Prisoners (Interstate Transfer) Amendment Act 2009 (WA)

Western Australia

Prisoners (Interstate Transfer) Amendment

Act 2009

Western Australia

Prisoners (Interstate Transfer)

Amendment Act 2009

CONTENTS

1.	Short title	1
2.	Commencement	1
3.	Act amended	2
4.	Part II heading replaced	2
Part II — Transfer at request of prisoner
5.	Section 5 amended	2
6.	Section 9A inserted	2

9A.	Matters to which the Minister may have
regard 3

7.	Section 9 amended	3
8.	Section 21 amended	3

Western Australia

Prisoners (Interstate Transfer) Amendment

Act 2009

No. 1 of 2009

An Act to amend the Prisoners (Interstate Transfer) Act 1983.

[Assented to 17 April 2009]

The Parliament of Western Australia enacts as follows:

1.             Short title

This is the Prisoners (Interstate Transfer) Amendment Act 2009.

2.             Commencement

This Act comes into operation as follows —

(a)	sections 1 and 2 — on the day on which this Act receives the Royal Assent;
(b)	the rest of the Act — on the day after that day.

Prisoners (Interstate Transfer) Amendment Act 2009

s. 3

3.             Act amended

This Act amends the Prisoners (Interstate Transfer) Act 1983.

4.             Part II heading replaced

Delete the heading to Part II and insert:

Part II — Transfer at request of prisoner

5.             Section 5 amended

(1)

In section 5(1)(b) delete “Territory in the interests of the welfare

of the prisoner,” and insert:

Territory,

(2)

In section 5(3)(b) delete “State in the interests of the welfare of

the prisoner,” and insert:

State,

(3)

In section 5(5)(b) delete “Territory in the interests of the welfare

of the prisoner,” and insert:

Territory,

6.             Section 9A inserted

After section 8 insert:

Prisoners (Interstate Transfer) Amendment Act 2009

s. 7

9A.

Matters to which the Minister may have regard

In forming an opinion or exercising a discretion under

this Part, the Minister may have regard to any one or

more of the following —

(a)	the welfare of the prisoner or person concerned;
(b)	the administration of justice in this or any other State;
(c)	the security and good order of any prison in this or any other State;
(d)	the safe custody of the prisoner or person concerned;
(e)	the protection of the community in this or any other State;
(f)	any other matter the Minister considers relevant.

7.             Section 9 amended

In section 9(1) delete “may have regard to reports” and insert:

by reference to reports

8.             Section 21 amended

(1)

In section 21(1)(a) delete “that it is in the interests of the

welfare of the person”.

(2)

After section 21(1) insert:

(2A)

In forming an opinion or exercising a discretion under

this Part, the Minister may have regard to any one or

more of the following —

(a) the welfare of the person concerned;

Prisoners (Interstate Transfer) Amendment Act 2009

s. 8

(b)	the administration of justice in this or any other State;
(c)	the security and good order of any prison in this or any other State;
(d)	the safe custody of the person concerned;
(e)	the protection of the community in this or any other State;
(f)	any other matter the Minister considers relevant.