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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
International Transfer of Prisoners (Victoria) Act
1998
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
3. Definitions 2
PART 2--CONFERRAL OF FUNCTIONS 4
4. Functions of the Minister 4
5. Functions of prison officers, members of the police force and
others 4
6. Arrangements for administration of Act 5
PART 3--ENFORCEMENT OF SENTENCES OF
IMPRISONMENT OF TRANSFERRED PRISONERS 6
7. Prisoners transferred to Australia 6
8. Prisoners transferred from Australia 7
PART 4--MISCELLANEOUS 9
9. Regulations 9
PART 5--CONSEQUENTIAL AMENDMENTS 10
10. Amendment of section 3 of the Parole Orders (Transfer) Act
1983--definitions 10
11. Amendment of section 9 of the Parole Orders (Transfer) Act
1983--effect of registration 10
12. Amendment of section 4 of the Prisoners (Interstate Transfer)
Act 1983--definitions 11
13. Amendment of section 7 of the Prisoners (Interstate Transfer)
Act 1983--transfers 11
14. Insertion of new section 8A in the Prisoners (Interstate
Transfer) Act 1983 12
i
532066B.I1-1/5/98
Clause Page
8A. Effect of orders under this Part on transferred prisoners 12
15. Amendment of section 26 of the Prisoners (Interstate
Transfer) Act 1983--information to be sent to participating
State 13
16. Amendment of section 3 of the Mental Health Act 1986--
definition of security patient 13
NOTES 15
ii
532066B.I1-1/5/98
PARLIAMENT OF VICTORIA
Initiated in Assembly 29 April 1998
A BILL
relating to the transfer of prisoners to and from Australia.
International Transfer of Prisoners
(Victoria) Act 1998
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The purpose of this Act is to give effect to the
scheme for the international transfer of prisoners
5 set out in the International Transfer of Prisoners
Act 1997 of the Commonwealth by enabling such
prisoners to be transferred to and from this
jurisdiction.
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International Transfer of Prisoners (Victoria) Act 1998
s. 2
Act No.
2. Commencement
(1) This Part comes into operation on the day on
which this Act receives the Royal Assent.
(2) The remaining provisions of this Act come into
5 operation on a day or days to be proclaimed.
3. Definitions
(1) In this Act--
"Commonwealth Act" means the International
Transfer of Prisoners Act 1997 of the
10 Commonwealth;
"corresponding law" means a law of another
State that provides for the international
transfer of prisoners;
"function" includes power, authority or duty;
15 "member of the police force" has the same
meaning as "member of the force" has in the
Police Regulation Act 1958;
"prison officer" has the same meaning as in the
Corrections Act 1986;
20 "State" includes a Territory;
"this jurisdiction" means Victoria;
"War Crimes Tribunal" means the Former
Yugoslavia Tribunal or Rwanda Tribunal
within the meaning of the Commonwealth
25 Act.
(2) If an expression is defined in the Commonwealth
Act and is also used in this Act, the expression as
used in this Act has, unless the contrary intention
appears, the same meaning as in that Act.
30 (3) In this Act, a reference to the Commonwealth Act
includes a reference to--
2
532066B.I1-1/5/98
International Transfer of Prisoners (Victoria) Act 1998
s. 3
Act No.
(a) that Act as amended and in force for the time
being; and
(b) an Act enacted in substitution for that Act.
_______________
5
3
532066B.I1-1/5/98
International Transfer of Prisoners (Victoria) Act 1998
s. 4
Act No.
PART 2--CONFERRAL OF FUNCTIONS
4. Functions of the Minister
(1) A Minister of this jurisdiction may exercise and
perform any function conferred or expressed to be
5 conferred on the Minister by or under the
Commonwealth Act.
(2) The Minister may delegate to an authorised
person any such function.
(3) In this section--
10 "authorised person" means--
(a) the Secretary to the Department of Justice,
the Commissioner appointed under section
8A of the Corrections Act 1986 or any
officer or employee of the Department of
15 Justice; or
(b) the Secretary of the Department of Human
Services, the chief psychiatrist (within the
meaning of the Mental Health Act 1986) or
any other person or body having functions
20 under that Act; or
(c) any prescribed person or class of persons.
5. Functions of prison officers, members of the police
force and others
(1) A prison officer, member of the police force and
25 any other official of this jurisdiction may exercise
and perform any function conferred or expressed
to be conferred on the official--
(a) by or under the Commonwealth Act or a
corresponding law; or
30 (b) in accordance with any arrangements
referred to in section 6.
4
532066B.I1-1/5/98
International Transfer of Prisoners (Victoria) Act 1998
s. 6
Act No.
(2) It is lawful for a prison officer, member of the
police force or other official of this jurisdiction--
(a) to hold and deal with any prisoner in
accordance with the terms of a warrant
5 issued under the Commonwealth Act in
respect of the prisoner; and
(b) to take any action in respect of a prisoner
transferred, or to be transferred, to or from
Australia in accordance with the
10 Commonwealth Act that the official is
authorised to take by or under that Act.
6. Arrangements for administration of Act
(1) The Governor in Council may, in accordance with
section 50 of the Commonwealth Act, make
15 arrangements for the administration of that Act,
including arrangements relating to the exercise by
officers of this jurisdiction of functions under the
Commonwealth Act.
(2) An arrangement may be varied or terminated in
20 accordance with the Commonwealth Act.
_______________
5
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International Transfer of Prisoners (Victoria) Act 1998
s. 7
Act No.
PART 3--ENFORCEMENT OF SENTENCES OF
IMPRISONMENT OF TRANSFERRED PRISONERS
7. Prisoners transferred to Australia
(1) Any relevant enforcement law applies to and in
5 respect of a prisoner who is transferred to
Australia under the Commonwealth Act to
complete serving a sentence of imprisonment in
this jurisdiction that was imposed by a court or a
tribunal of a transfer country (or by a War Crimes
10 Tribunal) in the same way as the enforcement law
applies to and in respect of a federal prisoner
serving a sentence of imprisonment in this
jurisdiction that is imposed under a law of the
Commonwealth.
15 (2) Without limiting sub-section (1), enforcement
laws relating to the following matters are
applicable to a prisoner or a Tribunal prisoner
who is transferred to Australia under the
Commonwealth Act--
20 (a) conditions of imprisonment and treatment of
prisoners;
(b) release on parole of prisoners;
(c) classification and separation of prisoners;
(d) removal of prisoners from one prison to
25 another;
(e) removal of prisoners between prisons and
hospitals or other places or between one
hospital or other place and another;
(f) treatment of mentally impaired prisoners;
30 (g) eligibility for participation in prison
programs, including release under a pre-
release permit scheme (however called);
6
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International Transfer of Prisoners (Victoria) Act 1998
s. 8
Act No.
(h) temporary absence from prison (for example,
to work or seek work, to attend a funeral or
visit a relative suffering from a serious
illness or to attend a place of education or
5 training);
(i) transfer of prisoners between States.
(3) Any direction given by the Attorney-General of
the Commonwealth under section 44 of the
Commonwealth Act concerning enforcement of
10 such a sentence of imprisonment is to be given
effect to in this jurisdiction.
(4) Any direction given by the Attorney-General of
the Commonwealth under section 49 of the
Commonwealth Act concerning a prisoner
15 referred to in sub-section (1) who is pardoned or
granted amnesty or commutation of sentence of
imprisonment as referred to in that section is to be
given effect to in this jurisdiction.
(5) In this section--
20 "enforcement law" means--
(a) any law of this jurisdiction; or
(b) any law of the Commonwealth or
another State; or
(c) any practice or procedure lawfully
25 observed--
concerning the detention of prisoners.
8. Prisoners transferred from Australia
(1) Except as provided for in sub-section (2), the laws
of this jurisdiction relating to the enforcement of a
30 sentence of imprisonment imposed by a court of
this jurisdiction on a person cease to apply to a
prisoner on whom such a sentence has been
imposed who is transferred from Australia under
7
532066B.I1-1/5/98
International Transfer of Prisoners (Victoria) Act 1998
s. 8
Act No.
the Commonwealth Act to complete serving such
a sentence of imprisonment.
(2) Nothing in this section limits the power of the
Crown or of a court or tribunal of this jurisdiction
5 to pardon, grant amnesty or commute such a
sentence of imprisonment.
_______________
8
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International Transfer of Prisoners (Victoria) Act 1998
s. 9
Act No.
PART 4--MISCELLANEOUS
9. Regulations
(1) The Governor in Council may make regulations,
not inconsistent with this Act, for or with respect
5 to any matter that is required or permitted to be
prescribed by this Act or is necessary or
convenient to be prescribed for carrying out or
giving effect to this Act.
(2) The regulations--
10 (a) may be of general or limited application; and
(b) may differ according to differences in time,
place or circumstances; and
(c) may confer a discretionary authority or
impose a duty on a specified person or class
15 of person; and
(d) may impose a penalty not exceeding
10 penalty units for a contravention of the
regulations; and
(e) may apply adopt or incorporate any matter
20 contained in any document whether--
(i) wholly or partially or as amended by
the regulations; or
(ii) as in force at a particular time or as in
force from time to time.
25 _______________
9
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International Transfer of Prisoners (Victoria) Act 1998
s. 10
Act No.
PART 5--CONSEQUENTIAL AMENDMENTS
No. 9960. 10. Amendment of section 3 of the Parole Orders
Reprint No. 1
(Transfer) Act 1983--definitions
as at
19 September
In section 3 of the Parole Orders (Transfer) Act
1996.
5 1983 insert the following definition--
' "international prisoner" means a person who is
serving a sentence of imprisonment in
Australia in accordance with the
International Transfer of Prisoners Act 1997
10 of the Commonwealth;'.
11. Amendment of section 9 of the Parole Orders
(Transfer) Act 1983--effect of registration
In section 9 of the Parole Orders (Transfer) Act
1983, for sub-section (3) substitute--
15 "(3) For the purposes of sub-section (2), the
appropriate court of this State in relation to a
sentence of imprisonment--
(a) imposed on a person other than an
international prisoner, is the court that,
20 under the regulations, is the court
corresponding to the court of the other
State or the Territory by which the
sentence of imprisonment was imposed;
or
25 (b) imposed on an international prisoner, is
the court that, under the regulations, is
declared to correspond to the court of
the country, or the Tribunal, within the
meaning of the International Transfer
30 of Prisoners Act 1997 of the
Commonwealth, by which the sentence
of imprisonment that the prisoner is
serving in Australia under that Act was
imposed.".
10
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International Transfer of Prisoners (Victoria) Act 1998
s. 12
Act No.
12. Amendment of section 4 of the Prisoners (Interstate No. 9881.
Transfer) Act 1983--definitions Reprint No. 2
as at
In section 4 of the Prisoners (Interstate 5 September
1997.
Transfer) Act 1983--
5 (a) in the definition of "sentence of
imprisonment", after paragraph (e) insert--
"; or
(f) a sentence of imprisonment within the
meaning of the International Transfer
10 of Prisoners Act 1997 of the
Commonwealth;";
(b) insert the following definition--
' "international prisoner" means a person
serving a sentence of imprisonment in
15 Australia in accordance with the
International Transfer of Prisoners Act
1997 of the Commonwealth;'.
13. Amendment of section 7 of the Prisoners (Interstate
Transfer) Act 1983--transfers
20 After section 7(5) of the Prisoners (Interstate
Transfer) Act 1983 insert--
"(5A) Where the Minister--
(a) receives a written request made by an
international prisoner serving a
25 sentence of imprisonment in this State
for the transfer of the prisoner to a
participating State; and
(b) is of the opinion that the prisoner to
whom the request relates should be
30 transferred to the participating State in
the interests of the welfare of the
prisoner--
11
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International Transfer of Prisoners (Victoria) Act 1998
s. 14
Act No.
the Minister is to give to the corresponding
Minister of the participating State a written
request asking that Minister to accept the
transfer of the prisoner to the participating
5 State.
(5B) Where an international prisoner is serving a
sentence of imprisonment in this State and
the Minister--
(a) receives a written request made by the
10 prisoner for the transfer of the prisoner
to a Territory; and
(b) is of the opinion that the prisoner to
whom the request relates should be
transferred to the Territory in the
15 interests of the welfare of the
prisoner--
the Minister may issue an order for the
transfer of the prisoner to the Territory.".
14. Insertion of new section 8A in the Prisoners
20 (Interstate Transfer) Act 1983
After section 8 of the Prisoners (Interstate
Transfer) Act 1983 insert--
"8A. Effect of orders under this Part on
transferred prisoners
25 An order of transfer issued under this Part in
relation to an international prisoner has no
effect--
(a) to the extent that, but for this section, it
authorises or requires the doing of an
30 act or thing under this Act in relation to
that person in the person's capacity as a
prisoner serving a sentence of
imprisonment in accordance with the
International Transfer of Prisoners Act
35 1997 of the Commonwealth; and
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532066B.I1-1/5/98
International Transfer of Prisoners (Victoria) Act 1998
s. 15
16
Act No.
(b) unless and until a transfer order
corresponding to the order of transfer is
in force under the Transfer of Prisoners
Act 1983 of the Commonwealth or the
5 transfer is otherwise authorised under
that Act.".
15. Amendment of section 26 of the Prisoners (Interstate
Transfer) Act 1983--information to be sent to
participating State
10 In section 26(1) of the Prisoners (Interstate
Transfer) Act 1983--
(a) at the end of paragraph (a) insert "and";
(b) at the end of paragraph (b) insert "and";
(c) after paragraph (c) insert--
15 "(ca) in the case of an international prisoner,
a report relating to the prisoner, which
is to contain such information and to be
accompanied by such documents
available in this State as appear to be of
20 assistance to any court, authority or
officer in the participating State and is
to include details of any directions
made by the Attorney-General under
section 44 of the International Transfer
25 of Prisoners Act 1997 of the
Commonwealth and any other relevant
details of the kind referred to in
paragraph (c); and".
No. 59/1986.
16. Amendment of section 3 of the Mental Health Act
Reprint No. 4
30 1986--definition of security patient as at 19 June
1997. Further
In the definition of "security patient" in section 3 amended by
of the Mental Health Act 1986, after Act Nos
65/1997 and
paragraph (a) insert-- 77/1997.
"; or
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532066B.I1-1/5/98
International Transfer of Prisoners (Victoria) Act 1998
Act No.
(b) a person detained in an approved mental
health service while serving a sentence of
imprisonment within the meaning of the
International Transfer of Prisoners Act 1997
5 of the Commonwealth.".
14
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International Transfer of Prisoners (Victoria) Act 1998
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
15
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International Transfer of Prisoners (Victoria) Act 1998
Act No.
16
532066B.I1-1/5/98
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