Prisoners (Interstate Transfer) Regulation 2019 (NSW)

Prisoners (Interstate Transfer) Regulation 2019

[2019-364]

Status information

Currency of version
Current version for 2 August 2019 to date (accessed 3 August 2019 at 08:14)
Legislation on this site is usually updated within 3 working days after a change to the legislation.

Provisions in force
The provisions displayed in this version of the legislation have all commenced. See Historical Notes

Staged repeal status
This legislation is currently due to be automatically repealed under the Subordinate Legislation Act 1989 on 2024-09-01

Authorisation
This version of the legislation is compiled and maintained in a database of legislation by the Parliamentary Counsel's Office and published on the NSW legislation website, and is certified as the form of that legislation that is correct under section 45C of the Interpretation Act 1987.

File last modified 2 August 2019.

Prisoners (Interstate Transfer) Regulation 2019

[2019-364]

Contents

Prisoners (Interstate Transfer) Regulation 2019

1   Name of Regulation

This Regulation is the Prisoners (Interstate Transfer) Regulation 2019.

2   Commencement

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

Note.

 This Regulation repeals and replaces the Prisoners (Interstate Transfer) Regulation 2014, which would otherwise be repealed on 1 September 2019 by section 10 (2) of the Subordinate Legislation Act 1989.

3   Definition

(1)  In this Regulation—

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

Note.

 The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

(2)  Notes included in this Regulation do not form part of this Regulation.

4   Consent to transfer prisoner to a participating State

For the purposes of section 13 (2) of the Act, the following are prescribed officers—

(a)  the Secretary of the Department of Family and Community Services and Justice,

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

5   Certification of documents

For the purposes 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 of Corrective Services, or an officer of Corrective Services NSW (within the meaning of the Crimes (Administration of Sentences) Act 1999) authorised by the Commissioner to certify the copy, by signing the copy and including—

(a)  the name and position of the person certifying the copy, and

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

6   Application for revocation of order of transfer

For the purposes 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, and Minister for the Prevention of Domestic Violence,

(b)  the Minister for Counter Terrorism and Corrections,

(c)  the Commissioner of Corrective Services,

(d)  the Director of Public Prosecutions.

7   Repeal and savings

(1)  The Prisoners (Interstate Transfer) Regulation 2014 is repealed.

(2)  Any act, matter or thing that, immediately before the repeal of the Prisoners (Interstate Transfer) Regulation 2014, had effect under that Regulation continues to have effect under this Regulation.

Historical notes

The following abbreviations are used in the Historical notes:

Am	amended	LW	legislation website	Sch	Schedule
Cl	clause	No	number	Schs	Schedules
Cll	clauses	p	page	Sec	section
Div	Division	pp	pages	Secs	sections
Divs	Divisions	Reg	Regulation	Subdiv	Subdivision
GG	Government Gazette	Regs	Regulations	Subdivs	Subdivisions
Ins	inserted	Rep	repealed	Subst	substituted

Table of amending instruments

Prisoners (Interstate Transfer) Regulation 2019 (364). LW 2.8.2019. Date of commencement, on publication on LW, cl 2.