PRISONERS (INTERNATIONAL TRANSFER) ACT 1999 (REPEALED) - TABLE OF PROVISIONS 1. Name of Act 3. Object 4. Dictionary 4A. Terms defined in Commonwealth Act 4B. Notes 5. Minister's functions 6. Functions of prison officers, police officers and others 7. Arrangements for administration of Act 8. Prisoners transferred to Australia 9. Prisoners transferred from Australia 10. Regulation-making power DICTIONARY ENDNOTES PRISONERS (INTERNATIONAL TRANSFER) ACT 1999 (REPEALED) - LONG TITLE An Act relating to the transfer of prisoners to and from Australia PRISONERS (INTERNATIONAL TRANSFER) ACT 1999 (REPEALED) - SECT 1 Name of Act This Act is the Prisoners (International Transfer) Act 1999. PRISONERS (INTERNATIONAL TRANSFER) ACT 1999 (REPEALED) - SECT 3 Object The object of this Act is to give effect to the scheme for the international transfer of prisoners set out in the Commonwealth Act by enabling such prisoners to be transferred to and from the ACT. PRISONERS (INTERNATIONAL TRANSFER) ACT 1999 (REPEALED) - SECT 4 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain terms used in this Act. Note 2 A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)). PRISONERS (INTERNATIONAL TRANSFER) ACT 1999 (REPEALED) - SECT 4A Terms defined in Commonwealth Act A term defined in the Commonwealth Act has the same meaning in this Act. PRISONERS (INTERNATIONAL TRANSFER) ACT 1999 (REPEALED) - SECT 4B Notes A note included in this Act is explanatory and is not part of this Act. Note See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes. PRISONERS (INTERNATIONAL TRANSFER) ACT 1999 (REPEALED) - SECT 5 Minister's functions The Minister may exercise any function given to the Minister under the Commonwealth Act. PRISONERS (INTERNATIONAL TRANSFER) ACT 1999 (REPEALED) - SECT 6 Functions of prison officers, police officers and others (1) A prison officer, police officer and any other officer of the Territory may exercise any function given or expressed to be given to him or her-- (a) under the Commonwealth Act or a corresponding law; or (b) in accordance with any arrangements made under section 7. (2) It is lawful for a prison officer, police officer or other officer of the Territory-- (a) to hold and deal with any prisoner in accordance with the terms of a warrant issued under the Commonwealth Act in relation to the prisoner; and (b) to take any action in relation to a prisoner transferred, or to be transferred, to or from Australia in accordance with the Commonwealth Act that the officer is authorised to take by or under that Act. PRISONERS (INTERNATIONAL TRANSFER) ACT 1999 (REPEALED) - SECT 7 Arrangements for administration of Act (1) The Chief Minister may, in accordance with section 50 of the Commonwealth Act, make arrangements for the administration of that Act including arrangements relating to the exercise by officers of the Territory of functions under the Commonwealth Act. (2) An arrangement may be varied or terminated in accordance with the Commonwealth Act. PRISONERS (INTERNATIONAL TRANSFER) ACT 1999 (REPEALED) - SECT 8 Prisoners transferred to Australia (1) A prisoner who is transferred to Australia under the Commonwealth Act shall be treated for a relevant enforcement law as if he or she were a federal prisoner serving a sentence of imprisonment that is imposed under a law of the Commonwealth. (2) Without limiting subsection (1), enforcement laws relating to the following matters apply to a prisoner who is transferred to Australia under the Commonwealth Act: (a) conditions of imprisonment and treatment of prisoners; (b) release on parole of prisoners; (c) classification and separation of prisoners; (d) removal of prisoners between prisons, hospitals and other places; (e) treatment of mentally impaired prisoners; (f) eligibility for participation in prison programs, including release under a pre-release permit scheme (however called); (g) temporary absence from prison (for example, to work or seek work, to attend a funeral or visit a relative suffering a serious illness, or to attend a place of education or training); (h) transfer of prisoners between States and Territories. (3) Any direction given by the Attorney-General of the Commonwealth under section 44 of the Commonwealth Act shall be given effect in the ACT. (4) Any direction given by the Attorney-General of the Commonwealth, under section 49 of the Commonwealth Act, shall be given effect in the ACT. (5) In this section: "enforcement law" means-- (a) any Territory law; or (b) any law of the Commonwealth, a State or another Territory; or (c) any practice or procedure lawfully observed; concerning the detention of prisoners. PRISONERS (INTERNATIONAL TRANSFER) ACT 1999 (REPEALED) - SECT 9 Prisoners transferred from Australia (1) The laws of the Territory relating to the enforcement of a sentence of imprisonment imposed by a court of the Territory on a person cease to apply to a prisoner on whom such a sentence has been imposed who is transferred from Australia under the Commonwealth Act to complete serving such a sentence of imprisonment. (2) Nothing in this section limits the power of the Executive to grant a pardon or remit a sentence of imprisonment or other penalty. PRISONERS (INTERNATIONAL TRANSFER) ACT 1999 (REPEALED) - SECT 10 Regulation-making power The Executive may make regulations for this Act. Note Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001. PRISONERS (INTERNATIONAL TRANSFER) ACT 1999 (REPEALED) - NOTES Dictionary Dictionary (see s 4) Note 1 The Legislation Act contains definitions and other provisions relevant to this Act. Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms: o ACT o Australia o Commonwealth o Executive o Federal Court o function o Minister (see s 162) o State o the Territory. "Commonwealth Act" means the International Transfer of Prisoners Act 1997 (Cwlth). "corresponding law" means a law of a State or another Territory that provides for the international transfer of prisoners. PRISONERS (INTERNATIONAL TRANSFER) ACT 1999 (REPEALED) - NOTES Endnotes Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office. Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key am = amended ord = ordinance amdt = amendment orig = original ch = chapter par = paragraph/subparagraph def = definition pres = present dict = dictionary prev = previous disallowed = disallowed by the Legislative (prev...) = previously Assembly pt = part div = division r = rule/subrule exp = expires/expired renum = renumbered Gaz = gazette reloc = relocated hdg = heading R[X] = Republication No IA = Interpretation Act 1967 RI = reissue ins = inserted/added s = section/subsection LA = Legislation Act 2001 sch = schedule LR = legislation register sdiv = subdivision LRA = Legislation (Republication) Act 1996 sub = substituted mod = modified/modification SL = Subordinate Law o = order underlining = whole or part not commenced om = omitted/repealed or to be expired 3 Legislation history Prisoners (International Transfer) Act 1999 No 9 notified 1 March 1999 (Gaz 1999 No S8) s 1, s 2 commenced 1 March 1999 (s 2 (1)) remainder commenced 1 July 2002 (s 2 (2) and CN 2002 No 5) as amended by Legislation (Consequential Amendments) Act 2001 No 44 pt 296 notified 26 July 2001 (Gaz 2001 No 30) s 1, s 2 commenced 26 July 2001 (IA s 10B) pt 296 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65) Statute Law Amendment Act 2003 (No 2) A2003-56 sch 3 pt 3.16 notified LR 5 December 2003s 1, s 2 commenced 5 December 2003 (LA s 75 (1))sch 3 pt 3.16 commenced 19 December 2003 (s 2) as repealed by Sentencing Legislation Amendment Act 2006 A2006-23 s 6 (1) notified LR 18 May 2006 s 1, s 2 commenced 18 May 2006 (LA s 75 (1)) s 6 (1) commenced 2 June 2006 (s 2 (1) and see Crimes (Sentence Administration) Act 2005 A2005-59 s 2, Crimes (Sentencing) Act 2005 A2005-58, s 2 and LA s 79) 4 Amendment history Commencements 2 om 2001 No 44 amdt 1.3275 Dictionarys 4 defs reloc to dict A2003-56 amdt 3.166 def function om A2003-56 amdt 3.165 sub A2003-56 amdt 3.167 Terms defined in Commonwealth Acts 4A ins A2003-56 amdt 3.167 Notess 4B ins A2003-56 amdt 3.167 Minister's functionss 5 hdg sub A2003-56 amdt 3.168 Functions of prison officers, police officers and otherss 6 hdg sub A2003-56 amdt 3.169 Regulation-making powers 10 sub 2001 No 44 amdt 1.3276 Dictionarydict ins A2003-56 amdt 3.170 def Commonwealth Act reloc from s 4 A2003-56 amdt 3.166 def corresponding law reloc from s 4 A2003-56 amdt 3.166 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication No Amendments to Republication date 1 A2001-44 1 July 2002 2 A2003-56 19 December 2003 (c) Australian Capital Territory 2006 PRISONERS (INTERNATIONAL TRANSFER) ACT 1999 (REPEALED) - NOTES Australian Capital Territory A1999-9 Republication No 3 Effective: 2 June 2006 Republication date: 2 June 2006 As repealed by A2006-23 s 6 (1)Unauthorised version prepared by ACT Parliamentary Counsel's Office About this republication The republished law This is a republication of the Prisoners (International Transfer) Act 1999 (repealed) (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)). It also includes any commencement, amendment, repeal or expiry affecting the republished law to 2 June 2006. The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): o authorised republications to which the Legislation Act 2001 applies o unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication does not include amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol U appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95. Penalties The value of a penalty unit for an offence against this republished law at the republication date is-- (a) if the person charged is an individual--$100; or (b) if the person charged is a corporation--$500. Australian Capital Territory Prisoners (International Transfer) Act 1999 (repealed) Endnotes Australian Capital Territory Prisoners (International Transfer) Act 1999 (repealed)