Prisoners (Interstate Transfer) Regulation 2024 (NSW)

1Name of regulation

This regulation is the Prisoners (Interstate Transfer) Regulation 2024.

2Commencement

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This regulation repeals and replaces the Prisoners (Interstate Transfer) Regulation 2019, which would otherwise be repealed on 1 September 2024 by the Subordinate Legislation Act 1989, section 10(2).

3Definitions

In this regulation—

Commissioner has the same meaning as in the Crimes (Administration of Sentences) Act 1999.

Department means the department in which the Act is administered.

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.

4Consent to transfer prisoner to participating State—the Act, s 13

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

• (a)

  the Secretary of the Department,

• (b)

  the General Counsel of the Department.

5Certification of documents—the Act, s 26(1)

For the Act, section 26(2), a copy is certified if the copy includes the following—

• (a)

  a statement by the Commissioner, or an officer of Corrective Services NSW authorised by the Commissioner to certify the copy, that the copy is a true and accurate copy of the original order or document,

• (b)

  the name and position of the person certifying the copy,

• (c)

  the person’s signature.

(2)

In this section—

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

6Application for revocation of order of transfer—the Act, s 34

The following offices and positions are prescribed—

• (a)

  the Attorney General,

• (b)

  the Minister,

• (c)

  the Commissioner,

• (d)

  the Director of Public Prosecutions.

7Repeal and savings(1)

The Prisoners (Interstate Transfer) Regulation 2019 is repealed.

(2)

An act, matter or thing that, immediately before the repeal of the Prisoners (Interstate Transfer) Regulation 2019, had effect under that regulation continues to have effect under this regulation.

Historical notesTable of amending instruments

Prisoners (Interstate Transfer) Regulation 2024 (364). LW 9.8.2024. Date of commencement, on publication on LW, sec 2.