Prisoners (Interstate Transfer) Regulations 2014 (Vic)

Version No. 001

Prisoners (Interstate Transfer) Regulations 2014

S.R. No. 26/2014

Version incorporating amendments as at

28 June 2014

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provisions

3Commencement

4Revocation

5Section 13 certificates

6Certification of copy documents

7Applications for revocation of an order of transfer

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ENDNOTES

1.  General Information

2.  Table of Amendments

3.  Explanatory Details

Version No. 001

Prisoners (Interstate Transfer) Regulations 2014

S.R. No. 26/2014

Version incorporating amendments as at

28 June 2014

1Objective

The objective of these Regulations is to identify certain officials to facilitate applications and certifications under the Prisoners (Interstate Transfer) Act 1983.

2Authorising provisions

These Regulations are made under sections 13, 26, 34 and 35 of the Prisoners (Interstate Transfer) Act 1983.

3Commencement

These Regulations come into operation on 28 June 2014.

4Revocation

The Prisoners (Interstate Transfer) Regulations 2004[1] are revoked.

5Section 13 certificates

For the purposes of section 13(2) of the Prisoners (Interstate Transfer) Act 1983, the Secretary to the Department of Justice is a prescribed officer.

6Certification of copy documents

For the purposes of section 26(2) of the Prisoners (Interstate Transfer) Act 1983, a copy of an order or other document is certified in the prescribed manner if either—

(a)it is marked with an "A" and there is attached to it a document that contains a statement—

(i)that is worded to the following effect—

'I, A.B., [position held] of the Department of Justice certify that the document marked "A" that is attached to this statement is a true copy of [identify the order or document of which it is a copy]'; and

(ii)that is signed by or on behalf of the Secretary to the Department of Justice; or

(b)it has written on the front side of its first page a statement—

(i)that is worded to the following effect—

"I, A.B., [position held] of the Department of Justice certify that this document is a true copy of the original."; and

(ii)that is signed by or on behalf of the Secretary to the Department of Justice.

7Applications for revocation of an order of transfer

For the purposes of section 34 of the Prisoners (Interstate Transfer) Act 1983, the holder of a prescribed office or position is the following—

(a)the Minister;

(b)the Secretary to the Department of Justice;

(c)the Attorney-General;

(d)the Director of Public Prosecutions.

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ENDNOTES

1.     General Information

The Prisoners (Interstate Transfer) Regulations 2014, S.R. No. 26/2014 were made on 6 May 2014 by the Governor in Council under sections 13, 26, 34 and 35 of the Prisoners (Interstate Transfer) Act 1983, No. 9881/1983 and came into operation on 28 June 2014: regulation 3.

The Prisoners (Interstate Transfer) Regulations 2014 will sunset 10 years after the day of making on 6 May 2024 (see section 5 of the Subordinate Legislation Act 1994).

2.     Table of Amendments

There are no amendments made to the Prisoners (Interstate Transfer) Regulations 2014 by statutory rules, subordinate instruments and Acts.

3.     Explanatory Details

[1] Reg. 4: S.R. No. 76/2004.