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This is a Bill, not an Act. For current law, see the Acts databases.
2002-2003-2004
The Parliament
of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
International
Transfer of Prisoners Amendment Bill
2004
No. ,
2004
(Attorney-General)
A
Bill for an Act to amend the International Transfer of Prisoners Act
1997, and for related purposes
Contents
A Bill for an Act to amend the International Transfer
of Prisoners Act 1997, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the International Transfer of Prisoners
Amendment Act 2004.
This Act commences on the day on which it receives the Royal
Assent.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
1 Subsection 4(1) (definition of transfer
country)
After “foreign country”, insert “or a
region”.
2 After section 4
Insert:
For the purposes of this Act:
(a) a military commission of the United States of America is taken to be a
court or tribunal of the United States of America; and
(b) any punishment or measure involving deprivation of liberty ordered by
a military commission of the United States of America is taken to have been
ordered by a court or tribunal of the United States of America in the exercise
of its criminal jurisdiction; and
(c) any direction or order given or made by a military commission of the
United States of America with respect to the commencement of such punishment or
measure is taken to have been given or made by a court or tribunal of the United
States of America.
3 Paragraph 8(5)(b)
Repeal the paragraph, substitute:
(b) a region that is part of that country; and
(c) a region that is under the protection of that country; and
(d) a region over which that country exercises jurisdiction or control;
and
(e) a region for whose international relations that country is
responsible;
4 At the end of section 8
Add:
(6) For the purposes of this section, a region is taken to be a
foreign country if:
(a) the region is a colony, territory or protectorate of a foreign
country; or
(b) the region is part of a foreign country; or
(c) the region is under the protection of a foreign country; or
(d) a foreign country exercises jurisdiction or control over the region;
or
(e) a foreign country is responsible for the region’s international
relations.
5 Application
The amendments made by this Schedule apply in relation to a sentence of
imprisonment (within the meaning of the International Transfer of Prisoners
Act 1997 immediately after the time this Schedule commences) imposed before
or after that time.