Prisoners Interstate Leave Act 1997 (ACT)
Prisoners Interstate Leave Act 1997 (repealed)
A1997-99
Republication No 4
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As repealed by A2006-23 s 6 (1)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This is a republication of the Prisoners Interstate Leave Act 1997 (repealed) (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)).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 includes 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Prisoners Interstate Leave Act 1997 (repealed)
Contents
Page
Part 1Preliminary
Name of Act 2
Dictionary 2
2ANotes 2
Functions of administration under corresponding laws 2
Part 2Recognition of other jurisdictions
Declaration of participating jurisdictions 3
Part 3Leave of absence for prisoners
Grants of interstate leave of absence permits 4
Conditions and restrictions 5
Length of period of leave of absence 5
Assigned escorts 5
Variation of permits 6
Effect of permits 6
Custody of prisoners 6
Powers of assigned escorts 7
Part 4Interstate prisoners on leave of absence in the ACT
Effect of interstate permits 9
Escape from custody 10
Powers of escorts who are police or custodial officers 11
Part 5Miscellaneous
Regulation-making power 12
Dictionary13
Endnotes
About the endnotes 15
Abbreviation key 15
Legislation history 16
Amendment history 16
Earlier republications 18
Prisoners Interstate Leave Act 1997 (repealed)
An Act to provide for interstate leave of absence for prisoners and the recognition of interstate laws permitting prisoners’ leave of absence in the ACT
Part 1Preliminary
Name of Act
This Act is the Prisoners Interstate Leave Act 1997.
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 words and expressions used in this Act, and includes references (signpost definitions) to other words and expressions defined elsewhere in this Act or in other legislation.
For example, the signpost definition ‘custodial officer—see the Remand Centres Act 1976, section 3.’ means that the expression ‘custodial officer’ is defined in that section and the definition applies to this Act.
Note 2A definition in the dictionary (including a signpost definition) 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 2001, s 155 and s 156 (1)).
2ANotes
A note included in this Act is explanatory and is not part of this Act.
NoteSee Legislation Act 2001, s 127 (1), (4) and (5) for the legal status of notes.
Functions of administration under corresponding laws
If a corresponding law gives a function to the person responsible for the conduct of prisons in the ACT, the function may be exercised by the administrator.
Part 2Recognition of other jurisdictions
Declaration of participating jurisdictions
(1)Subject to subsection (2), the Minister may, in writing, declare that a law of a State or another Territory is a corresponding law for this Act.
(2)The Minister shall not make a declaration under subsection (1) unless he or she is satisfied that the law to which the declaration relates contains provisions that substantially correspond to the provisions of this Act.
(3)A declaration under subsection (1) is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act 2001.
Part 3Leave of absence for prisoners
Grants of interstate leave of absence permits
(1)The administrator may, in writing, grant to a prisoner permission to absent himself or herself from a remand centre and to travel in or through a participating jurisdiction specified in the permission for a purpose that is specified in the permission.
(2)However, the administrator must give a permit only for a purpose mentioned in subsection (3).
(3)A permit may be granted for any of the following purposes:
(a)the medical treatment of the prisoner;
(b)to visit a person with whom the prisoner has had a longstanding personal relationship if that person is seriously ill or in acute personal need;
(c)to attend the funeral of a person with whom the prisoner has had a longstanding personal relationship;
(d)if the prisoner is of Aboriginal or Torres Strait Islands origin—to attend—
(i)the funeral service or burial of a member of his or her immediate or extended family; or
(ii)an occasion of special significance to members of his or her immediate or extended family;
(e)any other compassionate purpose;
(f)to assist a police officer of the ACT or another State or Territory with the investigation of an offence;
(g)for any other purpose described in the regulations.
(4)For this section, a person is of Aboriginal or Torres Strait Islands origin if he or she—
(a)is a descendant of an Aboriginal person or a Torres Strait Islander; and
(b)identifies as an Aboriginal person or a Torres Strait Islander; and
(c)is accepted as an Aboriginal person or a Torres Strait Islander by an Aboriginal or a Torres Strait Island community.
Conditions and restrictions
(1)A permit may be issued subject to any condition or restriction that the administrator considers appropriate and is specified in the permit.
(2)A permit has effect subject to the conditions and restrictions—
(a)prescribed by the regulations; or
(b)of a kind that is prescribed by the regulations and are specified in the permit; or
(c)specified under subsection (1) or section 10.
Length of period of leave of absence
(1)A permit has effect for the period specified in the permit, being a period that does not exceed 7 days.
(2)The administrator may, before the end of the currency of a permit, extend it or further extend it for not more than 7 days.
Assigned escorts
(1)Subject to subsection (2), the administrator must assign 1 or more escorts to exercise functions in relation to each permit granted under this part.
(2)The administrator must not assign under subsection (5) an escort who is a police officer without the consent of the chief police officer.
(3)If more than 1 escort is assigned in relation to a permit, the administrator must designate 1 of them as the senior escort.
Variation of permits
(1)Subject to this section, the administrator may, in writing, at any time—
(a)vary or revoke a permit; or
(b)vary, omit or add a condition or restriction to a permit.
(2)Subject to this section, while a prisoner is absent from a remand centre under a permit, the assigned escort or, if more than 1 escort has been assigned, the escort designated as the senior escort, may—
(a)vary or revoke the permit; or
(b)extend, or further extend, the currency of a permit; or
(c)vary, omit or add a condition or restriction to a permit.
(3)This section does not apply in relation to a condition or restriction that is, or is of a kind, that is prescribed by the regulations.
Effect of permits
Subject to this part, a prisoner to whom a permit has been granted is authorised to take leave of absence from a remand centre to undertake travel and return to the remand centre in accordance with the permit and the conditions and restrictions to which it is subject.
Custody of prisoners
(1)While on leave of absence from a remand centre under a permit, a prisoner is in the custody of the assigned escort or escorts.
(2)An assigned escort or the assigned escorts may—
(a)transfer the custody of the prisoner to whom the permit relates to a person in charge of a prison, correctional centre, watch-house or other institution, whether within or outside the ACT; and
(b)resume that custody.
(3)On the end of the currency of a permit, the superintendent of the remand centre from which the prisoner has been on leave of absence resumes, under this subsection, custody of the prisoner.
Powers of assigned escorts
(1)An assigned escort may—
(a)give to the prisoner directions that are necessary and reasonable; and
(b)use force that is necessary and reasonable;
to ensure that the permit, and any conditions and restrictions to which it is subject, are observed by the prisoner.
(2)A prisoner to whom a permit has been issued shall not disobey a direction given by an assigned escort under subsection (1).
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(3)An escort may, if he or she suspects on reasonable grounds that it would be prudent to do so to ascertain whether a prisoner is carrying a seizable item—
(a)conduct a frisk search or an ordinary search of the prisoner; and
(b)seize any seizable item found as a result of the search.
(4)In addition to the powers conferred by subsection (1) or (3), for the purpose of ensuring a prisoner’s compliance with this Act, the relevant permit and any condition or restriction to which the permit is subject, an assigned escort who is a police officer or custodial officer may—
(a)exercise other powers; and
(b)use force, weapons or means of restraint;
that he or she may lawfully exercise or use in his or her capacity as a police officer or custodial officer, as the case requires, by or under any other law in force in the ACT.
(5)In subsection (3):
frisk search—see the Crimes Act 1900, section 185.
ordinary search—see the Crimes Act 1900, section 185.
seizable item—see the Crimes Act 1900, section 185.
Part 4Interstate prisoners on leave of absence in the ACT
Effect of interstate permits
(1)If, under an interstate permit, a prisoner is brought to the ACT by an escort, the escort, while the prisoner is in the ACT, is authorised to hold, take and keep custody of the prisoner in accordance with the corresponding law under which the permit is issued for the purpose of escorting him or her—
(a)for the purpose or purposes set out in the interstate permit; and
(b)in accordance with the terms of the interstate permit;
and then returning him or her to the participating jurisdiction where the permit was issued.
(2)If, under an interstate permit issued in a participating jurisdiction—
(a)a prisoner is permitted to travel in the custody of an escort to another jurisdiction, other than the ACT; and
(b)in the course of the travel to or from the other jurisdiction the prisoner is brought into the ACT;
the escort, while the prisoner is in the ACT, is authorised to hold, take and keep custody of the prisoner for the purpose of escorting him or her, in accordance with the terms of the interstate permit, through the ACT.
(3)An escort appointed in relation to an interstate permit may use the force that is necessary to ensure that the permit and any conditions to which it is subject are observed.
(4)If, under an interstate permit, a prisoner is permitted to be in the ACT without an escort, the prisoner shall be deemed, while in the ACT, to be in lawful custody in accordance with the laws of the jurisdiction in which the interstate permit was issued.
Escape from custody
(1)If a prisoner who is in escorted custody in the ACT escapes or attempts to escape from custody—
(a)the interstate permit under which the prisoner is in the ACT ceases, under this paragraph, to have effect in the ACT; and
(b)the prisoner, if he or she has escaped, may be apprehended by any person without a warrant.
(2)A person other than a police officer who apprehends a prisoner under subsection (1) (b) must deliver the prisoner into the custody of a police officer as soon as practicable.
(3)A police officer who apprehends a prisoner under subsection (1) (b) or into whose custody a prisoner is delivered under subsection (2) must bring the prisoner before a magistrate as soon as practicable.
(4)A magistrate before whom a prisoner is brought under subsection (3) may order that the prisoner—
(a)be returned in custody to the participating jurisdiction where the interstate permit had issued; and
(b)that, for that purpose, he or she be placed within 7 days in the custody of an appropriate interstate escort; and
(c)that, until appropriate arrangements are made for an appropriate interstate escort to take custody of the prisoner or 7 days have expired, whichever sooner happens, the prisoner be detained in custody in the ACT.
(5)In this section:
appropriate interstate escort means—
(a)a person who had custody of the prisoner when the prisoner entered the ACT; or
(b)a police officer or custodial officer holding office in the jurisdiction to which the prisoner is to be returned; or
(c)a person appointed in writing by a person who, in the jurisdiction to which the prisoner is to be returned, has authority to issue interstate leave permits.
prisoner includes—
(a)a prisoner who has escaped from custody; and
(b)a prisoner who, having escaped, has been apprehended.
Powers of escorts who are police or custodial officers
An escort who, for the purpose of—
(a)keeping custody of a prisoner; or
(b)apprehending a prisoner who has escaped;
uses force, weapons or means of restraint in a manner and in circumstances that would be lawful in the participating jurisdiction where the interstate permit was issued if the use occurred in that jurisdiction, does not commit an offence against a Territory law by reason of that use.
Part 5Miscellaneous
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 2)
Note 1The Legislation Act 2001 contains definitions and other provisions relevant to this Act.
Note 2In particular, the Legislation Act 2001, dict, pt 1, defines the following terms:
·ACT
·chief police officer
·custodial escort
·police officer
·remand centre
·remand centre administrator
·the Territory.
administrator means the remand centre administrator.
assigned escort, in relation to a permit or a prisoner who is absent from a remand centre under a permit, means the escort assigned to exercise functions in relation to the permit under section 9 (1).
corresponding law means a law of a participating jurisdiction that corresponds to this Act.
custodial officer—see the Remand Centres Act 1976, section 3.
escort means a custodial escort.
interstate permit means a permit, issued under a corresponding law, permitting a prisoner to travel in or through the ACT, and includes any condition or restriction to which the permit is subject.
participating jurisdiction means a State or another Territory in which there is in force a corresponding law.
permit means a permission under section 6.
prisoner means—
(a)for part 3 (Leave of absence for prisoners)—a person detained in a remand centre; and
(b)for part 4 (Interstate prisoners on leave of absence in the Territory)—a person in custody under the law of a participating jurisdiction.
Endnotes
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.
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
Legislation history
The Prisoners Interstate Leave Act 1997 (repealed) was originally the Prisoners’ Interstate Leave Act 1997. It was renamed by the Statute Law Amendment Act 2002 No 30 (see amdt 3.603).
Prisoners Interstate Leave Act 1997 No 99
notified 24 December 1997 (Gaz 1997 No S420)
s 1, s 2 commenced 24 December 1997 (s 2 (1))
remainder commenced 24 June 1998 (s 2 (3))as amended by
Custodial Escorts (Consequential Provisions) Act 1998 No 67 pt 9
notified 23 December 1998 (Gaz 1998 No S212)
s 1, s 2 commenced 23 December 1998 (s 2 (1))
pt 9 commenced 23 December 1998 (s 2 (2) and Gaz 1998 No 51)Legislation (Consequential Amendments) Act 2001 No 44 pt 297
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 297 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)Statute Law Amendment Act 2002 No 30 pt 3.53
notified LR 16 September 2002
s 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2))
pt 3.53 commenced 17 September 2002 (s 2 (1))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)
Amendment history
Name of Act
s 1sub 2002 No 30 amdt 3.603
Dictionary
s 2om 2001 No 44 amdt 1.3277
ins 2002 No 30 amdt 3.604
Notes
s 2Ains 2002 No 30 amdt 3.604
Functions of administration under corresponding laws
s 3sub 2002 No 30 amdt 3.604
Declaration of participating jurisdictions
s 4am 2001 No 44 amdt 1.3278-1.3279
Interpretation for pt 3
s 5om 2002 No 30 amdt 3.605
def escort am 1998 No 67 s 32
Grants of interstate leave of absence permits
s 6am 2002 No 30 amdt 3.606, amdt 3.607; ss renum R4 LA (see 2002 No 30 amdt 3.608)
Conditions and restrictions
s 7am 2002 No 30 amdt 3.609
Assigned escorts
s 9am 1998 No 67 s 33; ss renum R1 LA; 2002 No 30 amdt 3.610
Powers of assigned escorts
s 13am 1998 No 67 s 34; 2002 No 30 amdt 3.611
Definitions for pt 4
s 14om 2002 No 30 amdt 3.612
Escape from custody
s 16am 1998 No 67 s 35; 2002 No 30 amdt 3.613
Regulation-making power
s 18sub 2001 No 44 amdt 1.3280
Dictionary
dictins 2002 No 30 amdt 3.614
def administrator ins 2002 No 30 amdt 3.614
def assigned escort ins 2002 No 30 amdt 3.614
def corresponding law ins 2002 No 30 amdt 3.614
def custodial officer ins 2002 No 30 amdt 3.614
def escort ins 2002 No 30 amdt 3.614
def interstate permit ins 2002 No 30 amdt 3.614
def participating jurisdiction ins 2002 No 30 amdt 3.614
def permit ins 2002 No 30 amdt 3.614
def prisoner ins 2002 No 30 amdt 3.614
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 Act 1998 No 67 17 April 2000 2 Act 2001 No 44 26 February 2002 3 A2002-30 1 October 2002
© Australian Capital Territory 2006
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