No. (f)  in which making or revoking the order, making the application, giving the consent or serving the notice would involve consideration of questions of security. startxref 0000001064 00000 n (b)  in relation to a transferred sentence attributable to a sentence imposed in respect of such an offence; be exercised by the Queen or the Governor of that State as if that offence were an offence against the law of that State. Interpretation 4. (b)  a remand prisoner in a prison of a State or Territory; to another State or Territory if the Attorney‑General believes on reasonable grounds that it is necessary in the interests of security. There is no provision, however, either in the Prisoners Act, 1900, or any other law for the transfer of prisoners from prisons in those States to prisons in Part B States and vice versa. All relevant information pertaining to application, saving or transitional provisions prior to 6 April 2001 is not included in this compilation. 31  Orders may be made in consequence of appeal or retrial. (2)  Where a prisoner upon whom a sentence or sentences of imprisonment has or have been imposed under, and for an offence or offences against, a law of a State is transferred, in pursuance of a transfer order or a State order of transfer or both, to a Territory, then, in the application of the provisions of a law of that Territory relating to the reduction or remission of sentences or of minimum terms of imprisonment to the transferred State sentence or transferred State sentences of the prisoner, the prisoner shall be deemed to be entitled under those provisions, upon his or her being so transferred; (a)  in lieu of any period or periods of reduction or remission of the transferred State sentence or transferred State sentences to which he or she would otherwise be entitled upon being so transferred—to a period or periods of reduction or remission of the transferred State sentence or the transferred State sentences equivalent to the period or periods of reduction or remission applicable, immediately before he or she was so transferred, to the sentence or sentences to which the transferred State sentence or the transferred State sentences is or are attributable; and. (2)  A hearing of a proceeding on a review under this section of a decision relating to the transfer of a prisoner shall be held in the presence of the prisoner. (5)  The Attorney‑General is not required to consider an application made by a prisoner under subsection (1) for transfer from a State or Territory to another State or Territory if the prisoner has previously made application under that subsection for transfer to that other State or Territory within the period of one year immediately preceding the making of the first‑mentioned application. Commonwealth prisoner means a person who is either a federal prisoner or a Territory prisoner and includes a prisoner upon whom a sentence of imprisonment was imposed for an offence against a law of the Northern Territory and who was, before 12 June 1985, removed to the State of South Australia under section 3 of the Removal of Prisoners (Territories) Act 1923. complementary State order of transfer means a State order of transfer other than an order for the transfer of a State prisoner from a State to another State or to a Territory. 16  Return of prisoner for appeal purposes. BE it enacted by Parliament as follows:— 1. (2)  Upon production to him or her of a transfer order, the Superintendent or other officer in charge of the prison where the prisoner to whom the transfer order relates is imprisoned shall deliver the prisoner into the custody of the person named or described in the order. 0000002555 00000 n (b)  a sentence, order or direction of a kind referred to in paragraph (17)(c) or (d). (1) This Act may be called the Transfer of Prisoners Act, 1950. (2)  Subject to this section, upon application made to the Attorney‑General by a prisoner upon whom a notice has been served under subsection (1), the Attorney‑General may, in his or her discretion, make an order declaring the prisoner to be an exempt prisoner. (c)  the Attorney‑General certifies in writing that it is desirable in the interests of the administration of justice that the prisoner be transferred from the State or Territory in which he or she is imprisoned to another State or Territory to stand trial for the charge or charges to which the warrant relates; the Attorney‑General may, either of his or her own motion or upon written request to do so being made to him or her by the prisoner, apply to a court of summary jurisdiction in the State or Territory in which the prisoner is imprisoned for an order for the transfer of the prisoner to that other State or Territory. (8)  For the purpose of determining, under subsection (1), whether a term of imprisonment to which a prisoner is sentenced in a State or Territory expires on a later day than the last day of any federal sentence, transferred sentence or translated sentence of the prisoner, a sentence of imprisonment for an indeterminate period shall be taken to expire on a later day than the last day of any sentence of imprisonment for a finite period. (ii)  who are transferred to that State in pursuance of a transfer order, a State order of transfer, or both. 7 Requests for, and order of, transfer. joint prisoner means a Commonwealth prisoner who, if he or she were not a federal prisoner or a Territory prisoner, would be a State prisoner. (1)  The Attorney‑General may make an order in writing for the transfer of: (a)  a prisoner serving a federal sentence of imprisonment in a prison of a State or Territory; or. transferred Territory sentence, in relation to a prisoner who is transferred from one State or Territory to another State or Territory in pursuance of a transfer order, means a sentence of imprisonment that, in accordance with subsection 18(1), is taken to have been imposed upon that prisoner under, and for an offence against, a law of the last‑mentioned State or Territory. (b)  of the provisions of a law of a Territory relating to the fixing of minimum terms of imprisonment to the transferred State sentence or transferred State sentences of a prisoner. (b)  shall not continue with the hearing of the proceeding except in the presence of the prisoner. (5)  A reference in this Act to a sentence shall be construed as including a reference to any direction or order given or made by the court imposing the sentence with respect to the commencement of the sentence. (d)  making provision for or in relation to the dissemination to Commonwealth prisoners of information concerning the operation of this Act, the Removal Acts and the State transfer laws. (1)  Where a prisoner is, in pursuance of a trial transfer order or a State order of transfer or both, transferred to a State or Territory to stand trial for a charge in respect of an offence against a law of the Commonwealth or of that State or Territory, the Attorney‑General shall, if: (a)  the Attorney‑General is satisfied that that charge and such other charges (if any) as have been laid against the prisoner (whether before or after the prisoner was so transferred): (i)  in respect of offences against laws of the Commonwealth that are triable in that State or Territory; or. (3)  Except as expressly provided, nothing in this section affects the application, in accordance with section 18: (a)  of the provisions of a law of a State or Territory relating to the fixing of minimum terms of imprisonment to the transferred Territory sentence or transferred Territory sentences of a prisoner; or. Contents . (4)  The reference in subsection (2) to the Governor of a State is, in respect of the Australian Capital Territory, a reference to the Governor‑General. Close family member 4A.Sentences of imprisonment imposed by military commissions of the United States of America 4B.Suspended sentences of imprisonment 5. (4)  The following persons upon whom a sentence of imprisonment has been imposed shall be taken, for the purposes of this Act, to have completed serving that sentence: (i)  who has been released from serving a part of that sentence on parole or upon licence to be at large; and. This compilation was prepared on 15 June 2011 taking into account amendments up to Act No. (1)  A court before which there are instituted: (a)  proceedings by way of appeal against, or review of, a conviction, judgment, sentence or minimum term of imprisonment made, imposed or fixed in relation to a person in respect of whom a transfer order has been made; or. Section 29 of the Prisoners Act, 1900, inter alia provides for the inter-State transfer of prisoners between the States in Part A, C and D of the First Schedule to the Constitution. (b)  shall deliver the prisoner into the custody of the Superintendent or other officer in charge of the prison specified in that order. This Act may be cited as the Prisons Act. 5. (b)  of the provisions of a law of a Territory relating to the reduction or remission of sentences or of minimum terms of imprisonment to the transferred State sentence or transferred State sentences of a prisoner. TRANSFER OF PRISONERS ACT 1983 TABLE OF PROVISIONS Long Title PART I--PRELIMINARY 1. (b)  the Attorney‑General makes that order; the Attorney‑General will make an order for the transfer of the prisoner from that State or Territory back to the State or Territory from which the prisoner has been transferred under section 16. means a law of another State that provides for the international transfer of prisoners; function. No. (a)  a prisoner fails to apply in accordance with a notice for an order declaring the prisoner to be an exempt prisoner; or. (c)  the prisoner has not been sentenced in that State or Territory to a term of imprisonment for an offence against a law of the Commonwealth or of that State or Territory that expires on a day later than the last day of any federal sentence, transferred sentence or translated sentence of the prisoner; the Attorney‑General shall serve a notice on the prisoner under subsection (2). means South Australia; War Crimes Tribunal (b)  in lieu of any period or periods of reduction or remission of a minimum term of imprisonment fixed in relation to the transferred State sentence or the transferred State sentences to which he or she would otherwise be entitled upon being so transferred—to a period or periods of reduction or remission of the minimum term of imprisonment fixed in relation to the transferred State sentence or transferred State sentences equivalent to the period or periods of reduction or remission applicable, immediately before he or she was so transferred, to the minimum terms of imprisonment fixed in relation to the sentence or sentences to which the transferred State sentence or the transferred State sentences is or are attributable. (c) in relation to a Territory, the local prisons authority for that Territory within the meaning of the Transfer of Prisoners Act 1983 of the Commonwealth;Northern Territory means the Northern Territory of Australia;order of transfer means an order issued under section 5, 13, 14, or 18 for the transfer of a prisoner to a participating State; Commencement 3. Accordingly, issues relating to the requirements for transfer, the transfer process and post-transfer considerations are explored in … (3)  Where an order under subsection (2) for the production of a prisoner is served on the Superintendent or officer to whom it is directed, the Superintendent or officer, as the case may be, shall: (a)  cause a copy of the order to be given to the prisoner forthwith; and. Administered by: Attorney-General's. endstream endobj 13 0 obj<> endobj 15 0 obj<> endobj 16 0 obj<>/Font<>/ProcSet[/PDF/Text]/ExtGState<>>> endobj 17 0 obj<> endobj 18 0 obj<> endobj 19 0 obj[/ICCBased 24 0 R] endobj 20 0 obj<> endobj 21 0 obj<> endobj 22 0 obj<> endobj 23 0 obj<>stream (ii)  any change in a matter material to the making of the trial transfer order; satisfied as to a matter referred to in a paragraph of subsection 10(4) or is satisfied that the warrant referred to in section 8 or 9, as the case requires, has been withdrawn or has expired; the court may, by order in writing served, at any time before the commencement of the execution of the trial transfer order, upon the Superintendent or other officer in charge of the prison in which the prisoner is detained, revoke the trial transfer order. 0 Transfer of Commonwealth prisoner on welfare grounds 7. 14 0 obj<>stream State includes the Australian Capital Territory and the Northern Territory. (a)  of any law of the Commonwealth (including this section) and of the provisions of any law of a State or Territory in relation to a transferred Territory sentence of a prisoner; or. (c)  as a result of the review, the Attorney‑General believes on reasonable grounds that, if he or she were now to consider the transfer of the prisoner or remand prisoner to the State or Territory, the order would not be made; the Attorney‑General may make an order in writing for the transfer of the prisoner or remand prisoner from that State or Territory back to: (d)  the State or Territory from which he or she has been transferred pursuant to that order; or. Territory means Norfolk Island, the Territory of Christmas Island, the Territory of Cocos (Keeling) Islands or the Jervis Bay Territory. S292). (a)  the Attorney‑General is not required to make an order under subsection (1) if: (i)  the Attorney‑General believes on reasonable grounds that it is essential in the interests of security that the order not be made; and, (ii)  the court that remanded the remand prisoner in custody orders that his or her detention may continue; and. Repatriation of Prisoners Act 1984 1984 CHAPTER 47. (ii)  in a case where the sentence of default imprisonment was imposed under a law of a State—to the appropriate Minister of that State. Commencement These regulations shall take effect on the coming into operation of the Prisoners (Interstate Transfer) Act 1983 1. 120, 1987; No. (7)  A return transfer order shall come into force on a day specified in the order, being a day not later than 7 days after it is made. Interpretation (1) In this Act— “agreement” includes a treaty which has been entered into with a for-eign State for the transfer of prisoners; “application” means an application by a person puruant to s section 4 9  Application for transfer to stand trial on charge in respect of offence against a law of a State, (a)  a warrant for the apprehension of a Commonwealth prisoner serving a federal, Territory or State sentence of imprisonment in a State or Territory has been issued in a State, being, in the case of a prisoner serving a sentence of imprisonment in a State, a State other than the State in which he or she is imprisoned; and, (b)  the warrant relates to a charge or charges in respect of an offence or offences against a law of the State in which the warrant was issued; and. (b)  unless and until a complementary State order of transfer corresponding to the transfer order is in force in respect of the person. 25 and 28: (see Gazette 1995, No. 26  Escape of prisoners from lawful custody. Prisoners (Interstate Transfer) Act 1982 “prison” means a prison as defined in the Corrective Services Act 2000. In this Act, except where the context otherwise requires— “aggravated prison offence” means an offence declared to be such by rules made under this Act; “appellant prisoner” means any convicted criminal prisoner who is detained in a prison as a result of a conviction which is the subject Where a Commonwealth prisoner is transferred, in pursuance of a transfer order, from a State or Territory to another State or Territory, then, in the application of the provisions of the law of that last‑mentioned State or Territory by virtue of section 19AA of the Crimes Act 1914, those provisions have effect upon his or her being so transferred as if he or she were entitled, upon his or her so being transferred: (a)  in lieu of any period or periods of reduction or remission of his or her federal sentence to which he or she would otherwise be entitled under that law in that application upon being so transferred—to a period or periods of reduction or remission of his or her federal sentence equivalent to the period or periods of reduction or remission of his or her sentence to which he or she was entitled under the law of the first‑mentioned State or Territory in its application, by virtue of that section of that Act, immediately before being so transferred; and. Regulations....................................................................................... 43, Notes                                                                                                                                             45, An Act to make provision for certain transfers of prisoners between the States and the Territories, and for related purposes. Production of prisoners before courts, etc. 0000002310 00000 n Application, saving or transitional provisions, Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001 (No. (d)  paragraph (1)(b) or (c) has ceased to apply in relation to the prisoner. federal prisoner means a person upon whom a federal sentence of imprisonment has been imposed. (2)  The Attorney‑General shall not make an application under subsection (1) for an order for the transfer of a prisoner imprisoned in one State to another State unless the Attorney‑General of that other State has consented, in writing, to the transfer. (3)  A reference in this section to the provisions of this Act includes a reference to the provisions of any other law of the Commonwealth or of any law of a State or Territory in their application for the purposes of this Act. An Act to make provision for the transfer of prisoners between Botswana and countries with which Botswana has entered into agreements for the transfer of prisoners; and for matters connected with or incidental to the foregoing. Be it enacted by Parliament as follows: - [The] Transfer of Prisoners Act, 1950 [Ss 1-3] 875 This Act as in force in the territories to which it generally extends, is 6. (3)  Where a person who is undergoing a sentence or sentences of imprisonment in any State or Territory is, in pursuance of an order under this section, produced in another State or Territory, he or she shall, while in that other State or Territory in compliance with that order, be deemed to be undergoing the first‑mentioned sentence or sentences of imprisonment, and the officer in whose custody he or she is has the same powers, in relation to the detention and disposition of that person, as the Superintendent or officer to whom the order was directed has in the first‑mentioned State or Territory. The Act has received the assent of the President of India on 12th day of April, 1950. 9 Repeated requests for transfer Insane or mentally disordered prisoners (b)  necessary or convenient to be prescribed for carrying out or giving effect to this Act; (c)  prescribing the manner in which notices and other documents under this Act may be given or served; and. Designation of countries. (6)  A delegation under subsection (4) by the appropriate Minister of a State does not prevent the exercise of a power by the appropriate Minister of that State. (5)  A power delegated under subsection (4) by the appropriate Minister of a State, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the appropriate Minister of that State. 73, 2008; No. (4)  In exercising his or her powers under subsection (2) to make an order declaring a prisoner to be an exempt prisoner, the Attorney‑General shall have regard to all matters that he or she considers relevant, including, but without limiting the generality of the foregoing: (5)  Where a prisoner upon whom a notice has been served under subsection (1) is, at the time when the notice is served upon him or her, serving a sentence of imprisonment in a State, the Attorney‑General shall not make an order declaring that prisoner to be an exempt prisoner unless the appropriate Minister of that State has consented in writing to the making of that order. (a)  the Attorney‑General must not make an order under subsection (1) if the Attorney‑General believes on reasonable grounds that it is contrary to the interests of security; and, (b)  this section does not apply in relation to the appearance of a remand prisoner in proceedings for the offence with which he or she is charged and for which he or she has been remanded in custody; and. 2 of Part III.............................. S. 14.................................... S. 15.................................... S. 16.................................... am.

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