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Queensland
PRISONERS
INTERNATIONAL
TRANSFER (QUEENSLAND)
BILL 1997
Queensland
PRISONERS INTERNATIONAL
TRANSFER (QUEENSLAND) BILL 1997
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Objects of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 State bound . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
5 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
PART 2--CONFERRAL OF FUNCTIONS
6 Functions of Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
7 Functions of prison officer, police officers and others . . . . . . . . . . . . . . . . . 5
8 Arrangements for administration of this Act . . . . . . . . . . . . . . . . . . . . . . . . . 6
PART 3--ENFORCEMENT OF SENTENCES OF
IMPRISONMENT OF TRANSFERRED PRISONERS
9 Prisoners transferred to Australia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
10 Prisoners transferred from Australia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
PART 4--MISCELLANEOUS
11 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
12 Attachment--Commonwealth Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 9
DICTIONARY
ATTACHMENT . . . . . . . . . . . . . . . . . . . . . 11
INTERNATIONAL TRANSFER OF PRISONERS ACT 1997
(CWLTH)
1997
A BILL
FOR
An Act relating to the transfer of prisoners to and from Australia
s1 4 s5
Prisoners International Transfer (Queensland)
Bill
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
title 3
Short
1. This Act may be cited as the Prisoners International Transfer 4
(Queensland) Act 1997. 5
6
Commencement
2. This Act commences on a day to be fixed by proclamation. 7
of Act 8
Object
3. The object of this Act is to give effect to the scheme for the 9
international transfer of prisoners set out in the Commonwealth Act by 10
enabling prisoners to be transferred to and from this jurisdiction under the 11
scheme. 12
tate bound 13
S
4. This Act binds the State. 14
15
Dictionary
5. The dictionary in the schedule defines words used in this Act. 16
s6 5 s7
Prisoners International Transfer (Queensland)
Bill
PART 2--CONFERRAL OF FUNCTIONS 1
of Minister 2
Functions
6.(1) A Minister of this jurisdiction may perform any function conferred 3
or expressed to be conferred on the Minister under the Commonwealth Act. 4
(2) The Minister may delegate a function mentioned in subsection (1) to 5
the chief executive or an appropriately qualified person who is an officer of 6
the department. 7
(3) For subsection (2), the Minister may delegate all necessary power 8
under the Acts Interpretation Act 1954, section 27A. 9
(4) In this section-- 10
"appropriately qualified", of a person, includes having the qualifications, 11
experience or standing to perform the function. 12
13
Example of standing--
14
A person's classification level in the entity in which the person is employed.
of prison officers, police officers and others 15
Functions
7.(1) A prison officer, police officer or another official of this jurisdiction 16
may perform any function conferred or expressed to be conferred on the 17
official under-- 18
(a) the Commonwealth Act or a corresponding law; or 19
(b) an arrangement mentioned in section 8.1 20
(2) It is lawful for a prison officer, police officer or another official of 21
this jurisdiction-- 22
(a) to hold and deal with a prisoner under the terms of a warrant 23
1 A number of provisions of the Commonwealth Act require State officials to
perform functions. For example, a warrant may be issued under section 30 of the
Commonwealth Act requiring a prison officer, police officer or other person to
escort a prisoner who is being transferred. A police officer of this jurisdiction
may arrest a person escaping from custody under section 56 of the
Commonwealth Act.
s8 6 s9
Prisoners International Transfer (Queensland)
Bill
issued under the Commonwealth Act for the prisoner; and 1
(b) to take any action in relation to a prisoner transferred, or to be 2
transferred, to or from Australia under the Commonwealth Act 3
that the official is authorised to take under that Act. 4
for administration of this Act 5
Arrangements
8.(1) The Governor may, under the Commonwealth Act, section 50 6
make arrangements for the administration of that Act, including 7
arrangements relating to the performance by officers of this jurisdiction of 8
functions under the Commonwealth Act. 9
(2) An arrangement may be varied or terminated as provided under the 10
Commonwealth Act. 11
PART 3--ENFORCEMENT OF SENTENCES OF 12
IMPRISONMENT OF TRANSFERRED PRISONERS 13
transferred to Australia 14
Prisoners
9.(1) A relevant enforcement law applies in relation to a prisoner who is 15
transferred to Australia under the Commonwealth Act to complete serving a 16
term of imprisonment in this jurisdiction that was imposed by a court or 17
tribunal of a transfer country (or by a war crimes tribunal) in the same way 18
as the enforcement law applies in relation to a federal prisoner serving a 19
sentence of imprisonment in this jurisdiction that is imposed under a law of 20
the Commonwealth.2 21
(2) Without limiting subsection (1), enforcement laws about the 22
following are applicable to a prisoner or tribunal prisoner who is transferred 23
to Australia under the Commonwealth Act-- 24
2 See the Crimes Act 1914, part 1B (Cwlth) in relation to the imprisonment and
release of prisoners. In particular see sections 19 and 19A (remissions and
reductions of sentences) and division 5 (Conditional release on parole or
licence).
s 10 7 s 10
Prisoners International Transfer (Queensland)
Bill
(a) conditions of imprisonment and treatment of prisoners; 1
(b) release on parole of prisoners; 2
(c) classification and separation of prisoners; 3
(d) removal of prisoners from 1 prison to another; 4
(e) removal of prisoners between prisons and hospitals or other 5
places or between 1 hospital or other place and another; 6
(f) treatment of mentally impaired prisoners; 7
(g) eligibility for participation in prison programs, including release 8
under a pre-release permit scheme (however called); 9
(h) temporary absence from prison including for example, to seek 10
work, to attend a funeral or visit a relative suffering a serious 11
illness or to attend a place of education or training; 12
(i) transfer of prisoners between States. 13
(3) A direction given by the Attorney-General of the Commonwealth 14
under the Commonwealth Act, section 44 about the enforcement of the 15
sentence of imprisonment is to be given effect in this jurisdiction. 16
(4) A direction given by the Attorney-General of the Commonwealth 17
under the Commonwealth Act, section 49 about a prisoner mentioned in 18
subsection (1) who is pardoned or granted amnesty or commutation of 19
sentence of imprisonment as mentioned in that section is to be given effect 20
in this jurisdiction. 21
(5) In this section-- 22
"enforcement law" means-- 23
(a) a law of this jurisdiction; or 24
(b) a law of the Commonwealth or another State; or 25
(c) a practice or procedure lawfully observed; 26
about the detention of prisoners. 27
transferred from Australia 28
Prisoners
10.(1) Other than as provided by subsection (2), the laws of this 29
s 11 8 s 12
Prisoners International Transfer (Queensland)
Bill
jurisdiction about the enforcement of a sentence of imprisonment imposed 1
by a court of this jurisdiction on a person stop applying to a prisoner on 2
whom the sentence is imposed who is transferred from Australia under the 3
Commonwealth Act to complete serving the sentence of imprisonment. 4
(2) Subsection (1) does not limit the power of the Governor or of a court 5
or tribunal of this jurisdiction to pardon, grant amnesty or commute the 6
sentence of imprisonment. 7
ART 4--MISCELLANEOUS 8
P
power 9
Regulation-making
11. The Governor in Council may make regulations under this Act. 10
Act 11
Attachment--Commonwealth
12.(1) Attached to this Act is a copy of the Commonwealth Act. 12
(2) The attachment is not part of this Act. 13
(3) The attachment must be revised so that it is an accurate copy of the 14
Commonwealth Act as amended from time to time. 15
(4) The revision under subsection (3) must happen in the first reprint of 16
this Act after an amendment of the Commonwealth Act. 17
18
9
Prisoners International Transfer (Queensland)
Bill
CHEDULE 1
¡S
ICTIONARY 2
D
section 5 3
"Commonwealth Act" means the International Transfer of Prisoners Act 4
1997 (Cwlth). 5
"corresponding law" means a law of another State that provides for the 6
international transfer of prisoners. 7
"federal prisoner" see the Commonwealth Act, section 4. 8
"function" includes power. 9
"mentally impaired prisoner" see the Commonwealth Act, section 4. 10
"performance" of a function, includes the exercise of a power. 11
"prison officer" see the Commonwealth Act section 4. 12
"prisoner" see the Commonwealth Act, section 4. 13
"release on parole" see the Commonwealth Act, section 4. 14
"sentence of imprisonment" see the Commonwealth Act, section 4. 15
"this jurisdiction" means Queensland. 16
"transfer country" see the Commonwealth Act, section 4. 17
"tribunal prisoner" see the Commonwealth Act, section 4. 18
"under" the Commonwealth Act, includes-- 19
(a) by; and 20
(b) for the purposes of; and 21
(c) in accordance with; and 22
(d) within the meaning of; 23
the Commonwealth Act. 24
10
Prisoners International Transfer (Queensland)
Bill
"war crimes tribunal" means the Former Yugoslavia Tribunal or Rwanda 1
Tribunal within the meaning of the Commonwealth Act. 2
3
11
Prisoners International Transfer (Queensland)
Bill
ATTACHMENT 1
section 12 2
INTERNATIONAL TRANSFER OF 3
PRISONERS ACT 1997 (CWLTH) 4
TABLE OF PROVISIONS 5
6
Section Page
7
PART 1--PRELIMINARY
8
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
9
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
10
3 Objects of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
11
4 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
12
5 Appropriate Ministerial consent to transfer . . . . . . . . . . . . . . . . . . . . . . . . . . 22
13
6 Prisoner's and prisoner's representative's consent to transfer . . . . . . . . . . . 23
14
7 Extension to external Territories . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
15
8 Application of Act to transfer countries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
16
9 Act to bind Crown . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
17
PART 2--TRANSFERS GENERALLY
18
10 When may a prisoner (other than a Tribunal prisoner) be transferred? . . . . 26
19
11 When may a Tribunal prisoner be transferred? . . . . . . . . . . . . . . . . . . . . . . . 26
20
12 Eligibility for transfer from Australia of prisoners (other than
21
Tribunal prisoners) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
22
13 Eligibility for transfer to Australia of prisoners (other than
23
Tribunal prisoners) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
24
14 Transfer conditions--transfer from Australia . . . . . . . . . . . . . . . . . . . . . . . . . 27
25
15 Transfer conditions--transfer to Australia . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
26
PART 3--TRANSFERS FROM AUSTRALIA
27
16 Applications for transfer from Australia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
28
17 Preliminary consideration of application for transfer . . . . . . . . . . . . . . . . . . 31
12
Prisoners International Transfer (Queensland)
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ATTACHMENT (continued)
1
18 Formal request for transfer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
2
19 Information to accompany a formal request . . . . . . . . . . . . . . . . . . . . . . . . . 32
3
20 Governmental consent to transfer from Australia . . . . . . . . . . . . . . . . . . . . . 32
4
21 Issue of warrant for transfer from Australia . . . . . . . . . . . . . . . . . . . . . . . . . . 33
5
22 Warrants for transfer from Australia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
6
23 Cancellation of warrant for transfer from Australia . . . . . . . . . . . . . . . . . . . . 35
7
PART 4--TRANSFERS TO AUSTRALIA OF PRISONERS FROM
8
TRANSFER COUNTRIES
9
24 Transfer request from outside Australia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
10
25 Information to accompany request . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
11
26 Enforcement of foreign sentence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
12
27 Governmental consent to transfer to Australia . . . . . . . . . . . . . . . . . . . . . . . 36
13
28 Formal consent to transfer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
14
29 Issue of warrant for transfer to Australia . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
15
30 Warrants for transfer to Australia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
16
31 Cancellation of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
17
32 Effect of warrant on prisoner's sentence . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
18
PART 5--TRANSFER TO AUSTRALIA OF TRIBUNAL
19
PRISONERS
20
33 Transfer request from a Tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
21
34 Information to accompany request . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
22
35 Enforcement of Tribunal sentence of imprisonment . . . . . . . . . . . . . . . . . . . 40
23
36 Governmental consent to transfer to Australia . . . . . . . . . . . . . . . . . . . . . . . 40
24
37 Formal consent to transfer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
25
38 Issue of warrant for transfer to Australia . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
26
39 Warrants for transfer to Australia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
27
40 Cancellation of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
28
41 Effect of warrant on Tribunal prisoner's sentence . . . . . . . . . . . . . . . . . . . . . 44
29
PART 6--ENFORCEMENT OF SENTENCES
30
42 Sentence enforcement in Australia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
13
Prisoners International Transfer (Queensland)
Bill
ATTACHMENT (continued)
1
43 Duration and nature of enforced sentence . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
2
44 Directions concerning enforcement of sentence . . . . . . . . . . . . . . . . . . . . . . 46
3
45 Appeal and review of sentences of imprisonment imposed by
4
transfer country or Tribunal and sentence enforcement decisions
5
of Attorney-General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
6
46 Prisoner transferred to Australia taken to be federal prisoner . . . . . . . . . . . 47
7
47 Prisoner transferred from Australia taken to be prisoner of transfer
8
country . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
9
48 Pardon, amnesty or commutation of sentences of
10
imprisonment--prisoners transferred from Australia . . . . . . . . . . . . . . . . . . . 49
11
49 Pardon, amnesty or commutation of sentences of
12
imprisonment--prisoners transferred to Australia . . . . . . . . . . . . . . . . . . . . . 49
13
PART 7--MISCELLANEOUS
14
50 Arrangements with States and Territories . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
15
51 Recovery of costs and expenses of transfer . . . . . . . . . . . . . . . . . . . . . . . . . . 51
16
52 Prisoner and prisoner's representative to be kept informed . . . . . . . . . . . . . 51
17
53 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
18
54 Notification of countries as transfer countries . . . . . . . . . . . . . . . . . . . . . . . . 52
19
55 Transit of prisoners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
20
56 Arrest of persons escaping from custody . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
21
57 Consultation with Minister for Immigration and Multicultural Affairs . . . . 53
22
58 Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
14
Prisoners International Transfer (Queensland)
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ATTACHMENT (continued)
INTERNATIONAL TRANSFER OF 1
PRISONERS ACT 1997 2
An Act relating to the transfer of prisoners to and from Australia 3
The Parliament of Australia enacts: 4
PART 1--PRELIMINARY 5
title 6
Short
1. This Act may be cited as the International Transfer of Prisoners Act 7
1997. 8
9
Commencement
2.(1) Sections 1 and 2 commence on the day on which this Act receives 10
the Royal Assent. 11
(2) The remaining provisions of this Act commence on a day or days to 12
be fixed by Proclamation. 13
of Act 14
Objects
3. The objects of this Act are: 15
(a) to facilitate the transfer of prisoners between Australia and certain 16
countries with which Australia has entered agreements for the 17
transfer of prisoners so that the prisoners may serve their 18
sentences of imprisonment in their countries of nationality or in 19
15
Prisoners International Transfer (Queensland)
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ATTACHMENT (continued)
countries with which they have community ties; and 1
(b) to facilitate the transfer of prisoners to Australia from countries in 2
which prisoners are serving sentences of imprisonment imposed 3
by certain war crimes tribunals. 4
5
Definitions
4.(1) In this Act, unless the contrary intention appears: 6
ACT means the Australian Capital Territory. 7
ACT Minister means the Minister for the ACT administering the law of the 8
ACT relating to the transfer of prisoners and includes any Minister 9
acting for the time being for or on behalf of that Minister. 10
appropriate Ministerial consent means Ministerial consent given as 11
required by section 5. 12
Attorney-General means the Attorney-General of the Commonwealth. 13
Australian court means a court or tribunal of the Commonwealth, a State 14
or a Territory. 15
Australian law means a law of the Commonwealth, a State or a Territory. 16
community ties has the meaning given by subsections (4) and (5). 17
continued enforcement method, in relation to enforcement of a sentence of 18
imprisonment, has the meaning given by section 42. 19
converted enforcement method, in relation to enforcement of a sentence of 20
imprisonment, has the meaning given by section 42. 21
escort officer, in relation to a prisoner, means the police officer, prison 22
officer or other person specified in the warrant authorising the transfer 23
of the prisoner under this Act as the escort officer for the prisoner. 24
extradition country has the same meaning as in the Extradition Act 1988. 25
federal prisoner: 26
(a) means a prisoner who is serving a sentence of imprisonment 27
imposed under a law of the Commonwealth; and 28
16
Prisoners International Transfer (Queensland)
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ATTACHMENT (continued)
(b) includes a prisoner who is serving a sentence of imprisonment 1
imposed under a law of the Northern Territory and who was, 2
before 12 June 1985, removed to the State of South Australia 3
under section 3 of the Removal of Prisoners (Territories) Act 4
1923. 5
foreign law means a law of a foreign country or of a part of, or in force in a 6
part of, a foreign country. 7
Former Yugoslavia Tribunal: 8
(a) means the International Tribunal for the Prosecution of Persons 9
Responsible for Serious Violations of International Humanitarian 10
Law Committed in the Territory of the Former Yugoslavia since 11
1991, established by Resolution 827 (1993) of the Security 12
Council of the United Nations, a copy of the English text of 13
which is set out in Schedule 1 to the International War Crimes 14
Tribunals Act 1995; and 15
(b) includes any of the organs referred to in Article 11 of the Statute 16
of the Tribunal. 17
joint prisoner means a prisoner who is: 18
(a) both a State prisoner or a Territory prisoner (or both) and a 19
federal prisoner; or 20
(b) both a State prisoner and a Territory prisoner. 21
law of the Commonwealth, a State or a Territory, means a law (whether 22
written or unwritten) of the Commonwealth, that State or that 23
Territory, and includes a law (whether written or unwritten) in force in 24
the Commonwealth, that State or that Territory or in any part of the 25
Commonwealth, that State or that Territory. 26
mental illness means an underlying pathological infirmity of the mind, 27
whether of long or short duration and whether permanent or 28
temporary, but does not include a condition that results from the 29
reaction of a healthy mind to extraordinary stimuli. 30
mental impairment includes senility, intellectual disability, mental illness, 31
brain damage and severe personality disorder. 32
17
Prisoners International Transfer (Queensland)
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ATTACHMENT (continued)
mentally impaired prisoner means: 1
(a) a person serving a sentence of imprisonment on the acquittal of 2
the person for an offence on the ground of mental impairment; or 3
(b) a person serving a sentence of imprisonment because the person 4
has been found mentally unfit to stand trial. 5
national of a country means a person who is a citizen of the country under 6
the law of the country. 7
non-parole period, in relation to a sentence of imprisonment, means that 8
part of the period of imprisonment for that sentence during which the 9
person is not to be released on parole, whether that part of the period is 10
fixed or recommended by a court or tribunal or fixed by operation of 11
law. 12
police officer means: 13
(a) a member or special member of the Australian Federal Police; or 14
(b) a member of the police force of a State or Territory. 15
prison officer means a person appointed or employed to assist in the 16
management of a prison. 17
prisoner means a person (however described) who is serving a sentence of 18
imprisonment and includes: 19
(a) a mentally impaired prisoner; and 20
(b) a person who has been released on parole. 21
prisoner's representative means a person who may consent to the transfer 22
of a prisoner as referred to in section 6. 23
release on parole means any form of conditional release in the nature of 24
parole and includes: 25
(a) release on probation; and 26
(b) release on licence to be at large. 27
Rwanda Tribunal: 28
(a) means the International Criminal Tribunal for the Prosecution of 29
18
Prisoners International Transfer (Queensland)
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ATTACHMENT (continued)
Persons Responsible for Genocide and Other Serious Violations 1
of International Humanitarian Law Committed in the Territory of 2
Rwanda and Rwandan citizens responsible for genocide and other 3
such violations committed in the territory of neighbouring States, 4
between 1 January 1994 and 31 December 1994, established by 5
Resolution 955 (1994) of the Security Council of the United 6
Nations, a copy of the English text of which is set out in 7
Schedule 3 to the International War Crimes Tribunals Act 1995; 8
and 9
(b) includes any of the organs referred to in Article 10 of the Statute 10
of the Tribunal. 11
sentence of imprisonment means any punishment or measure involving 12
deprivation of liberty ordered by a court or tribunal for a determinate or 13
indeterminate period in the exercise of its criminal jurisdiction and 14
includes any direction or order given or made by the court or tribunal 15
with respect to the commencement of the punishment or measure. 16
State includes the ACT and the Northern Territory. 17
State Minister means: 18
(a) in relation to a particular State other than the ACT or the Northern 19
Territory--the Minister of the State administering the law of the 20
State relating to the transfer of prisoners; and 21
(b) in relation to the ACT--the ACT Minister; and 22
(c) in relation to the Northern Territory--the Minister for the 23
Northern Territory administering the law of the Northern 24
Territory relating to the transfer of prisoners; 25
and includes any Minister acting for the time being for or on behalf of 26
that Minister and any person to whom the Minister has delegated any 27
of the Minister's functions under this Act. 28
State prisoner means a prisoner who is serving a sentence of imprisonment 29
imposed under a law of a State. 30
Statute of the Tribunal means: 31
19
Prisoners International Transfer (Queensland)
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ATTACHMENT (continued)
(a) in the case of the Former Yugoslavia Tribunal--the Statute of the 1
Tribunal (a copy of the English text of which is set out in 2
Schedule 2 to the International War Crimes Tribunals Act 1995) 3
adopted by Resolution 827 (1993) of the Security Council of the 4
United Nations (a copy of the English text of which is set out in 5
Schedule 1 to that Act); and 6
(b) in the case of the Rwanda Tribunal--the Statute of the Tribunal (a 7
copy of the English text of which is set out in Schedule 4 to the 8
International War Crimes Tribunals Act 1995) adopted by 9
Resolution 955 (1994) of the Security Council of the United 10
Nations (a copy of the English text of which is set out in 11
Schedule 3 to that Act). 12
superintendent of a prison means the person for the time being in charge of 13
the prison. 14
Territory means the Jervis Bay Territory, Norfolk Island, the Territory of 15
Christmas Island and the Territory of Cocos (Keeling) Islands, but 16
does not include the ACT and the Northern Territory. 17
Territory Minister means: 18
(a) in relation to a particular Territory (other than Norfolk 19
Island)--the Minister administering the law of the Territory 20
relating to the transfer of prisoners; and 21
(b) in relation to Norfolk Island--the executive member (within the 22
meaning of the Norfolk Island Act 1979) administering the law of 23
Norfolk Island relating to the transfer of prisoners; 24
and includes any Minister or executive member acting for the time 25
being for or on behalf of that Minister or executive member and any 26
person to whom the Minister or executive member has delegated any 27
of the Minister's or executive member's functions under this Act. 28
Territory prisoner means a prisoner who is serving a sentence of 29
imprisonment imposed under a law of a Territory. 30
transfer country means a foreign country that is declared by the regulations 31
under section 8 to be a transfer country. 32
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treaty includes a convention, protocol, agreement or arrangement. 1
Tribunal means: 2
(a) the Former Yugoslavia Tribunal; or 3
(b) the Rwanda Tribunal. 4
Tribunal country means a foreign country in which a Tribunal prisoner is 5
serving, or is to serve, a sentence of imprisonment imposed by the 6
Tribunal. 7
Tribunal offence means: 8
(a) an offence in relation to which the Former Yugoslavia Tribunal 9
has the power to prosecute persons under Article 2, 3, 4 or 5 of 10
the Statute of the Tribunal; or 11
(b) an offence in relation to which the Rwanda Tribunal has the 12
power to prosecute persons under Article 2, 3 or 4 of the Statute 13
of the Tribunal. 14
Tribunal prisoner means a prisoner who is serving a sentence of 15
imprisonment imposed by a Tribunal for a Tribunal offence. 16
(2) For the purposes of this Act, the following persons are taken not to 17
be serving a sentence of imprisonment: 18
(a) a person who has been released by a court from serving the 19
whole or a part of a sentence of imprisonment on the person 20
giving a security (with or without sureties) by recognisance or 21
otherwise, that the person will comply with conditions relating to 22
the person's behaviour and in relation to whom action can no 23
longer be taken because of a breach of a condition of the security 24
or because of the expiration of the security; 25
(b) a person who, through exercise of the Royal prerogative of mercy 26
or other executive prerogative or discretion given by law, is no 27
longer required to serve the whole or part of a sentence of 28
imprisonment; 29
(c) a person on whom a sentence of imprisonment has been imposed 30
that has not yet commenced. 31
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(3) If a sentence of death imposed on a person has been commuted to a 1
term of imprisonment or to imprisonment for life, this Act applies to and in 2
relation to the person as if the sentence of death had been a sentence of 3
imprisonment for that term or for life. 4
(4) For the purposes of this Act, a prisoner has community ties with a 5
transfer country if: 6
(a) the prisoner's principal place of residence immediately before 7
being sentenced to imprisonment in Australia was in the transfer 8
country; or 9
(b) the prisoner's parent, grandparent or child has a principal place of 10
residence in the transfer country; or 11
(c) the prisoner is married to or has a de facto relationship with 12
anyone whose principal place of residence is in the transfer 13
country; or 14
(d) the prisoner has a close continuing relationship (involving 15
frequent personal contact and a personal interest in the other 16
person's welfare) with anyone whose principal place of residence 17
is in the transfer country. 18
(5) For the purposes of this Act, a prisoner has community ties with a 19
State or a Territory if: 20
(a) the prisoner's principal place of residence immediately before 21
being sentenced to imprisonment in the transfer country was in 22
that State or Territory; or 23
(b) the prisoner's parent, grandparent or child has a principal place of 24
residence in that State or Territory; or 25
(c) the prisoner is married to or has a de facto relationship with 26
anyone whose principal place of residence is in that State or 27
Territory; or 28
(d) the prisoner has a close continuing relationship (involving 29
frequent personal contact and a personal interest in the other 30
person's welfare) with anyone whose principal place of residence 31
is in that State or Territory. 32
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Ministerial consent to transfer 1
Appropriate
5.(1) Ministerial consent to the transfer of a prisoner from Australia to a 2
transfer country is required to be given: 3
(a) if the prisoner is a federal prisoner--by the Attorney-General; or 4
(b) if the prisoner is a State prisoner--by both the Attorney-General 5
and the State Minister concerned; or 6
(c) if the prisoner is a Territory prisoner--by both the 7
Attorney-General and the Territory Minister concerned; or 8
(d) if the prisoner is a joint prisoner--by the Attorney-General and all 9
State Ministers or Territory Ministers concerned. 10
(2) Ministerial consent to the transfer of a prisoner from a transfer 11
country to Australia is required to be given: 12
(a) by both the Attorney-General and the State or Territory Minister 13
of the State or Territory in which the prisoner is to begin to 14
complete serving a sentence of imprisonment imposed by the 15
transfer country in accordance with this Act; and 16
(b) if applicable: 17
(i) if the prisoner is to begin to complete serving a sentence of 18
imprisonment imposed by the transfer country in accordance 19
with this Act in New South Wales but has community ties 20
with the ACT, the Jervis Bay Territory or Norfolk 21
Island--by the ACT Minister or Territory Minister 22
concerned; or 23
(ii) if the prisoner is to begin to complete serving a sentence of 24
imprisonment imposed by the transfer country in accordance 25
with this Act in Western Australia but has community ties 26
with a Territory other than the Jervis Bay Territory or 27
Norfolk Island--by the Territory Minister. 28
29
Note: Community ties with a State or Territory is defined in subsection 4(5).
(3) Ministerial consent to the transfer of a Tribunal prisoner from a 30
Tribunal country to Australia is required to be given by the 31
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Attorney-General and the State Minister or Territory Minister of the State or 1
Territory in which the Tribunal prisoner is to begin to complete serving the 2
sentence of imprisonment imposed by the Tribunal in accordance with this 3
Act. 4
5
Note: A prisoner may be transferred from the prison, hospital or other place in which
6
the prisoner begins to complete serving a sentence of imprisonment to another prison,
7
hospital or other place in the State or Territory or to a prison, hospital or other place
8
in another State or Territory. See paragraphs 46(5)(d), (e) and (i).
and prisoner's representative's consent to transfer 9
Prisoner's
6.(1) A prisoner may consent to his or her transfer under this Act only if: 10
(a) the prisoner is an adult; and 11
(b) the prisoner is capable of consenting to the transfer. 12
(2) A person may consent to the transfer under this Act of a prisoner 13
who is a child or who is incapable of consenting to his or her transfer if the 14
person is the prisoner's parent, guardian or legal representative (in this Act 15
called the prisoner's representative). 16
(3) A prisoner or prisoner's representative must be informed, through an 17
interpreter if necessary, in language (including sign language or braille) in 18
which the prisoner or prisoner's representative is able to communicate with 19
reasonable fluency, of the legal consequences of transfer of the prisoner 20
under this Act before consenting to the transfer. 21
(4) The prisoner's or prisoner's representative's consent to transfer must 22
be accompanied by certification by the prisoner or prisoner's representative 23
that he or she has been so informed. 24
(5) For the purposes of this section, a prisoner is incapable of consenting 25
to his or her transfer if the prisoner is an adult who: 26
(a) is incapable of understanding the general nature and effect of the 27
transfer; or 28
(b) is incapable of indicating whether he or she consents or does not 29
consent to a transfer. 30
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(6) A prisoner's or prisoner's representative's consent to transfer cannot 1
be withdrawn after the prisoner leaves the country from which the prisoner 2
is being transferred. 3
(7) In this section: 4
adult means: 5
(a) in the case of a prisoner in Australia--a person of or above 6
18 years of age; and 7
(b) in the case of a prisoner in a transfer country or a Tribunal 8
country--a person of or above the age that under the law of that 9
country is the age at which a person is considered for legal 10
purposes to be an adult. 11
child means: 12
(a) in the case of a prisoner in Australia--a person below 18 years of 13
age; and 14
(b) in the case of a prisoner in a transfer country or a Tribunal 15
country--a person below the age that under the law of that 16
country is the age at which a person is considered for legal 17
purposes to be an adult. 18
to external Territories 19
Extension
7. This Act extends to the external Territories. 20
of Act to transfer countries 21
Application
8.(1) The regulations may provide that this Act applies to a foreign 22
country declared by the regulations to be a transfer country for the purposes 23
of this Act. 24
(2) The regulations may declare that this Act applies in relation to such a 25
foreign country subject to limitations, conditions, exceptions or 26
qualifications referred to in the regulations. 27
(3) The limitations, conditions, exceptions or qualifications in relation to 28
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a transfer country that may be referred to in the regulations are any one or 1
more of the following: 2
(a) limitations, conditions, exceptions or qualifications that are 3
necessary to give effect to a bilateral treaty in relation to transfer 4
of prisoners to or from that country, a copy of which is set out in 5
the regulations; 6
(b) limitations, conditions, exceptions or qualifications that are 7
necessary to give effect to a multilateral treaty in relation to 8
transfer of prisoners to or from that country, a copy of which is 9
set out in the regulations; 10
(c) limitations, conditions, exceptions or qualifications (other than 11
limitations, conditions, exceptions or qualifications that are 12
necessary to give effect to a treaty) for the transfer of prisoners to 13
or from that country that are set out, or identified in any other 14
way, in the regulations. 15
(4) The limitations, conditions, exceptions or qualifications that are 16
necessary to give effect to a treaty in relation to a transfer country may be 17
expressed in the form that this Act applies to that country subject to the 18
treaty. 19
(5) For the purposes of the application of this Act in relation to a transfer 20
country: 21
(a) a colony, territory or protectorate of that country; and 22
(b) a territory for the international relations of which the country is 23
responsible; 24
are taken to be part of the country. 25
to bind Crown 26
Act
9. This Act binds the Crown in each of its capacities. 27
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PART 2--TRANSFERS GENERALLY 1
may a prisoner (other than a Tribunal prisoner) be 2
When
transferred? 3
10. A prisoner (other than a Tribunal prisoner) may be transferred 4
between Australia and a transfer country under this Act if: 5
(a) the prisoner is eligible for transfer from or to Australia (as the 6
case requires); and 7
(b) Australia and the transfer country have agreed to the transfer of 8
the prisoner on terms agreed under this Act; and 9
(c) the prisoner or the prisoner's representative has consented in 10
writing to transfer on those terms; and 11
(d) appropriate Ministerial consent in writing has been given to 12
transfer on those terms; and 13
(e) the relevant conditions for transfer of the prisoner are satisfied; 14
and 15
(f) the transfer of the prisoner is not likely to prevent the surrender of 16
the prisoner to any extradition country known by the 17
Attorney-General to have requested the extradition of the prisoner 18
or to have expressed interest in extraditing the prisoner or that, in 19
the opinion of the Attorney-General, is reasonably likely to 20
request extradition. 21
may a Tribunal prisoner be transferred? 22
When
11. A Tribunal prisoner may be transferred to Australia under this Act if: 23
(a) Australia and the Tribunal have agreed to the transfer of the 24
prisoner on terms agreed under this Act; and 25
(b) unless the Attorney-General determines that it is not necessary in 26
the prisoner's case--the prisoner or prisoner's representative has 27
consented to transfer on those terms; and 28
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(c) appropriate Ministerial consent in writing has been given to 1
transfer on those terms; and 2
(d) the relevant conditions for transfer to Australia of Tribunal 3
prisoners are satisfied. 4
for transfer from Australia of prisoners (other than 5
Eligibility
Tribunal prisoners) 6
12. A prisoner (other than a Tribunal prisoner) is eligible for transfer 7
from Australia to a transfer country under this Act if the prisoner: 8
(a) is a national of the transfer country; or 9
(b) has community ties with the transfer country. 10
11
Note: Community ties with a transfer country is defined in subsection 4(4).
for transfer to Australia of prisoners (other than Tribunal 12
Eligibility
prisoners) 13
13. A prisoner (other than a Tribunal prisoner) is eligible for transfer to 14
Australia from a transfer country under this Act if the prisoner: 15
(a) is an Australian citizen; or 16
(b) is permitted to travel to, enter and remain in Australia indefinitely 17
pursuant to the Migration Act 1958 and has community ties with 18
a State or a Territory. 19
20
Note: Community ties with a State or Territory is defined in subsection 4(5).
conditions--transfer from Australia 21
Transfer
14.(1) The conditions for transfer from Australia of a prisoner (other 22
than a mentally impaired prisoner) are satisfied if: 23
(a) neither the sentence of imprisonment imposed by the Australian 24
court nor the conviction on which it is based is subject to appeal; 25
and 26
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(b) subject to subsection (3), the acts or omissions constituting the 1
offence on account of which the prisoner is serving the sentence 2
in Australia would, if the acts or omissions had occurred in the 3
transfer country, have constituted an offence in the transfer 4
country; and 5
(c) if the sentence of imprisonment is determinate--on the day of 6
receipt of the request for transfer at least 6 months of the 7
prisoner's sentence remains to be served (whether or not the 8
prisoner has been released on parole), or a shorter period remains 9
to be served and the Attorney-General has determined that, in the 10
circumstances, transfer for a shorter period is acceptable. 11
(2) The conditions for transfer from Australia of a mentally impaired 12
prisoner are satisfied if: 13
(a) neither the sentence of imprisonment imposed by the Australian 14
court nor the acquittal or finding of unfitness to stand trial on 15
which it is based is subject to appeal; and 16
(b) subject to subsection (3), the acts or omissions constituting the 17
offence: 18
(i) in respect of which the prisoner was charged but acquitted 19
on the ground of mental impairment or found unfit to stand 20
trial; and 21
(ii) on account of which the prisoner is serving the sentence in 22
Australia; 23
would, if the acts or omissions had occurred in the transfer 24
country, have constituted an offence in the transfer country; and 25
(c) if the sentence of imprisonment is determinate--on the day of 26
receipt of the request for transfer at least 6 months of the 27
prisoner's sentence remains to be served (whether or not any 28
review affecting the duration of the sentence is pending), or a 29
shorter period remains to be served and the Attorney-General has 30
determined that, in the circumstances of the case, transfer for a 31
shorter period is acceptable. 32
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(3) The Attorney-General may determine that the requirements of 1
subsection (1)(b) or (2)(b) need not be satisfied in a particular prisoner's 2
case. 3
conditions--transfer to Australia 4
Transfer
15.(1) The conditions for transfer to Australia of a prisoner (other than a 5
mentally impaired prisoner or Tribunal prisoner) are satisfied if: 6
(a) neither the sentence of imprisonment imposed by the transfer 7
country's court or tribunal nor the conviction on which it is based 8
is subject to appeal under the law of the transfer country; and 9
(b) subject to subsection (3), the acts or omissions constituting the 10
offence on account of which the prisoner is serving the sentence 11
in the transfer country would, if the acts or omissions had 12
occurred in Australia, have constituted an offence in Australia; 13
and 14
(c) if the sentence of imprisonment is determinate--on the day of 15
receipt of the request for transfer at least 6 months of the 16
prisoner's sentence remains to be served (whether or not the 17
prisoner has been released on parole), or a shorter period remains 18
to be served and the Attorney-General has determined that, in the 19
circumstances, transfer for a shorter period is acceptable. 20
(2) The conditions for transfer to Australia of a mentally impaired 21
prisoner are satisfied if: 22
(a) neither the sentence of imprisonment imposed by the transfer 23
country's court or tribunal nor the acquittal or finding of unfitness 24
to stand trial on which it is based is subject to appeal under the 25
law of the transfer country; and 26
(b) subject to subsection (3), the acts or omissions constituting the 27
offence: 28
(i) in respect of which the prisoner was charged but acquitted 29
on the ground of mental impairment or found unfit to stand 30
trial; and 31
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ATTACHMENT (continued)
(ii) on account of which the prisoner is serving the sentence in 1
the transfer country; 2
would, if the acts or omissions had occurred in Australia, have 3
constituted an offence in Australia; and 4
(c) if the sentence of imprisonment is determinate--on the day of 5
receipt of the request for transfer at least 6 months of the 6
prisoner's sentence remains to be served (whether or not any 7
review affecting the duration of the sentence is pending), or a 8
shorter period remains to be served and the Attorney-General has 9
determined that, in the circumstances, transfer for a shorter period 10
is acceptable. 11
(3) The Attorney-General may determine that the requirements of 12
subsection (1)(b) or (2)(b) need not be satisfied in a particular prisoner's 13
case. 14
(4) The conditions for transfer to Australia of a Tribunal prisoner are 15
satisfied if: 16
(a) neither the sentence of imprisonment imposed by the Tribunal 17
nor the conviction on which it is based is subject to appeal under 18
the Statute of the Tribunal; and 19
(b) if the sentence of imprisonment is determinate--on the day of 20
receipt of the request for transfer at least 6 months of the 21
prisoner's sentence remains to be served (whether or not the 22
prisoner has been released on parole), or a shorter period remains 23
to be served and the Attorney-General has determined that, in the 24
circumstances, transfer for a shorter period is acceptable. 25
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ART 3--TRANSFERS FROM AUSTRALIA 1
P
for transfer from Australia 2
Applications
16. A prisoner serving a sentence of imprisonment in Australia, or the 3
prisoner's representative, may apply to the Attorney-General, in the manner 4
prescribed by the regulations, for transfer of the prisoner to a transfer 5
country to complete serving the sentence on terms agreed in accordance 6
with this Act. 7
consideration of application for transfer 8
Preliminary
17.(1) The Attorney-General is to forward a copy of the application: 9
(a) to the State Minister of the State, or Territory Minister of the 10
Territory, in which the prisoner is serving the sentence of 11
imprisonment; and 12
(b) to any other State or Territory Minister or Ministers whose 13
consent to the transfer is required under this Act. 14
(2) A Minister to whom an application is forwarded may advise the 15
Attorney-General of any matter the Minister considers relevant to the 16
processing of the application. 17
(3) A Minister to whom an application is forwarded may request the 18
Attorney-General to obtain information from the transfer country that is 19
relevant to the Minister's assessment of the application. 20
(4) The Attorney-General is to notify a transfer country of any 21
application for transfer to that country and may request the transfer country 22
to indicate its provisional views on the application, including the method by 23
which it is likely that the sentence of imprisonment would be enforced by 24
the transfer country if, following a formal request for transfer, it consents to 25
the transfer. 26
(5) The Attorney-General may provide the transfer country with: 27
(a) details of any request for extradition of the prisoner that has been 28
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ATTACHMENT (continued)
made under the Extradition Act 1988 or of any expression of 1
interest in extradition made by another country or of any country 2
that, in the opinion of the Attorney-General, may wish to extradite 3
the prisoner; and 4
(b) any other information the Attorney-General considers may assist 5
the transfer country in giving its provisional views on the 6
proposed transfer. 7
request for transfer 8
Formal
18.(1) The Attorney-General may make a formal request in writing for 9
transfer of a prisoner from Australia to a transfer country. 10
(2) In deciding whether to make a formal request, the Attorney-General 11
may take into account any matter the Attorney-General considers relevant, 12
including any matter advised by a State or Territory Minister. 13
(3) The Attorney-General is not to make a formal request for transfer of 14
a prisoner to a transfer country unless the Attorney-General is satisfied that 15
the transfer will (if the consents referred to in subsection 20(2) are given) be 16
able to be made in compliance with section 10. 17
to accompany a formal request 18
Information
19. A formal request for transfer from Australia to a transfer country is 19
to be accompanied by: 20
(a) any information required to be provided in accordance with 21
arrangements made with the transfer country; and 22
(b) any other available information the Attorney-General considers 23
relevant to the request and that may appropriately be provided. 24
consent to transfer from Australia 25
Governmental
20.(1) The Attorney-General is to notify the prisoner (or the prisoner's 26
representative) and any State or Territory Minister or Ministers whose 27
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ATTACHMENT (continued)
consent to the transfer is required under this Act: 1
(a) of the transfer country's decision; and 2
(b) if consent is given, of the proposed method by which the sentence 3
of imprisonment will be enforced by the transfer country and any 4
other proposed terms of transfer. 5
(2) The prisoner or prisoner's representative and Minister concerned are 6
to advise the Attorney-General as to whether they consent to the transfer on 7
the terms proposed by the transfer country. 8
(3) The Attorney-General is to determine whether or not consent should 9
be given to the transfer of a prisoner on the terms proposed by the transfer 10
country and is to notify the transfer country as to whether consent has been 11
given to transfer of the prisoner on those terms or, if consent will be given 12
if the transfer country agrees to variation of the terms, of the variation 13
proposed. 14
of warrant for transfer from Australia 15
Issue
21. The Attorney-General may, subject to Part 2, issue a warrant, in the 16
form prescribed by the regulations, for the transfer of the prisoner from 17
Australia to a transfer country if the prisoner's or the prisoner's 18
representative's consent and appropriate Ministerial consent in writing to the 19
transfer on the terms proposed by the transfer country (or, if the transfer 20
country has agreed to variation of the terms, the terms as varied) have been 21
given. 22
for transfer from Australia 23
Warrants
22.(1) A warrant for the transfer of a prisoner from Australia authorises 24
the transfer of the prisoner from Australia to the transfer country to 25
complete serving the sentence of imprisonment in accordance with the 26
terms agreed under this Act. 27
(2) A warrant for transfer from Australia must: 28
(a) specify the name and date of birth of the prisoner to be 29
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ATTACHMENT (continued)
transferred; and 1
(b) specify the transfer country to which the prisoner is to be 2
transferred; and 3
(c) state that the following written consents to the transfer have been 4
given: 5
(i) the prisoner's or prisoner's representative's consent; 6
(ii) the transfer country's consent; 7
(iii) appropriate Ministerial consent. 8
(3) If the prisoner is a prisoner other than a prisoner who has been 9
released on parole, the warrant is: 10
(a) to require the superintendent of the prison, or the person in charge 11
of the hospital or other place, in which the prisoner is serving the 12
sentence of imprisonment to release the prisoner into the custody 13
of a person specified in the warrant; and 14
(b) to authorise the person to take the prisoner to a place in Australia 15
and, if necessary, to detain the prisoner in custody for the purpose 16
of placing the prisoner in the custody of an escort officer for 17
transport out of Australia; and 18
(c) to authorise the escort officer to transport the prisoner in custody 19
out of Australia to the transfer country for surrender to a person 20
appointed by the transfer country to receive the prisoner. 21
(4) If the prisoner has been released on parole, the warrant is: 22
(a) to specify any approvals, authorities, permissions or variations to 23
the parole or other order or licence to be at large that have been 24
made under an Australian law; and 25
(b) to specify any procedures for the transfer of the prisoner to the 26
transfer country that have been agreed upon with the transfer 27
country and to give any necessary authorisations and directions. 28
(5) The Attorney-General may give any direction or approval that is 29
necessary to ensure that the warrant is executed in accordance with its tenor. 30
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of warrant for transfer from Australia 1
Cancellation
23.(1) The Attorney-General may cancel a warrant for transfer from 2
Australia at any time before the prisoner it concerns leaves Australia. 3
(2) Without limiting the grounds on which the Attorney-General may 4
cancel a warrant for transfer, it must be cancelled if the Attorney-General, a 5
State or Territory Minister, the prisoner or prisoner's representative or the 6
transfer country concerned, withdraws consent to the transfer. 7
ART 4--TRANSFERS TO AUSTRALIA OF 8
P
PRISONERS FROM TRANSFER COUNTRIES 9
request from outside Australia 10
Transfer
24. The Attorney-General may consent to a request from a transfer 11
country for the transfer of a prisoner (other than a Tribunal prisoner) 12
serving a sentence of imprisonment in that country to Australia to complete 13
serving the sentence on terms agreed under this Act if the Attorney-General 14
is satisfied that, were the Attorney-General to give that consent, the transfer 15
could be made in compliance with section 10. 16
to accompany request 17
Information
25. Before consenting to the transfer of a prisoner to Australia under this 18
Part, the Attorney-General may request the transfer country to provide: 19
(a) details of any request for extradition of the prisoner that has been 20
made to the transfer country or of any country that has expressed 21
interest in extraditing the prisoner or that is likely, in the opinion 22
of the transfer country, to request extradition; and 23
(b) any other information the Attorney-General considers relevant to 24
the assessment of whether consent should be given for the 25
transfer of the prisoner to Australia. 26
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of foreign sentence 1
Enforcement
26. Before consenting to the transfer of a prisoner to Australia under this 2
Part, the Attorney-General is to determine, in accordance with Part 6, the 3
method by which the sentence of imprisonment imposed by the transfer 4
country will be enforced in Australia if the prisoner is transferred and is to 5
advise the transfer country of this and of any other proposed terms on 6
which consent will be given to the transfer. 7
consent to transfer to Australia 8
Governmental
27.(1) Before consenting to the transfer of a prisoner to Australia under 9
this Part, the Attorney-General is to notify the State or Territory Minister of 10
the place in which the prisoner wishes to begin to complete serving the 11
sentence of imprisonment imposed by the transfer country in Australia, in 12
writing, in the form prescribed by the regulations, of receipt of the request. 13
(2) If the prisoner wishes to begin to complete serving the sentence of 14
imprisonment in New South Wales or Western Australia but has 15
community ties with the ACT or a Territory, the Attorney-General is also to 16
notify the ACT Minister or Territory Minister concerned of the matters 17
referred to in subsection (1). 18
19
Note: Community ties with a State or Territory is defined in subsection 4(5).
(3) The Attorney-General is to provide each Minister concerned with any 20
information that the transfer country has given the Attorney-General and 21
particulars of the method by which the Attorney-General considers the 22
sentence of imprisonment imposed by the transfer country could be 23
enforced by Australia and any other proposed terms of the transfer. 24
(4) Each Minister concerned is to advise the Attorney-General in writing 25
as to whether the Minister consents to the transfer on the terms proposed as 26
soon as possible after receiving the notification. 27
(5) If the Minister of the State or Territory in which the prisoner is to 28
begin to complete serving the sentence of imprisonment imposed by the 29
transfer country consents to the transfer, the Minister is to advise the 30
Attorney-General of: 31
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(a) the prison, or hospital or other place, in which the prisoner will 1
begin to complete serving the sentence in the State or Territory; 2
and 3
(b) in the case of a prisoner who has been released on parole--any 4
recommended terms or conditions on which the prisoner is to 5
complete serving the sentence; and 6
(c) any other matters the Minister considers relevant to sentence 7
enforcement in the State or Territory. 8
9
Note: A prisoner may be transferred from the prison, hospital or other place in the
10
State or Territory in which the prisoner begins to complete serving a sentence of
11
imprisonment to another prison, hospital or other place in the State or Territory or to
12
a prison, hospital or other place in another State or Territory. See
13
paragraphs 46(5)(d), (e) and (i).
consent to transfer 14
Formal
28. The Attorney-General is to notify the transfer country as soon as 15
possible after all appropriate Ministerial consents to the transfer have been 16
given and is to ask the transfer country to formally consent to the transfer 17
on the terms proposed by Australia and to advise of the prisoner's formal 18
consent to transfer on those terms. 19
of warrant for transfer to Australia 20
Issue
29. The Attorney-General may issue a warrant, in the form prescribed by 21
the regulations, for the transfer of the prisoner from a transfer country to 22
Australia if the written consent of the prisoner or prisoner's representative 23
and the transfer country and appropriate Ministerial consent in writing to 24
transfer on the terms proposed by Australia have been given. 25
for transfer to Australia 26
Warrants
30.(1) A warrant for the transfer of a prisoner to Australia authorises the 27
transfer of the prisoner from the transfer country to Australia to complete 28
serving the sentence of imprisonment imposed by the transfer country in 29
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accordance with the terms agreed under this Act. 1
(2) A warrant for transfer to Australia must: 2
(a) specify the name and date of birth of the prisoner to be 3
transferred; and 4
(b) specify the transfer country from which the prisoner is to be 5
transferred; and 6
(c) state that the following written consents to the transfer have been 7
given: 8
(i) the prisoner's or prisoner's representative's consent; 9
(ii) the transfer country's consent; 10
(iii) appropriate Ministerial consent. 11
(3) If the prisoner is a prisoner other than a prisoner who has been 12
released on parole, the warrant is: 13
(a) to authorise an escort officer to collect the prisoner from a place 14
(whether in Australia or the transfer country) specified in the 15
warrant; and 16
(b) if the place is in the transfer country, to authorise the escort officer 17
to transport the prisoner in custody to Australia for surrender to a 18
person appointed by the Attorney-General to receive the prisoner 19
and, if appropriate, to authorise the appointed person to escort the 20
prisoner to the prison, or hospital or other place, in Australia 21
where the prisoner is to begin to complete serving the sentence of 22
imprisonment in accordance with this Act; and 23
(c) if the place is in Australia, to authorise the escort officer to escort 24
the prisoner to the prison, or hospital or other place, in Australia 25
where the prisoner is to begin to complete serving the sentence of 26
imprisonment in accordance with this Act; and 27
(d) if the prisoner is to be escorted to a prison, to require the 28
superintendent of the prison to take the prisoner into custody to be 29
dealt with in accordance with the terms agreed under this Act; and 30
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(e) if the prisoner is to be escorted to a hospital or other place, to 1
authorise the detention of the prisoner in that hospital or place to 2
be dealt with in accordance with the terms agreed under this Act. 3
4
Note: A prisoner may be transferred from the prison, hospital or other place in the
5
State or Territory in which the prisoner begins to complete serving a sentence of
6
imprisonment to another prison, hospital or other place in the State or Territory or to
7
a prison, hospital or other place in another State or Territory. See
8
paragraphs 46(5)(d), (e) and (i).
(4) If the prisoner has been released on parole, the warrant is to specify 9
any procedures for the transfer of the prisoner to Australia that have been 10
agreed upon with the transfer country and to give any necessary 11
authorisations and directions. 12
(5) The Attorney-General may give any direction or approval that is 13
necessary to ensure the warrant is executed in accordance with its tenor. 14
of warrant 15
Cancellation
31.(1) The Attorney-General may cancel a warrant for transfer to 16
Australia at any time before the prisoner it concerns leaves the transfer 17
country. 18
(2) Without limiting the grounds on which the Attorney-General may 19
cancel a transfer warrant, it must be cancelled if the Attorney-General, a 20
State or Territory Minister, a prisoner or prisoner's representative, or the 21
transfer country concerned, withdraws consent to the transfer. 22
of warrant on prisoner's sentence 23
Effect
32. The prisoner to whom a warrant relates is to be released when the 24
prisoner has completed serving the sentence of imprisonment in accordance 25
with this Act unless any other law authorises the prisoner's detention in 26
respect of an offence other than that on account of which the sentence of 27
imprisonment was imposed. 28
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ART 5--TRANSFER TO AUSTRALIA OF 1
P
TRIBUNAL PRISONERS 2
request from a Tribunal 3
Transfer
33. The Attorney-General may consent to a request from a Tribunal for 4
the transfer of a Tribunal prisoner serving a sentence of imprisonment 5
imposed by the Tribunal in a Tribunal country to Australia to complete 6
serving the sentence of imprisonment on terms agreed under this Act if the 7
Attorney-General is satisfied that the transfer can be made in compliance 8
with section 11. 9
to accompany request 10
Information
34. Before consenting to the transfer of a Tribunal prisoner to Australia, 11
the Attorney-General may request the Tribunal requesting the transfer to 12
provide the Attorney-General with any relevant information that will enable 13
the Attorney-General to assess whether consent should be given for the 14
transfer of the prisoner to Australia. 15
of Tribunal sentence of imprisonment 16
Enforcement
35. Before consenting to the transfer of a Tribunal prisoner to Australia 17
under this Part, the Attorney-General is to determine, in accordance with 18
Part 6, the method by which the sentence of imprisonment imposed by the 19
Tribunal will be enforced in Australia if the prisoner is transferred and is to 20
advise the Tribunal of this and of any other proposed terms on which 21
consent will be given to the transfer. 22
consent to transfer to Australia 23
Governmental
36.(1) Before consenting to the transfer of a Tribunal prisoner to 24
Australia, the Attorney-General is to determine the State or Territory in 25
which it would be most appropriate for the prisoner to begin to complete 26
serving the sentence of imprisonment imposed on the prisoner by the 27
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ATTACHMENT (continued)
Tribunal in Australia and to seek the consent of the State or Territory 1
Minister concerned. 2
(2) The Attorney-General is to provide the Minister with details of any 3
information that the Tribunal has given the Attorney-General and particulars 4
of the method by which the Attorney-General considers the sentence of 5
imprisonment could be enforced by Australia and any other proposed terms 6
of the transfer. 7
(3) The Minister is to advise the Attorney-General in writing as to 8
whether the Minister consents to the transfer on the terms proposed as soon 9
as possible after receiving the notification. 10
(4) If the Minister refuses to consent to the transfer, the Attorney-General 11
may request consent to transfer of the prisoner to another State or Territory 12
from the appropriate State or Territory Minister. 13
(5) If a State Minister or Territory Minister consents to the transfer, the 14
Minister is to advise the Attorney-General of: 15
(a) the prison, or hospital or other place, in which the prisoner is to 16
begin to complete serving the sentence of imprisonment in 17
accordance with this Act in the State or Territory; and 18
(b) in the case of a prisoner who has been released on parole--any 19
recommended terms or conditions on which the prisoner is to 20
complete serving the sentence of imprisonment in accordance 21
with this Act; and 22
(c) any other matters the Minister considers relevant to enforcement 23
of the sentence of imprisonment in the State or Territory. 24
25
Note: A prisoner may be transferred from the prison, hospital or other place in the
26
State or Territory in which the prisoner begins to complete serving a sentence of
27
imprisonment to another prison, hospital or other place in the State or Territory or to
28
a prison, hospital or other place in another State or Territory. See
29
paragraphs 46(5)(d), (e) and (i).
consent to transfer 30
Formal
37. The Attorney-General is to notify the Tribunal as soon as possible 31
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after appropriate Ministerial consent to the transfer has been given and is to 1
ask the Tribunal: 2
(a) to formally consent to the transfer on the terms proposed by 3
Australia; and 4
(b) to advise of the prisoner's formal consent to transfer on those 5
terms (if the Tribunal has determined that it is appropriate to 6
obtain the prisoner's consent). 7
of warrant for transfer to Australia 8
Issue
38. The Attorney-General may issue a warrant, in the form prescribed by 9
the regulations, for the transfer of a Tribunal prisoner from a Tribunal 10
country to Australia if the written consent of the prisoner or prisoner's 11
representative (if the Attorney-General considers such consent is 12
necessary), and the Tribunal and appropriate Ministerial consent in writing 13
to transfer on the terms proposed by Australia, have been given. 14
for transfer to Australia 15
Warrants
39.(1) A warrant for the transfer of a Tribunal prisoner to Australia 16
authorises the transfer of the prisoner from the Tribunal country to Australia 17
to complete serving the sentence of imprisonment imposed by the Tribunal 18
in accordance with the terms agreed under this Act. 19
(2) A warrant for transfer to Australia must: 20
(a) specify the name and date of birth of the Tribunal prisoner to be 21
transferred; and 22
(b) specify the Tribunal country from which the prisoner is to be 23
transferred; and 24
(c) state that the following written consents to the transfer have been 25
given: 26
(i) the prisoner's or prisoner's representative's consent (if the 27
Attorney-General considers such consent is necessary); 28
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(ii) the Tribunal's consent; 1
(iii) appropriate Ministerial consent. 2
(3) If the prisoner is a Tribunal prisoner other than a Tribunal prisoner 3
who has been released on parole, the warrant is: 4
(a) to authorise an escort officer to collect the Tribunal prisoner from 5
a place (whether in Australia or the Tribunal country) specified in 6
the warrant; and 7
(b) if the place is in a Tribunal country, to authorise the escort officer 8
to transport the Tribunal prisoner in custody to Australia for 9
surrender to a person appointed by the Attorney-General to 10
receive the prisoner and, if appropriate, to authorise the appointed 11
person to escort the prisoner to the prison, or hospital or other 12
place, in Australia where the Tribunal prisoner is to begin to 13
complete serving the sentence of imprisonment in accordance 14
with this Act; and 15
(c) if the place is in Australia, to authorise the escort officer to escort 16
the Tribunal prisoner to the prison, or hospital or other place, in 17
Australia where the prisoner is to begin to complete serving the 18
sentence of imprisonment in accordance with this Act; and 19
(d) if the Tribunal prisoner is to be escorted to a prison, to require the 20
superintendent of the prison to take the prisoner into custody to be 21
dealt with in accordance with the terms agreed under this Act; and 22
(e) if the Tribunal prisoner is to be escorted to a hospital or other 23
place, to authorise the detention of the prisoner in that hospital or 24
place to be dealt with in accordance with the terms agreed under 25
this Act. 26
27
Note: A prisoner may be transferred from the prison, hospital or other place in the
28
State or Territory in which the prisoner begins to complete serving a sentence of
29
imprisonment to another prison, hospital or other place in the State or Territory or to
30
a prison, hospital or other place in another State or Territory. See
31
paragraphs 46(5)(d), (e) and (i).
(4) If the Tribunal prisoner has been released on parole, the warrant is to 32
specify any procedures for the transfer of the prisoner to Australia that have 33
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ATTACHMENT (continued)
been agreed upon with the Tribunal and to give any necessary authorisations 1
and directions. 2
(5) The Attorney-General may give any direction or approval that is 3
necessary to ensure the warrant is executed in accordance with its tenor. 4
of warrant 5
Cancellation
40.(1) The Attorney-General may cancel a warrant for transfer to 6
Australia at any time before the Tribunal prisoner it concerns leaves the 7
Tribunal country. 8
(2) Without limiting the grounds on which the Attorney-General may 9
cancel a transfer warrant, it must be cancelled if the Attorney-General, a 10
State or Territory Minister or the Tribunal concerned (or, in those cases 11
where a Tribunal prisoner or prisoner's representative's consent to transfer 12
was required by the Attorney-General, the Tribunal prisoner or prisoner's 13
representative) withdraws consent to the transfer. 14
of warrant on Tribunal prisoner's sentence 15
Effect
41. The Tribunal prisoner to whom a warrant relates is to be released 16
when the prisoner has completed serving the sentence of imprisonment in 17
accordance with this Act unless any other law authorises the prisoner's 18
detention in respect of an offence other than that on account of which the 19
sentence of imprisonment was imposed. 20
ART 6--ENFORCEMENT OF SENTENCES 21
P
enforcement in Australia 22
Sentence
42. The Attorney-General may direct that a sentence of imprisonment 23
imposed on a prisoner by a court or tribunal of a transfer country, or on a 24
Tribunal prisoner by a Tribunal, be enforced on transfer of the prisoner to 25
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Australia under this Act: 1
(a) without any adaptation of the duration of the sentence of 2
imprisonment or its legal nature, or with only such adaptations to 3
the duration of the sentence or its legal nature as the Attorney- 4
General considers are necessary to ensure that enforcement of the 5
sentence is consistent with Australian law (in this Act called the 6
continued enforcement method); or 7
(b) by substituting a different sentence of imprisonment for that 8
imposed by the transfer country or Tribunal (in this Act called the 9
converted enforcement method). 10
and nature of enforced sentence 11
Duration
43.(1) The sentence of imprisonment to be enforced under the continued 12
enforcement method or converted enforcement method must not be 13
harsher, in legal nature or duration, than the sentence of imprisonment 14
imposed by the transfer country or Tribunal. 15
(2) Without limiting subsection (1): 16
(a) if the sentence of imprisonment imposed by the transfer country 17
or Tribunal is for a determinate period, the sentence of 18
imprisonment to be enforced under this Act must not be for a 19
longer duration than that sentence; and 20
(b) if the sentence of imprisonment imposed by the transfer country 21
or Tribunal is for an indeterminate period, the sentence of 22
imprisonment to be enforced under this Act is, as far as 23
practicable, to be subject to similar terms affecting the duration of 24
the sentence as those imposed in the transfer country or by the 25
Tribunal; and 26
(c) the sentence of imprisonment to be enforced under this Act must 27
not be of a kind that involves a more severe form of deprivation 28
of liberty than the sentence of imprisonment imposed by the 29
transfer country or Tribunal. 30
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concerning enforcement of sentence 1
Directions
44.(1) In ordering that a sentence of imprisonment be enforced by the 2
continued enforcement method or the converted enforcement method, the 3
Attorney-General may, subject to section 43, give such directions as the 4
Attorney-General considers appropriate as to the duration and legal nature 5
of the sentence of imprisonment as it is to be enforced under this Act. 6
(2) Without limiting subsection (1), directions may be made: 7
(a) as to entitlements to release on parole (including any non-parole 8
period) of the prisoner or Tribunal prisoner following transfer; 9
and 10
(b) if the prisoner is a mentally impaired prisoner--as to any review 11
to be undertaken of the mental condition of the prisoner and 12
treatment to be provided to the prisoner following transfer. 13
(3) For the purpose of forming an opinion or exercising a discretion 14
under this section, the Attorney-General may inform himself or herself as 15
the Attorney-General thinks fit and, in particular, may have regard to the 16
following: 17
(a) any submissions made by the transfer country or Tribunal; 18
(b) any views expressed by any State Minister or Territory Minister 19
concerned with the proposed transfer; 20
(c) any views expressed by parole or prison authorities of any State 21
or Territory; 22
(d) the sentence of imprisonment that might have been imposed if the 23
acts and omissions constituting the offence had been committed 24
in Australia; 25
(e) any limitations or requirements in relation to the way in which a 26
sentence of imprisonment imposed by a transfer country or 27
Tribunal may be enforced in Australia arising from any 28
agreement to which Australia and the transfer country or Tribunal 29
are parties. 30
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and review of sentences of imprisonment imposed by transfer 1
Appeal
country or Tribunal and sentence enforcement decisions of 2
Attorney-General 3
45.(1) On transfer of a prisoner to Australia under this Act, no appeal or 4
review lies in Australia against the sentence of imprisonment imposed by 5
the court or tribunal of the transfer country or by the Tribunal. 6
(2) No appeal lies against a decision of the Attorney-General concerning 7
the enforcement in Australia under this Act of a sentence of imprisonment 8
imposed by a court or tribunal of a transfer country or the Tribunal. 9
transferred to Australia taken to be federal prisoner 10
Prisoner
46.(1) A sentence of imprisonment imposed by the transfer country or 11
Tribunal that is to be enforced in Australia under the continued enforcement 12
method or the converted enforcement method is taken, for the purpose of 13
enforcement of the sentence of imprisonment in Australia on transfer of the 14
prisoner or Tribunal prisoner to Australia under this Act, to be a federal 15
sentence of imprisonment and the prisoner to be a federal prisoner. 16
(2) Any period of the sentence of imprisonment as originally imposed by 17
the transfer country or Tribunal served by the prisoner or Tribunal prisoner 18
before the transfer is taken to have been served under the sentence of 19
imprisonment as it is enforced under this Act. 20
(3) A prisoner or Tribunal prisoner who is transferred to Australia under 21
this Act may, while serving a sentence of imprisonment imposed by a 22
transfer country or Tribunal that is enforced under this Act, be detained in a 23
prison or hospital or other place in a State or Territory. 24
(4) Any relevant Australian law, or practice or procedure lawfully 25
observed, concerning the detention of prisoners applies in relation to the 26
prisoner or Tribunal prisoner on and after that transfer to the extent that it is 27
capable of applying concurrently with this Act. 28
(5) Without limiting subsection (4), Australian law and practice and 29
procedure relating to the following matters are applicable to a prisoner or 30
Tribunal prisoner who is transferred to Australia under this Act: 31
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(a) conditions of imprisonment and treatment of prisoners; 1
(b) release on parole of prisoners; 2
(c) classification and separation of prisoners; 3
(d) removal of prisoners from one prison to another; 4
(e) removal of prisoners between prisons and hospitals or other 5
places or between one hospital or other place and another; 6
(f) treatment of mentally impaired prisoners; 7
(g) eligibility for participation in prison programs, including release 8
under a pre-release permit scheme (however called); 9
10
Note: See, for example, subsection 19AZD(3) of the Crimes Act 1914.
(h) temporary absence from prison (for example, to work or seek 11
work, to attend a funeral or visit a relative suffering a serious 12
illness or to attend a place of education or training); 13
(i) transfer of prisoners between States and Territories. 14
(6) The prisoner or Tribunal prisoner is entitled to any remission or 15
reduction of the sentence of imprisonment imposed by the transfer country 16
or Tribunal that is to be enforced under this Act for which the prisoner 17
would be eligible in accordance with any applicable Australian law if the 18
sentence were a sentence of imprisonment for an offence against a law of 19
the Commonwealth. 20
(7) Nothing in this section prevents the transfer country or Tribunal from 21
pardoning or granting amnesty to or quashing or otherwise nullifying the 22
conviction of a prisoner serving a sentence of imprisonment imposed by the 23
transfer country or Tribunal in Australia in accordance with this Act, or 24
from commuting the sentence. 25
(8) Nothing in this Act imposes any financial responsibility on the 26
Commonwealth to maintain a prisoner transferred under Part 4 of this Act 27
in a prison, or hospital or other place, in a State or Territory unless the 28
prisoner has community ties with the Jervis Bay Territory, the Territory of 29
Christmas Island or the Territory of Cocos (Keeling) Islands. 30
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ATTACHMENT (continued)
transferred from Australia taken to be prisoner of transfer 1
Prisoner
country 2
47. On transfer of a prisoner from Australia under this Act, the sentence 3
of imprisonment imposed by the Australian court ceases to have effect in 4
Australia and, except as provided by section 48, the sentence of 5
imprisonment is taken for all purposes in Australia to be a sentence of 6
imprisonment imposed by a court or tribunal of the transfer country and the 7
prisoner is to be a prisoner of the transfer country. 8
amnesty or commutation of sentences of 9
Pardon,
imprisonment--prisoners transferred from Australia 10
48.(1) During the period in which a sentence of imprisonment is served 11
in a transfer country by a prisoner transferred from Australia under this Act, 12
the prisoner's conviction may be quashed or otherwise nullified and the 13
prisoner may be pardoned or granted any amnesty or commutation of 14
sentence of imprisonment that could be granted under Australian law if the 15
prisoner were serving the sentence of imprisonment in Australia. 16
(2) If, during the period in which the sentence of imprisonment is served 17
by a prisoner transferred from Australia under this Act in a transfer country, 18
the prisoner's conviction is quashed or otherwise nullified or the prisoner is 19
pardoned or granted amnesty or commutation of sentence of imprisonment 20
under Australian law, the Attorney-General is to immediately notify the 21
transfer country that the prisoner should no longer be detained in custody or 22
otherwise subjected to detention or supervision only because of the sentence 23
of imprisonment. 24
amnesty or commutation of sentences of 25
Pardon,
imprisonment--prisoners transferred to Australia 26
49.(1) During the period in which a sentence of imprisonment is served 27
in Australia by a prisoner transferred to Australia under this Act, the 28
prisoner may be pardoned or granted any amnesty or commutation of 29
sentence of imprisonment that could be granted under Australian law if the 30
sentence of imprisonment had been imposed for an offence against an 31
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Prisoners International Transfer (Queensland)
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Australian law. 1
(2) The Attorney-General is to direct, in a form prescribed by the 2
regulations, that a prisoner must not be detained in custody or otherwise be 3
subjected to detention or supervision in Australia under a sentence of 4
imprisonment imposed by a transfer country enforced under this Act only 5
because of that sentence of imprisonment if, during the period in which the 6
sentence of imprisonment is served in Australia: 7
(a) the prisoner is pardoned or granted amnesty or commutation of 8
sentence of imprisonment under an Australian law; or 9
(b) the transfer country notifies the Attorney-General that the 10
prisoner's conviction has been quashed or otherwise nullified or 11
that the prisoner has been pardoned or granted amnesty or 12
commutation of sentence of imprisonment under the law of the 13
transfer country. 14
(3) The Attorney-General is to direct, in a form prescribed by the 15
regulations, that a prisoner must not be detained in custody or otherwise be 16
subjected to detention or supervision in Australia under a sentence of 17
imprisonment imposed by a Tribunal enforced under this Act only because 18
of that sentence of imprisonment if, during the period in which the sentence 19
is served in Australia: 20
(a) the Tribunal notifies the Attorney-General that the prisoner may 21
be pardoned or granted amnesty or commutation of sentence of 22
imprisonment under an Australian law and the prisoner is granted 23
such amnesty or commutation of sentence of imprisonment; or 24
(b) the Tribunal notifies the Attorney-General that the prisoner's 25
conviction has been quashed or otherwise nullified or that the 26
prisoner has been pardoned or granted amnesty or commutation 27
of sentence of imprisonment by the Tribunal. 28
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ART 7--MISCELLANEOUS 1
P
with States and Territories 2
Arrangements
50.(1) The Governor-General may make arrangements with the 3
Governor of a State, the Chief Minister of the ACT or the Administrator of 4
a Territory with respect to the administration of this Act, including 5
arrangements relating to the exercise by officers of the State or Territory of 6
functions under this Act. 7
(2) An arrangement may be varied or terminated at any time. 8
(3) The Attorney-General is to cause notice of the making, variation or 9
termination of an arrangement to be published in the Gazette. 10
of costs and expenses of transfer 11
Recovery
51.(1) The terms agreed under this Act for transfer of a prisoner or 12
Tribunal prisoner may, if the Attorney-General considers it appropriate, 13
include terms relating to the recovery of the costs and expenses reasonably 14
incurred in transferring the prisoner or Tribunal prisoner. 15
(2) If any costs or expenses in respect of money recovered in accordance 16
with such terms were incurred by a State or Territory, the Commonwealth 17
is to reimburse the State or Territory concerned. 18
and prisoner's representative to be kept informed 19
Prisoner
52. The Attorney-General is to arrange for any prisoner or prisoner's 20
representative who makes a request for transfer under this Act to be kept 21
informed as to progress of the request. 22
23
Delegation
53. The Attorney-General may delegate in writing all or any of the 24
Attorney-General's powers under this Act or the regulations to: 25
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(a) the Secretary to the Department; or 1
(b) a person holding or performing the duties of a Senior Executive 2
Service office in the Department. 3
of countries as transfer countries 4
Notification
54. The Attorney-General is to inform each State and Territory Minister 5
whenever a country is declared by the regulations to be a transfer country 6
and request the State and Territory Ministers to use their best endeavours to 7
notify any prisoner who may be eligible for transfer under this Act of the 8
application of this Act to a country of which the prisoner is a national and of 9
the operation of this Act. 10
of prisoners 11
Transit
55.(1) The following provisions apply to the transport in custody through 12
Australia of a prisoner or Tribunal prisoner who is being transferred from a 13
transfer country or Tribunal country to another transfer country or Tribunal 14
country: 15
(a) the prisoner may be transported in custody through Australia for 16
the purposes of the transfer; 17
(b) if the aircraft or ship that transports the prisoner makes a landing 18
or calls at a place in Australia: 19
(i) the person holding the prisoner in custody before the landing 20
or call is made may hold the prisoner in custody at the place 21
for a period not exceeding 24 hours; 22
(ii) any police officer may provide such assistance at the place as 23
is reasonable and necessary to facilitate transporting of the 24
prisoner in custody; 25
(iii) any magistrate to whom application is made, in the form 26
prescribed by the regulations, by or on behalf of the transfer 27
country or Tribunal concerned must issue a warrant ordering 28
a person specified in the warrant to hold the prisoner in 29
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ATTACHMENT (continued)
custody for such period or periods as the magistrate 1
considers necessary to facilitate the transporting of the 2
prisoner; 3
(iv) the Attorney-General may, on application by the transfer 4
country or Tribunal concerned, authorise in writing a 5
magistrate to issue a warrant ordering a person specified in 6
the warrant to hold the prisoner in custody for a further 7
specified period in order to facilitate the transporting of the 8
prisoner; 9
(v) the Attorney-General may at any time direct a person having 10
custody of the prisoner under this paragraph to release the 11
prisoner from custody. 12
(2) The total period or periods of any custody in accordance with 13
subparagraphs (1)(b)(i) and (ii) must not exceed 96 hours. 14
of persons escaping from custody 15
Arrest
56.(1) A police officer may, without warrant, arrest a person if the officer 16
has reasonable grounds to believe that the person has escaped from custody 17
authorised by this Act. 18
(2) The police officer must, as soon as practicable, take the person before 19
a magistrate. 20
(3) If the magistrate is satisfied that the person has escaped from custody 21
authorised by this Act, the magistrate may issue a warrant authorising any 22
police officer to return the person to the custody from which the person 23
escaped. 24
with Minister for Immigration and Multicultural 25
Consultation
Affairs 26
57. The Attorney-General must not make any decision under this Act 27
affecting a prisoner who is not an Australian citizen without the consent of 28
the Minister for Immigration and Multicultural Affairs. 29
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1
Regulations
58.(1) The Governor-General may make regulations prescribing matters: 2
(a) required or permitted by this Act to be prescribed; or 3
(b) necessary or convenient to be prescribed for carrying out or 4
giving effect to this Act. 5
(2) In particular, regulations may make provision for or with respect to 6
information to be provided to prisoners and other persons for the purposes 7
of this Act and any State or Territory Act relating to the international 8
transfer of prisoners. 9
(3) The regulations may prescribe penalties not exceeding a fine of 10
10 penalty units for offences against the regulations. 11
12
© State of Queensland 1997
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