Removal of Prisoners Act 2004 (NI)

Removal of Prisoners Act 2004

No. 20, 2004

Compilation No. 2

Compilation date: 29 November 2022

Includes amendments up to: Norfolk Island Continued Laws Ordinance 2015 (No. 2, 2015) as amended up to Norfolk Island Continued Laws Amendment (Removal of Prisoners) Ordinance 2022 (F2022L01531) Note: The formatting of this compilation was updated in 2022 to align with current formatting practices.

Contents 1 Short title 2 Commencement 3 Interpretation for Act 4 Imprisonment may be served in State 5 Removal to, or detention in, State 6 Escaping from custody 7 Arrest of prisoner unlawfully at large 8 Return of persons to Norfolk Island 9 Relationship between this Act and Transfer of Prisoners Act 1983 (Clth) 10 Application of Removal of Prisoners (Territories) Act 1923 (Clth) 11 Application of Act to persons in custody, etc at commencement of Act 12 Evidence 13 Saving of certain laws 14 Approved forms 15 Regulation-making power Endnotes Removal of Prisoners Act 2004

An Act relating to the removal from Norfolk Island to prisons in New South Wales and Queensland of prisoners and certain other persons, and for other purposes

1 Short title This Act may be cited as the Removal of Prisoners Act 2004.

2 Commencement This Act commences on the day on which notification of its assent is published in the Gazette.

3 Interpretation for Act (1) In this Act— authorised person means— (a) a magistrate; or (b) the registrar or a deputy registrar of the Supreme Court or the Court of Petty Sessions; or (c) a sheriff, registrar, deputy registrar, district registrar, or similar officer, of a federal court. constable means a member or special member of the Australian Federal Police, and includes— (a) a member of the Norfolk Island Police Force; and (b) in section 7—a member of the police force of a State or Territory. court means— (a) a federal court; or (b) the Supreme Court; or (c) the Court of Petty Sessions; or (d) any other court that has, or has had, jurisdiction in respect of Norfolk Island or a part of Norfolk Island. magistrate means a magistrate and in section 7, includes— (a) a chief, police, stipendiary, resident or special magistrate of a State or Territory; or (b) any other magistrate of a State or Territory in respect of whose office an annual salary is payable. order includes direction. prison includes any place that is, or was at the relevant time, a prison for the purposes of the law of the State. State means New South Wales or Queensland (as the case may be). (3) For this Act, a reference to the making of an order by a court includes a reference to the issue by a court or a magistrate of a warrant remanding or committing a person to prison or to some gaol, lockup or other place of security, and a reference in this Act to an order shall be construed accordingly.