Removal of Prisoners (Territories) Regulation 2015

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2015L01524 Regulations In force Legislative Instrument

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EXPLANATORY STATEMENT

 

Issued by the authority of the Minister for Territories, Local Government and Major Projects

 

Removal of Prisoners (Territories) Regulation 2015

 

Authority

The Governor-General has made this Regulation in accordance with the power granted to him under section 14 of the Removal of Prisoners (Territories) Act 1923 (the Act).

This Regulation is a legislative instrument for the purpose of the Legislative Instruments Act 2003 (the LIA).

 

Purpose and Operation

The purpose of the Removal of Prisoners (Territories) Regulation 2015 (the Regulation) is to re-make the Removal of Prisoners (Territories) Regulations (the Regulations).  The LIA provides that all legislative instruments, other than exempt instruments, progressively ‘sunset’ according to the timetable set out in the LIA. 

The re-made Regulation will ensure the continuation of an administrative process which allows prisoners to make an application to the Secretary of the Commonwealth Department with administrative responsibility for the Territories, to return to a Territory after they have been discharged or released from custody.

Nothing would prevent the prisoner from returning to a Territory at their own expense.  However, the Act and the Regulations provide for approval for return to a Territory at no cost to the prisoner.  The Regulations being re-made provide for the return of the prisoner at no cost to them:

Section 8 of the Act effectively provides that:

Where a prisoner has been removed in pursuance of this Act, the Governor-General, or the Government of the State or Territory to which the prisoner has been so removed…that prisoner is entitled, on making application in such manner and within such time as is prescribed (in the Regulations), to be sent free of cost from the place at which he or she was discharged or released from custody to the Territory from which he or she was removed.

Consultation

The Department of Infrastructure and Regional Development (the Department) consulted within the Australian Government.  Community consultation was not undertaken as the Regulation is administrative in nature and extends current arrangements. 

The Department was provided with an exemption to provide a Regulatory Impact Statement from the Office of Best Practice Regulation due to the administrative nature of the Regulation.

This Regulation commence on the day after registration.

Part 1 – Preliminary

Section 1 – Name

This section provides that the title of this Regulation is the Removal of Prisoners (Territories) Regulation 2015.

Section 2 – Commencement

This section provides that this Regulation commence on the day after it is registered on the Federal Register of Legislative Instruments.

Section 3 – Authority

This section provides that this Regulation is made under the Removal of Prisoners (Territories) Act 1923.

Section 4 – Schedules

This section provides that each instrument that is specified in a Schedule to this Regulation is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Regulation have effect according to their terms.

Section 5 – Definitions

This section contains the defined terms used in this Regulation.

Section 6 – Return of removed prisoner

This section provides that for subsection 8(3) of the Removal of Prisoners (Territories) Act 1923, this Regulation can prescribe the timeframe in which an application can be made.  An application must be made to the Secretary within 14 days after the person is discharged or released from custody.  

Schedule 1- Repeal

Removal of Prisoners (Territories) Regulations

Item 1 Explanation

Item 1 will repeal the whole of the Removal of Prisoners (Territories) Regulations.


Statement of Compatibility with Human Rights

Prepared in Accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Removal of Prisoners (Territories) Regulation 2015

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Legislative Instrument

The purpose of the Removal of Prisoners (Territories) Regulation 2015 (the Regulation) is to repeal the existing Removal of Prisoners (Territories) Regulations (the Regulations) and substitute them with a new Regulation which will ensure that the Regulations are re-made before 1 October 2015, which is the date on which they are due to sunset.  The new Regulation will ensure the continuation of an administrative process which allows prisoners to make an application to the Secretary of the Commonwealth Department with administrative responsibility for the Territories to return to a Territory after they have been discharged or released from custody..

 

Human Rights Implications

Amendments to the:

Removal of Prisoners (Territories) Regulations

The amendments to the legislation provided above do not engage any other human rights, as the amendments are of a minor or technical nature, and do not have significant impacts on the residents of the Territories.

Conclusion

As this Instrument promotes the rights of people with disabilities, it is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

 

 

 

 

 

The Hon Paul Fletcher, Minister for Territories, Local Government and Major Projects

Overview

The Removal of Prisoners (Territories) Regulation 2015 was enacted to ensure the continuation of the administrative process that allows prisoners to apply for return to a Territory after their discharge or release from custody. The Act was made under the power granted by section 14 of the Removal of Prisoners (Territories) Act 1923, which allows for the return of prisoners to a Territory at no cost to them. The Regulation, made by the Minister for Territories, Local Government and Major Projects, aims to re-make the existing Regulations before their scheduled sunset date of 1 October 2015. The policy objective is to maintain the administrative process which facilitates the return of prisoners to their respective Territories at no expense to the prisoners, thereby upholding their rights and freedoms as recognised under the international human rights instruments.

Scope and Application

The Removal of Prisoners (Territories) Regulation 2015 applies to prisoners who have been removed from Australian Territories, specifically the Northern Territory and the Australian Capital Territory, under the provisions of the Removal of Prisoners (Territories) Act 1923. The Regulation is concerned with the administrative process for facilitating the return of these prisoners to their respective Territories upon discharge or release from custody, allowing them to return at no cost to themselves if approved by the Secretary of the Commonwealth Department responsible for the Territories. This process is intended to be a continuation of existing administrative arrangements, with the Regulation ensuring these provisions remain in effect as the previous Regulations were due to sunset on 1 October 2015. The scope of the Regulation is strictly administrative and does not extend to any form of community consultation, given its nature. The Regulation does not specify any exclusions or exemptions beyond the general criteria outlined within the Act for the return of prisoners, and it does not extend beyond the administrative provisions set out in the Act. This Regulation is a legislative instrument made under the authority of the Governor-General, and its commencement is contingent upon its registration on the Federal Register of Legislative Instruments.

Key Provisions

The main sections of the Removal of Prisoners (Territories) Regulation 2015 include the name of the Regulation (section 1), its commencement date (section 2), the authority under which it is made (section 3), the Schedules that detail the amendments or repeals of existing regulations (section 4), definitions of key terms (section 5), and provisions for the return of removed prisoners (section 6). Section 6 specifies that an application for the return of a removed prisoner must be made to the Secretary within 14 days after the prisoner is discharged or released from custody, as stipulated in subsection 8(3) of the Removal of Prisoners (Territories) Act 1923. Schedule 1 outlines the repeal of the existing Removal of Prisoners (Territories) Regulations. The Regulation imposes several obligations on the parties involved. The primary obligation is on the prisoner who must make an application to the Secretary within the prescribed timeframe—14 days after being discharged or released from custody—to be returned to the Territory from which they were removed, free of cost. The Secretary, on the other hand, is required to process these applications and facilitate the return of eligible prisoners. The Commonwealth Department with administrative responsibility for the Territories must also ensure that the administrative process for handling these applications is efficient and timely. Breach of the provisions outlined in the Regulation can lead to various consequences. While the Regulation does not explicitly state the penalties for non-compliance, it is implied that failure to make an application within the prescribed timeframe may result in the prisoner being ineligible for a free return to the Territory, and would instead have to bear the cost of their return. Additionally, any procedural errors or delays in the processing of applications by the Secretary or the relevant Department could potentially result in further administrative or legal consequences, although these are not explicitly detailed in the Regulation. The Regulation emphasises its compatibility with human rights as recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. The Statement of Compatibility with Human Rights included in the explanatory statement clarifies that the amendments to the Removal of Prisoners (Territories) Regulations are of a minor or technical nature and do not significantly impact the rights of residents of the Territories. The Regulation aims to ensure that the administrative process for returning prisoners to their respective Territories remains in place, thereby promoting the rights of people with disabilities by facilitating their reintegration into society.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.