Prisoners (Interstate Transfer) Regulations 2024 (Vic)

Version No. 001

Prisoners (Interstate Transfer) Regulations 2024

S.R. No. 24/2024

Version as at

3 May 2024

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Revocation

5Necessary consents

6Certification of copy documents

7Revocation of an order of transfer on escape from custody

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Endnotes

1      General information

2      Table of Amendments

3      Explanatory details

Version No. 001

Prisoners (Interstate Transfer) Regulations 2024

S.R. No. 24/2024

Version as at

3 May 2024

1Objective

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

2Authorising provision

These Regulations are made under section 35 of the Prisoners (Interstate Transfer) Act 1983.

3Commencement

These Regulations come into operation on 3 May 2024.

4Revocation

The Prisoners (Interstate Transfer) Regulations 2014[1] are revoked.

5Necessary consents

For the purposes of section 13(2) of the Prisoners (Interstate Transfer) Act 1983, the Secretary to the Department of Justice and Community Safety 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 it is certified according to the requirements of Part 5 of the Oaths and Affirmations Act 2018.

7Revocation of an order of transfer on escape from custody

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 and Community Safety;

(c)the Attorney-General;

(d)the Director of Public Prosecutions.

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ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Prisoners (Interstate Transfer) Regulations 2024, S.R. No. 24/2024 were made on 16 April 2024 by the Governor in Council under section 35 of the Prisoners (Interstate Transfer) Act 1983, No. 9881/1983 and came into operation on 3 May 2024: regulation 3.

The Prisoners (Interstate Transfer) Regulations 2024 will sunset 10 years after the day of making on 16 April 2034 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule.  Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. 
See section 36(1A)(2A)(2B).

•     Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule.  Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule.  See section 36(3A).

•     Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule.  Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

•     Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001.  Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule.  See section 36(3)(3D)(3E).

2   Table of Amendments

There are no amendments made to the Prisoners (Interstate Transfer) Regulations 2024 by statutory rules, subordinate instruments and Acts.

3   Explanatory details

[1] Reg. 4: S.R. No. 26/2014.