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TASMANIA
__________
PRISONERS (INTERSTATE TRANSFER)
AMENDMENT BILL 2005
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Part II: Heading amended
5. Section 5 amended (Requests for, and orders of, transfer)
6. Section 8A inserted
8A. Matters to which Minister may have regard
7. Section 9 amended (Reports)
8. Section 21 amended (Provisions ancillary to section 18)
[Bill 16]-I
2
PRISONERS (INTERSTATE TRANSFER)
AMENDMENT BILL 2005
(Brought in by the Minister for Justice and Industrial
Relations, the Honourable Judith Louise Jackson)
A BILL FOR
An Act to amend the Prisoners (Interstate Transfer) Act
1982
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Prisoners
(Interstate Transfer) Amendment Act 2005.
2. Commencement
This Act commences on a day to be proclaimed.
3. Principal Act
In this Act, the Prisoners (Interstate Transfer)
Act 1982* is referred to as the Principal Act.
*No. 55 of 1982
[Bill 16] 3
s. 4 No. Prisoners (Interstate Transfer) Amendment 2005
4. Part II: Heading amended
Part II of the Principal Act is amended by
omitting "TRANSFER FOR PRISONER'S
WELFARE" from the heading to that Part and
substituting "TRANSFER AT REQUEST OF
PRISONER".
5. Section 5 amended (Requests for, and orders of,
transfer)
Section 5 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)(b) "in
the interests of the welfare of the
prisoner";
(b) by omitting from subsection (3)(b) "in
the interests of the welfare of the
prisoner";
(c) by omitting from subsection (5)(b) "in
the interests of the welfare of the
prisoner".
6. Section 8A inserted
After section 8 of the Principal Act, the
following section is inserted in Part II:
8A. Matters to which Minister may have regard
In forming an opinion or exercising any
discretion under this Part, the Minister
may have regard to any one or more of
the following:
4
2005 Prisoners (Interstate Transfer) Amendment No. s. 7
(a) the welfare of the prisoner
concerned;
(b) the administration of justice in
this or any other State;
(c) the security and good order of
any prison in this or any other
State;
(d) the safe custody of the prisoner;
(e) the protection of the community
in this or any other State;
(f) any other matter the Minister
considers relevant.
7. Section 9 amended (Reports)
Section 9(1) of the Principal Act is amended by
omitting "may have regard to reports" and
substituting "by reference to reports".
8. Section 21 amended (Provisions ancillary to section
18)
Section 21 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)(a) "it is
in the interests of the welfare of the
person that";
(b) by inserting the following subsection
after subsection (1):
5
s. 8 No. Prisoners (Interstate Transfer) Amendment 2005
(1A) In making a decision under
subsection (1)(a), the Minister
may have regard to any one or
more of the following:
(a) the welfare of the person
concerned;
(b) the administration of
justice in this or any other
State;
(c) the security and good
order of any prison in this
or any other State;
(d) the safe custody of the
person;
(e) the protection of the
community in this or any
other State;
(f) any other matter the
Minister considers
relevant.
6 Government Printer, Tasmania