INTERNATIONAL TRANSFER OF PRISONERS AMENDMENT ACT 2004 NO. 19, 2004 

INTERNATIONAL TRANSFER OF PRISONERS AMENDMENT ACT 2004 NO. 19, 2004 
- TABLE OF PROVISIONS

1.   Short title   
2.   Commencement   
3.   Schedule(s)   
SCHEDULE 1 - Amendment of the International Transfer of Prisoners Act 1997 

INTERNATIONAL TRANSFER OF PRISONERS AMENDMENT ACT 2004 NO. 19, 2004
- LONG TITLE

[GRAPHIC]

International Transfer of Prisoners Amendment Act
2004

No. 19, 2004

An Act to amend the International Transfer of Prisoners
Act 1997, and for related purposes
  
  

INTERNATIONAL TRANSFER OF PRISONERS AMENDMENT ACT 2004 No. 19, 2004
- SECT 1   Short title 

 
        This Act may be cited as the International Transfer of Prisoners Amendment
Act 2004.

INTERNATIONAL TRANSFER OF PRISONERS AMENDMENT ACT 2004 No. 19, 2004
- SECT 2   Commencement 

 
        This Act commences on the day on which it receives the Royal Assent.

INTERNATIONAL TRANSFER OF PRISONERS AMENDMENT ACT 2004 No. 19, 2004
- SECT 3   Schedule(s) 

 
        Each Act that is specified in a Schedule to this Act is amended or repealed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.

INTERNATIONAL TRANSFER OF PRISONERS AMENDMENT ACT 2004 NO. 19, 2004
- SCHEDULE 1 - Amendment of the International Transfer of Prisoners Act 1997
   

1  Subsection 4(1) (definition of transfer country)

 After "foreign country", insert "or a region".
2  After section 4
Insert:

4A  Sentences of imprisonment imposed by military commissions of the United States of America

        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.

INTERNATIONAL TRANSFER OF PRISONERS AMENDMENT ACT 2004 NO. 19, 2004
- NOTES
Compilation Information

[GRAPHIC]
International Transfer of Prisoners Amendment Act 2004
No. 19, 2004
An Act to amend the International Transfer of Prisoners Act 1997,
and for related purposes
[Assented to 23 March 2004]
The Parliament of Australia enacts:

INTERNATIONAL TRANSFER OF PRISONERS AMENDMENT ACT 2004 NO. 19, 2004
- NOTES
Note

[Minister's second reading speech made in--
House of Representatives on 19 February 2004
Senate on 4 March 2004]
(17/04)