New South Wales Consolidated Acts

INTERNATIONAL TRANSFER OF PRISONERS (NEW SOUTH WALES) ACT 1997 - SECT 10

10 Prisoners transferred to Australia

(1) Any relevant enforcement law applies to and in respect of a prisoner who is transferred to Australia under the Commonwealth Act to complete serving a sentence of imprisonment in this jurisdiction that was imposed by a court or tribunal of a transfer country (or by a War Crimes Tribunal) in the same way as the enforcement law applies to and in respect of a federal prisoner serving a sentence of imprisonment in this jurisdiction that is imposed under a law of the Commonwealth.

(2) Without limiting subsection (1), enforcement laws relating to the following matters are applicable to a prisoner or Tribunal prisoner who is transferred to Australia under the Commonwealth Act:

(a) conditions of imprisonment and treatment of prisoners,

(b) release on parole of prisoners,

(c) classification and separation of prisoners,

(d) removal of prisoners from one prison to another,

(e) removal of prisoners between prisons and hospitals or other places or between one hospital or other place and another,

(f) treatment of mentally impaired prisoners,

(g) eligibility for participation in prison programs, including release under a pre-release permit scheme (however called),

(h) temporary absence from prison (for example, to work or seek work, to attend a funeral or visit a relative suffering a serious illness or to attend a place of education or training),

(i) transfer of prisoners between States.

(3) Any direction given by the Attorney-General of the Commonwealth under section 44 of the Commonwealth Act concerning enforcement of such a sentence of imprisonment is to be given effect in this jurisdiction.

(4) Any direction given by the Attorney-General of the Commonwealth under section 49 of the Commonwealth Act concerning a prisoner referred to in subsection (1) who is pardoned or granted amnesty or commutation of sentence of imprisonment as referred to in that section is to be given effect in this jurisdiction.

(5) In this section:
"enforcement law" means:

(a) any law of this jurisdiction, or

(b) any law of the Commonwealth or another State, or

(c) any practice or procedure lawfully observed,

concerning the detention of prisoners.
"prison", in relation to a law of this jurisdiction, means a correctional centre within the meaning of the Crimes (Administration of Sentences) Act 1999 .
"prisoner", in relation to a law of this jurisdiction, means an inmate within the meaning of the Crimes (Administration of Sentences) Act 1999 .

Note: See Part 1B of the Crimes Act 1914 of the Commonwealth in relation to the imprisonment and release of prisoners. In particular, see sections 19A (Detention of person in State or Territory prisons) and 19AA (Remissions and reductions of sentences) and Division 5 (Conditional release on parole or licence).