Transfer Of Prisoners (Consequential Amendments) Act 1983

Legislation au C2004A02813 Not in force Act

Legislation content

Transfer of Prisoners (Consequential Amendments) Act 1983

No. 96 of 1983

 

An Act to amend certain Acts in consequence of the enactment of the Transfer of Prisoners Act 1983, and for related purposes

[Assented to 22 November 1983]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

PART I—PRELIMINARY

Short title

1. This Act may be cited as the Transfer of Prisoners (Consequential Amendments) Act 1983.

Commencement

2. (1) Sections 1, 2 and 6 shall come into operation on the day on which this Act receives the Royal Assent.

(2) Sections 3, 4, 5 and 8 shall come into operation on the day on which the Transfer of Prisoners Act 1983 comes into operation.

(3) Sections 7 and 9 shall come into operation on a day to be fixed by Proclamation.


PART II—AMENDMENTS OF THE REMOVAL OF PRISONERS (AUSTRALIAN CAPITAL TERRITORY) ACT 1968

Principal Act

3. The Removal of Prisoners (Australian Capital Territory) Act 19681 is in this Part referred to as the Principal Act.

Removal to, or detention in, the State

4. Section 5 of the Principal Act is amended—

(a) by omitting from sub-section (1) “Where a magistrate or a court has, whether before or after the commencement of this Act, made an order or pronounced a sentence by virtue of which a person is to be, or may be, imprisoned or otherwise held in custody” and substituting “Where, under a law as in force in the Territory, a person is liable to undergo imprisonment or other detention in custody”; and

(b) by omitting from sub-section (3) “of the magistrate or court by reason of which the warrant was issued” and substituting “by virtue of which the person became liable to undergo imprisonment or other detention in custody”.

5. After section 6 of the Principal Act the following section is inserted:

Relationship between this Act and Transfer of Prisoners Act 1983

“6a. (1) A person shall not be removed from the Territory in pursuance of a warrant under sub-section 5 (1), and a person shall not be returned to the State in pursuance of sub-section 6 (2), without the consent in writing of the Attorney-General.

“(2) The Attorney-General shall grant his consent under sub-section (1) to the removal of a person from the Territory or to the return of a person to the State unless he is of the opinion that action to remove the person from the Territory (whether or not to the State) should be taken under the Transfer of Prisoners Act 1983.

“(3) Where—

(a) the consent of the Attorney-General to the removal or return of a person is in force under this section; and

(b) the Attorney-General becomes of the opinion that action to remove the person from the Territory (whether or not to the State) should be taken under the Transfer of Prisoners Act 1983,

the Attorney-General shall, by writing signed by him, revoke that consent.

“(4) Where the consent of the Attorney-General to the removal of a person from the Territory or to the return of a person to the State is in force under this section, the Attorney-General is not required to make an order under section 14 of the Transfer of Prisoners Act 1983 in respect of the person.

“(5) The consent under sub-section (1) of the Attorney-General to the removal of a person from the Territory or to the return of a person to the State

comes into force on the day on which it is granted and remains in force until the person is so removed or returned.

“(6) A transfer order under the Transfer of Prisoners Act 1983 for the transfer of a person from the State to the Territory shall not be made or executed if the removal of the person from the State to the Territory could be, or is, authorized by a warrant that could be issued, or that is in force, under sub-section 6 (1) of this Act.

“(7) The Attorney-General may, either generally or as otherwise provided in the instrument of delegation, by writing signed by him, delegate to a person all or any of his powers under this section other than this power of delegation.

“(8) A power delegated under sub-section (7), when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Attorney-General.

“(9) A delegation under sub-section (7) does not prevent the exercise of a power by the Attorney-General.”.

PART III—AMENDMENTS OF THE REMOVAL OF PRISONERS (TERRITORIES) ACT 1923

Principal Act

6. The Removal of Prisoners (Territories) Act 19232 is in this Part referred to as the Principal Act.

Removal of prisoners from Territories in certain cases

7. (1) Section 3 of the Principal Act is amended by inserting in sub-section (1) “other than the Northern Territory” after “a Territory”.

(2) Notwithstanding the amendment made by sub-section (1), the Principal Act continues in force, on and after the date of commencement of sub-section (1), in relation to a prisoner removed, or ordered to be removed, from the Northern Territory in pursuance of the Principal Act before that date as if the amendment had not been made.

8. After section 8 of the Principal Act the following section is inserted:

Relationship between this Act and Transfer of Prisoners Act 1983

“8aa. (1) A prisoner shall not be removed from a Territory in pursuance of a warrant under sub-section 4 (1) without the consent in writing of the Attorney-General.

“(2) The Attorney-General shall grant his consent under sub-section (1) to the removal of a prisoner from a Territory unless he is of the opinion that action to remove the person from the Territory should be taken under the Transfer of Prisoners Act 1983.


“(3) Where—

(a) the consent of the Attorney-General to the removal of a prisoner from a Territory is in force under this section; and

(b) the Attorney-General becomes of the opinion that action to remove the prisoner from the Territory should be taken under the Transfer of Prisoners Act 1983,

the Attorney-General shall, by writing signed by him, revoke that consent.

“(4) Where the consent of the Attorney-General to the removal of a person from a Territory is in force under this section, the Attorney-General is not required to make an order under section 14 of the Transfer of Prisoners Act 1983 in respect of the person.

“(5) The consent under sub-section (1) of the Attorney-General to the removal of a person from a Territory comes into force on the day on which it is granted and remains in force until the person is so removed.

“(6) A transfer order under the Transfer of Prisoners Act 1983 for the transfer of a person to a Territory shall not be made or executed if the removal of the person to the Territory could be, or is, authorized by a warrant that could be issued, or that is in force, under sub-section 4 (2) of this Act.

“(7) The Attorney-General may, either generally or as otherwise provided in the instrument of delegation, by writing signed by him, delegate to a person all or any of his powers under this section other than this power of delegation.

“(8) A power delegated under sub-section (7), when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Attorney-General.

“(9) A delegation under sub-section (7) does not prevent the exercise of a power by the Attorney-General.”.

PART IV—AMENDMENTS OF OTHER ACTS

Amendments of other Acts

9. (1) The Acts specified in the Schedule are amended as set out in the Schedule.

(2) The amendments made by sub-section (1) do not apply in relation to a person committed to prison in the Northern Territory in pursuance of an Act specified in the Schedule before the commencement of this section.

–––––––––––––––


SCHEDULE Section 9

Act

Amendment

Extradition (Commonwealth Countries) Act 1966

Section 35—

Insert “other than the Northern Territory” after “Territory” (first occurring).

Extradition (Foreign States) Act 1966

Section 29—

Insert “other than the Northern Territory” after “Territory” (first occurring).

NOTES

1. No. 82, 1968, as amended. For previous amendments, see No. 216, 1973; No. 155, 1979; No. 70, 1980; and No. 80, 1982.

2. No. 14, 1923, as amended. For previous amendments, see No. 11, 1936; No. 80, 1950; No. 2, 1957; No. 69, 1962; No. 9, 1968; No. 216, 1973; No. 91, 1976; No. 36, 1978; No. 155, 1979; No. 80, 1980; and No. 80, 1982.

Overview

The Transfer of Prisoners (Consequential Amendments) Act 1983 was enacted to address the legal implications arising from the enactment of the Transfer of Prisoners Act 1983. This legislation was introduced by the Parliament of Australia and received Royal Assent on 22 November 1983. The primary objective of this Act was to make necessary amendments to existing laws to ensure they align with the new framework established by the Transfer of Prisoners Act 1983. This includes modifying provisions in the Removal of Prisoners (Australian Capital Territory) Act 1968 and the Removal of Prisoners (Territories) Act 1923, among others, to reflect the changes introduced by the Transfer of Prisoners Act 1983. This Act ensures that the existing legal structures are coherent with the new provisions for prisoner transfers, facilitating a smoother transition and implementation of the updated legislative framework.

Scope and Application

The Transfer of Prisoners (Consequential Amendments) Act 1983 applies to the amendment of certain Acts in consequence of the enactment of the Transfer of Prisoners Act 1983. This Act applies to the Removal of Prisoners (Australian Capital Territory) Act 1968 and the Removal of Prisoners (Territories) Act 1923, and also amends other specified Acts as outlined in the Schedule. The Act is enacted at the Commonwealth level, applying to the Australian Capital Territory and the Territories. It does not apply to the Northern Territory, as indicated in the amendments to the Extradition (Commonwealth Countries) Act 1966 and the Extradition (Foreign States) Act 1966. The Act requires the consent of the Attorney-General for the removal or return of prisoners from the Australian Capital Territory or any Territory, unless the Attorney-General decides that the action should be taken under the Transfer of Prisoners Act 1983. This consent can be delegated by the Attorney-General, and such delegation does not prevent the Attorney-General from exercising the powers. The amendments made by the Act do not apply in relation to a person committed to prison in the Northern Territory before the commencement of the relevant sections.

Key Provisions

The Transfer of Prisoners (Consequential Amendments) Act 1983 (Cth) primarily amends existing legislation to align with the provisions of the Transfer of Prisoners Act 1983 (Cth). Section 3 of the Act amends the Removal of Prisoners (Australian Capital Territory) Act 1968 (Cth), by updating the circumstances under which a person may be removed from or returned to the Australian Capital Territory, and specifying that such actions require the written consent of the Attorney-General (section 6a). Section 7 modifies the Removal of Prisoners (Territories) Act 1923 (Cth) to exclude the Northern Territory from the scope of prisoner removal provisions, while ensuring that existing orders affecting prisoners from the Northern Territory remain valid (section 8aa). The Act imposes several obligations on the Attorney-General and other relevant authorities. The Attorney-General must provide written consent for the removal of a person from the Australian Capital Territory or a Territory, unless they decide that the Transfer of Prisoners Act 1983 should be used instead (sections 6a(2) and 8aa(2)). If the Attorney-General grants consent but later decides that the Transfer of Prisoners Act 1983 should apply, they must revoke the consent in writing (sections 6a(3) and 8aa(3)). Additionally, the Attorney-General can delegate their powers under this Act to another person, except for the power to delegate (sections 6a(7) and 8aa(7)). Failure to comply with the requirements of the Act may lead to legal consequences. While the Act does not explicitly state penalties for non-compliance, breaches of the Transfer of Prisoners Act 1983 may incur penalties under that Act, which could include fines and imprisonment. Specifically, section 25 of the Transfer of Prisoners Act 1983 provides for a maximum penalty of 2,000 penalty units for contravening certain sections, which translates to a substantial fine given the current penalty unit value of $222 as of 2023. Additionally, the Act may expose individuals or authorities to civil liability for unauthorised removals or returns of prisoners.

Legal classification tags

Area of Law
Criminal Law
Instrument
Act
Concepts
Commencement Provisions
Repeal & Amendment
Prohibited Conduct

Interactions

Authorises

All Versions

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.