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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Crimes (Administration of Sentences)
Amendment (Assistance in Foreign
Criminal Matters) Bill 2007
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Crimes (Administration of Sentences) Act 1999
No 93 2
4 Repeal of Act 2
Schedule 1 Amendments 3
I certify that this public bill, which originated in the Legislative Assembly, has
finally passed the Legislative Council and the Legislative Assembly of New
South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2007
New South Wales
Crimes (Administration of Sentences)
Amendment (Assistance in Foreign
Criminal Matters) Bill 2007
Act No , 2007
An Act to provide for the authorisation of an offender to travel to a foreign country
for the purpose of giving evidence at a proceeding, or giving assistance in relation to
an investigation, relating to a criminal matter.
I have examined this bill and find it to correspond in all respects with the bill as
finally passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Crimes (Administration of Sentences) Amendment (Assistance in Foreign
Clause 1 Criminal Matters) Bill 2007
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Crimes (Administration of Sentences) Amendment
(Assistance in Foreign Criminal Matters) Act 2007.
2 Commencement
This Act commences on the date of assent to this Act.
3 Amendment of Crimes (Administration of Sentences) Act 1999 No 93
The Crimes (Administration of Sentences) Act 1999 is amended as set
out in Schedule 1.
4 Repeal of Act
(1) This Act is repealed on the day following the day on which this Act
commences.
(2) The repeal of this Act does not, because of the operation of section 30
of the Interpretation Act 1987, affect any amendment made by this Act.
Page 2
Crimes (Administration of Sentences) Amendment (Assistance in Foreign
Criminal Matters) Bill 2007
Amendments Schedule 1
Schedule 1 Amendments
(Section 3)
[1] Section 38 Absent inmates taken to be in custody
Insert after section 38 (1) (f):
(f1) while absent from a correctional centre in accordance with
an approval granted under section 255A,
[2] Section 38 (2) (a)
Omit "unescorted". Insert instead "not escorted by a correctional officer".
[3] Section 39 Powers of arrest
Omit "or interstate leave permit" wherever occurring in section 39 (1) (a)(c).
Insert instead ", interstate leave permit or approval granted under section
255A".
[4] Section 40 Certain unlawful absences not to affect length of sentence
Omit "or interstate leave permit" from section 40 (1) (b).
Insert instead ", interstate leave permit or approval granted under section
255A".
[5] Section 255A
Insert after section 255:
255A Approvals for the purposes of the Mutual Assistance in Criminal
Matters Act 1987 of the Commonwealth
(1) The relevant officer may, at the request of the Commonwealth
Attorney-General, grant approval, by order in writing, for an
offender to travel to a foreign country:
(a) for the purpose of giving evidence at a proceeding relating
to a criminal matter, as referred to in section 26 of the
Commonwealth Act, or
(b) for the purpose of giving assistance in relation to an
investigation relating to a criminal matter, as referred to in
section 27 of the Commonwealth Act,
and may give such directions as are necessary in that regard.
(2) An approval under this section is subject to such conditions as are
prescribed by the regulations and to such other conditions (not
inconsistent with those prescribed by the regulations) as the
relevant officer may specify in the approval.
Page 3
Crimes (Administration of Sentences) Amendment (Assistance in Foreign
Criminal Matters) Bill 2007
Schedule 1 Amendments
(3) While an approval is in force under this section, the offender to
whom the approval relates:
(a) is authorised to be absent from custody (other than custody
referred to in section 26 (1) (e) (iii) or 27 (1) (e) (iii) of the
Commonwealth Act) in relation to any period during
which the offender would, but for the approval, be required
to be in custody, and
(b) is exempt from such other requirements imposed by or
under this or any other Act as would, but for the approval,
prevent the offender from travelling to the foreign country
concerned for the purpose set out in the Commonwealth
Attorney-General's request.
Note. Restrictions may nevertheless be imposed on an offender who is
subject to an approval under this section by means of regulations made
under section 79, 101 or 106ZA or conditions imposed under section 103
or 128.
(4) In this section:
relevant officer means:
(a) in relation to an offender who is on release on parole, or is
the subject of a home detention order--the Parole
Authority, and
(b) in any other case--the Commissioner.
the Commonwealth Act means the Mutual Assistance in
Criminal Matters Act 1987 of the Commonwealth.
Page 4
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