Prisoners (Interstate Transfer) Amendment Act 1994 (WA)

WESTERN AUSTRALIA

PRISONERS (INTERSTATE

T SFER) MENT

ACT 1994

No. 5 of 1994

AN ACT to amend the Prisoners (Interstate Transfer)

Act 1983.

[Assented to 11 April 1994.1

The Parliament of Western Australia enacts as follows:

Short title

1. This Act may be cited as the Prisoners (Interstate Transfer)

Amendment Act 1994.

No. 5] Prisoners (Interstate Transfer) Amendment

Act 1994

Commencement

2.     This Act comes into operation on such day as is fixed by

proclamation.

Section 3 amended

3. (1) Section 3 (1) of the Prisoners (Interstate Transfer) Act

1983* is amended —

(a)	by deleting the definition of "Australian Capital Territory";
(b)	by deleting the definition of "corresponding Minister" and substituting the following definition —

If

"corresponding Minister", in relation to a participating State, means the Minister of that State who is responsible for the administration of the interstate law of that State;

(c) by deleting the definition of "joint prisoner" and substituting the following definition -

f t

"joint prisoner" means a person upon

whom both —

(a) any of the following —

(i)

a State sentence of

imprisonment; or

(ii)    a State sentence of imprisonment as defined by an interstate law; or

(iii)  an ACT sentence of imprisonment as defined

Prisoners (Interstate Transfer) Amendment [No. 5

Act 1994

by the Prisoners (Interstate Transfer) Act 1993 of the Australian Capital Territory; or

(iv) a Territory sentence of imprisonment as defined by the Prisoners (Interstate Transfer) Act of the Northern Territory;

and

(b) a Commonwealth sentence of

imprisonment,

have been imposed;

(d)

by deleting the definition of "participating State" and ti

"participating State" means a State in

which an interstate law is in force;

(e) by deleting the definition of "sentence of imprisonment" and substituting the following definition —

gig

"sentence of imprisonment" means —

(a)

a State sentence of

imprisonment; or

(b)

a State sentence of imprisonment as defined by an interstate law; or

(c)

an ACT sentence of imprisonment as defined by

No. 5] Prisoners (Interstate Transfer) Amendment

Act 1994

the Prisoners (Interstate Transfer) Act 1993 of the Australian Capital Territory; or

(d)	a Territory sentence of imprisonment as defined by the Prisoners (Interstate Transfer) Act of the Northern Territory; or
(e)	where relevant, a Commonwealth sentence of imprisonment;

(f) in the definition of "State", by inserting after "includes" the following —

the Australian Capital Territory and "; and

(g) by deleting the definition of "Territory" and substituting the following definition —

It

"Territory" means the Territory of Norfolk Island, the Territory of Christmas Island, the Territory of the Cocos (Keeling) Islands or the Jervis Bay Territory;

(2) Section 3 (5) of the Prisoners (Interstate Transfer) Act 1983* is repealed and the following subsections are substituted —

(5) In the case of a State other than the Australian Capital Territory or the Northern Territory, a reference in this Act to the Governor of a participating State includes a reference to any person

Prisoners (Interstate Transfer) Amendment [No. 5

Act 1994

exercising and performing all the powers and

functions of the Governor of that State.

(5a) In the case of the Australian Capital Territory —

(a)	the reference in section 26 (4) to the Governor of a participating State is a reference to the Governor-General; and
(b)	the references in section 26 (5) (b) to the Governor of a participating State are references to the Governor-General or to the Executive within the meaning of the Australian Capital Territory (Self- Government) Act 1988 of the Commonwealth.

(5b) In the case of the Northern Territory, a reference in this Act to the Governor of a participating State is a reference to the Administrator of the Northern Territory, and includes a reference to any person exercising and performing all the powers and functions of the Administrator.

(5c) A reference in this Act to the Governor- General includes a reference to any person exercising and performing all the powers and functions of the Governor-General.

[* Act No. 75 of 1983.

For subsequent amendments, see 1992 Index to

Legislation of Western Australia, Table 1, p. 168.]