International Transfer of Prisoners (Tasmania) Act 1997

International Transfer of Prisoners (Tasmania) Act 1997

An Act to give effect to a 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 this jurisdiction and 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:

PART 1 - Preliminary

1.   Short title

This Act may be cited as the International Transfer of Prisoners (Tasmania) Act 1997 .

2.   Commencement

This Act commences on a day to be proclaimed.

3.   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 provides for the international transfer of prisoners;

function includes a power, authority or duty;

State includes a Territory;

this jurisdiction means Tasmania;

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 used in this Act, the expression as used in this Act has, unless the contrary intention appears, the same meaning as in that Act.

PART 2 - Conferral of functions

4.   Powers and functions of Minister

(1)  A Minister of this jurisdiction may exercise and perform any function conferred or expressed to be conferred on the Minister by or under the Commonwealth Act.

(2)  The Minister may delegate to the Secretary of the Department or the Director of Corrective Services any such function.

5.   Powers and functions of prison officers, police officers and others

(1)  A prison officer, police officer or 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

(b) in accordance with any arrangements referred to in section 6 .

(2)  It is lawful for a prison officer, police officer or other official of this jurisdiction –

(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

(b) to take any action in respect of a prisoner transferred, or to be transferred, to or from Australia in accordance with the Commonwealth Act that the official is authorised to take by or under that Act.

6.   Arrangements for administration of Act

(1)  The Governor may, in accordance with section 50 of the Commonwealth Act, make 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 accordance with the Commonwealth Act.

PART 3 - Enforcement of sentences of imprisonment of transferred prisoners

7.   Prisoners transferred to Australia

(1)  Any relevant enforcement law applies to and in 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 tribunal of a transfer country (or by a War Crimes 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.

(2)  Without limiting subsection (1) , enforcement laws relating to the following matters are applicable to a prisoner or Tribunal 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;

(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 hospital or other place;

(f) treatment of mentally impaired prisoners;

(g) eligibility for participation in prison programs, including release under a pre-release permit scheme (however called);

(h) temporary absence from prison (including temporary absences to work or 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.

(3)  Any direction given by the Attorney-General of the Commonwealth under section 44 of the Commonwealth Act concerning enforcement of such a sentence of imprisonment is to be given effect in this jurisdiction.

(4)  Any direction given by the Attorney-General of the Commonwealth under section 49 of the Commonwealth Act concerning a prisoner referred to in subsection (1) 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 jurisdiction.

(5)  In this section –

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 observed –

concerning the detention of prisoners.

8.   Prisoners transferred from Australia

(1)  Except as provided by subsection (2) , the laws of this jurisdiction relating tothe enforcement of a 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 the Commonwealth Act to complete serving such a sentence of imprisonment.

(2)  Nothing in this section limits the power of the Governor or of a court or tribunal of this jurisdiction to pardon, grant amnesty or commute such a sentence of imprisonment.

PART 4 - Miscellaneous

9.   Regulations

The Governor may make regulations for the purposes of this Act.

11.   Administration of Act

Until provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990  –

(a) the administration of this Act is assigned to the Minister for Justice; and

(b) the Department responsible to the Minister for Justice in relation to the administration of this Act is the Department of Justice.