Prisoners (Interstate Transfer) Regulation 2014 (NSW)

1Name of Regulation

This Regulation is the Prisoners (Interstate Transfer) Regulation 2014.

2Commencement

This Regulation commences on the day on which it is published on the NSW legislation website.

Note—

This Regulation replaces the Prisoners (Interstate Transfer) Regulation 2009.

3Definitions(1)

In this Regulation:

Commissioner means the Commissioner of Corrective Services.

Corrective Services NSW has the same meaning as in the Crimes (Administration of Sentences) Act 1999.

Department means the Department of Justice.

Secretary means the Secretary of the Department.

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

(2)

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

4Consent to transfer

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

• (a)

  the Secretary,

• (b)

  an officer of the Department authorised by the Secretary for the purposes of this clause.

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 in the following manner:

• (a)

  by the Commissioner or by an officer of Corrective Services NSW authorised by the Commissioner to certify the copy,

• (b)

  by endorsement of the copy with a statement, signed by the person certifying it, that indicates the following:

  • (i)

    the name of the person certifying the copy,

  • (ii)

    the position in Corrective Services NSW held by the person certifying the copy,

  • (iii)

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

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.

7Repeal and savings(1)

The Prisoners (Interstate Transfer) Regulation 2009 is repealed.

(2)

Any act, matter or thing that, immediately before the repeal of the Prisoners (Interstate Transfer) Regulation 2009, had effect under that Regulation continues to have effect under this Regulation.