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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Prisoners (International Transfer) Bill 1999
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Object of Act 2
4. Interpretation 2
5. Notes not part of Act 3
Part 2 -- Conferral of functions
6. Powers and functions of Minister 4
7. Delegation 4
8. Powers and functions of prison officers, police
officers and others 4
9. Arrangements for administration of Act 5
Part 3 -- Enforcement of sentences of
imprisonment of transferred prisoners
10 . Prisoners transferred to Western Australia 6
11 . Prisoners transferred from Western Australia 7
page i
26--1
Prisoners (International Transfer) Bill 1999
Contents
Part 4 -- Miscellaneous
12 . Regulations 8
page ii
Western Australia
LEGISLATIVE COUNCIL
Prisoners (International Transfer)
Bill 1999
A Bill for
An Act to provide for the international transfer of prisoners to and
from Western Australia.
The Parliament of Western Australia enacts as follows:
page 1
Prisoners (International Transfer) Bill 1999
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Prisoners (International Transfer)
Act 1999.
5 2. Commencement
(1) This Act comes into operation on a day fixed by proclamation.
(2) Different days may be fixed under subsection (1) for different
provisions.
3. Object of Act
10 The object of this Act is to give effect to the scheme for the
international transfer of prisoners set out in the International
Transfer of Prisoners Act 1997 of the Commonwealth by
enabling those prisoners to be transferred to and from Western
Australia.
15 4. Interpretation
(1) In this Act --
"Commonwealth Act" means the International Transfer of
Prisoners Act 1997 of the Commonwealth;
"corresponding law" means a law of another State that
20 provides for the international transfer of prisoners;
"department" means the department of the Public Service
principally assisting the Minister to whom the
administration of the Prisons Act 1981 is for the time being
committed by the Governor;
25 "function" includes a power, authority or duty;
"State" includes the Australian Capital Territory and the
Northern Territory;
page 2
Prisoners (International Transfer) Bill 1999
Preliminary Part 1
s. 5
"War Crimes Tribunal" means the former Yugoslavia
Tribunal or Rwanda Tribunal within the meaning of the
Commonwealth Act.
(2) If an expression is defined in the Commonwealth Act and is also
5 used in this Act, the expression as used in this Act has, unless
the contrary intention appears, the same meaning as in the
Commonwealth Act.
(3) In this Act, a reference to the Commonwealth Act includes a
reference to --
10 (a) the Commonwealth Act as amended and in force for the
time being; and
(b) an Act enacted in substitution for the Commonwealth
Act.
5. Notes not part of Act
15 Notes in this Act are provided to assist understanding and do not
form part of the Act.
page 3
Prisoners (International Transfer) Bill 1999
Part 2 Conferral of functions
s. 6
Part 2 -- Conferral of functions
6. Powers and functions of Minister
A Minister of this State may perform any function conferred or
expressed to be conferred on the Minister by or under the
5 Commonwealth Act.
7. Delegation
(1) The Minister may, by instrument, delegate the performance of a
function referred to in section 6 to --
(a) the chief executive officer of the department;
10 (b) a public service officer working in the department; or
(c) a person prescribed by the regulations or belonging to a
class of persons prescribed by the regulations.
(2) A function performed by a delegate is to be taken as being
performed by the Minister.
15 8. Powers and functions of prison officers, police officers and
others
(1) A prison officer, police officer and any other person who is
authorized for the purposes of the Commonwealth Act may
perform any function conferred or expressed to be conferred on
20 him or her --
(a) by or under the Commonwealth Act or a corresponding
law; or
(b) in accordance with an arrangement referred to in
section 9.
25 (2) It is lawful for a person referred to in subsection (1) --
(a) to hold and deal with any prisoner in accordance with
the terms of a warrant issued under the Commonwealth
Act in respect of the prisoner; and
page 4
Prisoners (International Transfer) Bill 1999
Conferral of functions Part 2
s. 9
(b) to take any action in respect of a prisoner transferred, or
to be transferred, to or from this State in accordance
with the Commonwealth Act that the person is
authorized to take by or under that Act.
5
Note: 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 that Act requiring a prison
officer, police officer or other person specified in the warrant to escort a prisoner who is being
transferred. Under section 56 of that Act, a police officer of this State may arrest a person
10 escaping from custody.
9. Arrangements for administration of Act
(1) The Governor may, in accordance with section 50 of the
Commonwealth Act, make arrangements with respect to the
administration of that Act, including arrangements relating to
15 the performance by prison officers, police officers or other
persons of functions under that Act.
(2) An arrangement may be varied or terminated in accordance with
the Commonwealth Act.
page 5
Prisoners (International Transfer) Bill 1999
Part 3 Enforcement of sentences of imprisonment of transferred
prisoners
s. 10
Part 3 -- Enforcement of sentences of imprisonment of
transferred prisoners
10. Prisoners transferred to Western Australia
(1) In this section --
5 "enforcement law" means --
(a) any law of this State;
(b) any law of the Commonwealth or another State; or
(c) any practice or procedure lawfully observed,
concerning the detention of prisoners.
10 (2) Any relevant enforcement law applies to and in respect of a
prisoner who is transferred to this State under the
Commonwealth Act to complete serving a sentence of
imprisonment in this State that was imposed by a court or
tribunal of a transfer country (or by a War Crimes Tribunal) in
15 the same way as the enforcement law applies to and in respect
of a federal prisoner serving a sentence of imprisonment in this
State that is imposed under a law of the Commonwealth.
(3) Without limiting subsection (2), enforcement laws relating to
the following matters are applicable to a prisoner or Tribunal
20 prisoner who is transferred to Australia under the
Commonwealth Act --
(a) conditions of imprisonment and treatment of prisoners;
(b) release on parole of prisoners;
(c) classification and separation of prisoners;
25 (d) removal of prisoners from one prison to another;
(e) removal of prisoners between prisons and hospitals or
other places or between one hospital or other place and
another;
(f) treatment of mentally impaired prisoners;
page 6
Prisoners (International Transfer) Bill 1999
Enforcement of sentences of imprisonment of transferred Part 3
prisoners
s. 11
(g) eligibility for participation in prison programs, including
release under a pre-release permit scheme (however
called);
(h) temporary absence from prison (for example, to work or
5 seek work, to attend a funeral or visit a relative suffering
a serious illness or to attend a place of education or
training);
(i) transfer of prisoners between States and Territories.
(4) Any direction given by the Attorney-General of the
10 Commonwealth under section 44 of the Commonwealth Act
concerning enforcement of such a sentence of imprisonment is
to be given effect in this State.
(5) Any direction given by the Attorney-General of the
Commonwealth under section 49 of the Commonwealth Act
15 concerning a prisoner referred to in subsection (2) who is
pardoned or granted amnesty or commutation of sentence of
imprisonment as referred to in that section is to be given effect
in this State.
20 Note: See Part 1B of the Crimes Act 1914 of the Commonwealth in relation to the imprisonment
and release of prisoners. In particular see sections 19A and 19AA (Remissions and reductions of
sentences) and Division 5 (Conditional release on parole or licence).
11. Prisoners transferred from Western Australia
(1) The laws of this State relating to the enforcement of a sentence
25 of imprisonment imposed by a court of this State cease to apply
to a prisoner on whom such a sentence has been imposed who is
transferred from Western Australia under the Commonwealth
Act to complete serving the sentence.
(2) Nothing in subsection (1) limits the power of the Crown or of a
30 court of this State to pardon, grant amnesty or commute a
sentence of imprisonment.
page 7
Prisoners (International Transfer) Bill 1999
Part 4 Miscellaneous
s. 12
Part 4 -- Miscellaneous
12. Regulations
The Governor may make regulations prescribing all matters that
are required or permitted by this Act to be prescribed or are
5 necessary or convenient to be prescribed for giving effect to this
Act.
page 8
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