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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.




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