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This is a Bill, not an Act. For current law, see the Acts databases.
PRISONERS (INTERSTATE TRANSFER) AMENDMENT BILL 2009
Serial 56
Prisoners
(Interstate Transfer) Amendment Bill 2009
Mr
McCarthy
A Bill for an Act to amend the
Prisoners (Interstate Transfer) Act
NORTHERN TERRITORY OF
AUSTRALIA
Prisoners (Interstate Transfer)
AMENDMENT] ACT 2009
____________________
Act No. [ ] of
2009
____________________
Table of
provisions
NORTHERN
TERRITORY OF AUSTRALIA
____________________
Act No. [ ] of
2009
____________________
An Act to amend the Prisoners
(Interstate Transfer) Act
[Assented to [ ]
2009]
[Second reading [ ]
2009]
The Legislative Assembly of the Northern
Territory enacts as follows:
This Act may be cited as the Prisoners
(Interstate Transfer) Amendment Act 2009.
This Act commences on the date fixed by the
Administrator by Gazette notice.
This Act amends the Prisoners (Interstate
Transfer) Act.
Amendment of Part II
heading
Part II, heading
omit
FOR PRISONER'S WELFARE
substitute
AT REQUEST OF PRISONER
Amendment of section 5 (Requests for, and
orders of, transfer)
(1) Section 5(1)(b)
omit
in the interests of the welfare of the
prisoner,
substitute
;
(2) Section 5(2)(b)(ii)
omit
Territory,
substitute
Territory;
(3) Section 5(3)(b)
omit
in the interests of the welfare of the
prisoner,
substitute
;
(4) Section 5(4)(b)
omit
State,
substitute
State;
(5) Section 5(5)(b)
omit
in the interests of the welfare of the
prisoner,
substitute
;
Amendment of section 9
(Reports)
(1) Section 9(1)
omit
all words from "himself" to "may have
regard"
substitute
himself or herself as the Minister thinks fit and,
in particular, by reference
(2) Section 9(2)
omit (all references)
him
substitute
him or her
After section 9, in Part II
insert
9A Matters the
Minister may have regard to
In forming an opinion or exercising any discretion
under this Part, the Minister may have regard to one or more of the
following:
(a) the welfare of the prisoner
concerned;
(b) the administration of justice in the Territory,
a participating State or another Territory;
(c) the security and good order of any prison in the
Territory, a participating State or another Territory;
(d) the safe custody of the prisoner
concerned;
(e) the protection of the community in the
Territory, a participating State or another Territory;
(f) any other matter the Minister considers
relevant.
Amendment of section 21 (Provisions ancillary
to section 18)
(1) Section 21(1)(a)
omit
that it is in the interests of the welfare of the
person
(2) After section 21(1)
insert
(1A) In making a decision for subsection (1)(a),
the Minister may have regard to one or more of the following:
(a) the welfare of the person;
(b) the administration of justice in the Territory,
a participating State or another Territory;
(c) the security and good order of any prison in the
Territory, a participating State or another Territory;
(d) the safe custody of the person;
(e) the protection of the community in the
Territory, a participating State or another Territory;
(f) any other matter the Minister considers
relevant.
The Schedule has effect.
Schedule Further amendments of Prisoners
(Interstate Transfer) Act
section 9
|
Provision
|
Amendment
|
|
omit
|
substitute
|
|
section 3(1)
|
, unless the contrary intention appears
–
|
:
|
|
section 3(2)
|
his powers
|
the justice's powers
|
|
section 8
|
asking him
his refusal
|
asking the Minister
the Minister's
|
|
section 10(1)
|
his refusal
|
the refusal
|
|
section 10(3)
|
for his transfer
|
for transfer
|
|
section 17(b)
|
he
|
the person
|
|
section 17(c)
|
he
him
|
he or she
the person
|
|
section 17
|
his refusal
|
the refusal
|
|
section 22(1)(b)
|
him
(all
references)
|
the prisoner
|
|
section 22(3)
|
him
(all
references)
|
the person
|
|
section 24(1)(b)
|
he
|
he or she
|
|
section 26(6)(a)
|
his transfer to the Territory, he
|
the person's transfer to the Territory, he or
she
|
|
section 26(6)(b)
|
all words from "his translated sentence" to "he
was"
|
the person's translated sentence for which, up to
the time of the person's transfer to the Territory, he or she
was
|
|
section 27(2)(a) and (b)
|
on him
|
on him or her
|
|
section 28
|
he
|
he or she
|
|
section 29(1)(a)
|
him
(all
references)
|
the person
|
|
section 29(1)(b)
|
him in custody as though he
|
him or her in custody as though the
person
|
|
section 30(2)
|
under his hand –
|
signed by the justice:
|
|
section 30(4)
|
he
|
the person
|
|
section 31(1)
|
he
(all
references)
|
he or she
|
|
section 31(2)
|
he was subject at the time of his
escape
|
the person was subject at the time of his or her
escape
|
|
section 31(3)(b)
|
he
(all
references)
|
he or she
|
|
section 32
|
in the course of his
|
while
|
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