Commonwealth Consolidated Acts

INTERNATIONAL TRANSFER OF PRISONERS ACT 1997 - SECT 8

(1)

The regulations may provide that this Act applies to a foreign country declared by the regulations to be a transfer country for the purposes of this Act.

(2)

The regulations may declare that this Act applies in relation to such a foreign country subject to limitations, conditions, exceptions or qualifications referred to in the regulations.

(3)

The limitations, conditions, exceptions or qualifications in relation to a transfer country that may be referred to in the regulations are any one or more of the following:

(a) limitations, conditions, exceptions or qualifications that are necessary to give effect to a bilateral treaty in relation to transfer of prisoners to or from that country, a copy of which is set out in the regulations;
(b) limitations, conditions, exceptions or qualifications that are necessary to give effect to a multilateral treaty in relation to transfer of prisoners to or from that country, a copy of which is set out in the regulations;
(c) limitations, conditions, exceptions or qualifications (other than limitations, conditions, exceptions or qualifications that are necessary to give effect to a treaty) for the transfer of prisoners to or from that country that are set out, or identified in any other way, in the regulations.

(4)

The limitations, conditions, exceptions or qualifications that are necessary to give effect to a treaty in relation to a transfer country may be expressed in the form that this Act applies to that country subject to the treaty.

(5)

For the purposes of the application of this Act in relation to a transfer country:

(a) a colony, territory or protectorate of that country; and
(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;

are taken to be part of the country.

(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.