Prisoners (Interstate Transfer) Regulation 2004 (NSW)

Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Prisoners (Interstate Transfer) Act 1982.

Minister for Justice

1Name of Regulation

This Regulation is the Prisoners (Interstate Transfer) Regulation 2004.

2Commencement

This Regulation commences on 1 September 2004.

Note—

This Regulation replaces the Prisoners (Interstate Transfer) Regulation 1999, which is repealed on 1 September 2004 by section 10 (2) of the Subordinate Legislation Act 1989.

3Definitions(1)

In this Regulation:

Commissioner means the Commissioner of Corrective Services.

the Act means the Prisoners (Interstate Transfer) Act 1982.

(2)

Notes in this Regulation do not form part of this Regulation.

4Consent for transfer

For the purpose of section 13 (2) of the Act, the following are prescribed officers:

• (a)

  the Commissioner,

• (b)

  an officer of the Department of Corrective Services authorised by the Commissioner to certify that a consent or request required under section 13 (1) of the Act has been given or made.

5Certification of documents

For the purpose of section 26 (2) of the Act, a copy of an order or document referred to in section 26 (1) of the Act is to be certified by the Commissioner, or an officer of the Department of Corrective Services authorised by the Commissioner to certify the copy, by endorsement of the copy with a statement, signed by the person certifying it, that indicates the following:

• (a)

  the name of the person certifying the copy,

• (b)

  the position in the Department of Corrective Services held by the person certifying the copy,

• (c)

  that the person certifies that the copy is a true and accurate copy of the original order or document described in the statement.

6Application for revocation of order of transfer

For the purpose of section 34 of the Act, the holders of the following offices or positions are prescribed as persons who may make an application for the revocation of an order of transfer:

• (a)

  the Attorney General,

• (b)

  the Minister for Justice,

• (c)

  the Commissioner,

• (d)

  the Director of Public Prosecutions.

7Savings

Any act, matter or thing that, immediately before the repeal of the Prisoners (Interstate Transfer) Regulation 1999, had effect under that Regulation is taken to have effect under this Regulation.