (International Transfer) Act 1999 No 9

   notified 1 March 1999 (Gaz 1999 No S8)
   s 1, s 2 commenced 1 March 1999 (s 2 (1))

   remainder commenced 1 July 2002 (s 2 (2) and CN 2002 No 5)

   as amended by

   Legislation (Consequential Amendments) Act 2001 No 44 pt 296

   notified 26 July 2001 (Gaz 2001 No 30)
   s 1, s 2 commenced 26 July 2001 (IA s 10B)

   pt 296 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)

   Statute Law Amendment Act 2003 (No 2) A2003-56 sch 3 pt 3.16

   notified LR 5 December 2003
   s 1, s 2 commenced 5 December 2003 (LA s 75 (1))
   sch 3 pt 3.16 commenced 19 December 2003 (s 2)

   
   
   

   as repealed by

   Sentencing Legislation Amendment Act 2006 A2006-23 s 6 (1)

   notified LR 18 May 2006
   s 1, s 2 commenced 18 May 2006 (LA s 75 (1))
   s 6 (1) commenced 2 June 2006 (s 2 (1) and see Crimes (Sentence Administration) Act 2005 A2005-59 s 2, Crimes (Sentencing) Act 2005 A2005-58, s 2 and LA s 79)

2. Amendment history

   Commencement

   s 2om 2001 No 44 amdt 1.3275

   Dictionary

   s 4defs reloc to dict A2003-56 amdt 3.166

   def function om A2003-56 amdt 3.165

   sub A2003-56 amdt 3.167

   Terms defined in Commonwealth Act

   s 4Ains A2003-56 amdt 3.167

   Notes

   s 4Bins A2003-56 amdt 3.167

   Minister’s functions

   s 5 hdgsub A2003-56 amdt 3.168

   Functions of prison officers, police officers and others

   s 6 hdgsub A2003-56 amdt 3.169

   Regulation-making power

   s 10sub 2001 No 44 amdt 1.3276

   Dictionary

   dictins A2003-56 amdt 3.170

   def Commonwealth Act reloc from s 4 A2003-56 amdt 3.166

   def corresponding law reloc from s 4 A2003-56 amdt 3.166

3. Earlier republications

   Some earlier republications were not numbered. The number in column 1 refers to the publication order. 

   Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical.

Republication No	Amendments to	Republication date
1	A2001-44	1 July 2002
2	A2003-56	19 December 2003

©  Australian Capital Territory 2006