Prisoners (Interstate Transfer) Regulation 2024 (2024-364) (NSW)

Prisoners (Interstate Transfer) Regulation 2024

1 Name of regulation This regulation is the Prisoners (Interstate Transfer) Regulation 2024.

2 Commencement This regulation commences on the day on which it is published on the NSW legislation website.

Note— This regulation repeals and replaces the Prisoners (Interstate Transfer) Regulation 2019, which would otherwise be repealed on 1 September 2024 by the Subordinate Legislation Act 1989, section 10(2).

3 Definitions In this regulation— Commissioner has the same meaning as in the Crimes (Administration of Sentences) Act 1999. Department means the department in which the Act is administered. the Act means the Prisoners (Interstate Transfer) Act 1982.

Note— The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.

4 Consent to transfer prisoner to participating State—the Act, s 13 For the Act, section 13(2), the following are prescribed officers— (a) the Secretary of the Department, (b) the General Counsel of the Department.

5 Certification of documents—the Act, s 26 (1) For the Act, section 26(2), a copy is certified if the copy includes the following— (a) a statement by the Commissioner, or an officer of Corrective Services NSW authorised by the Commissioner to certify the copy, that the copy is a true and accurate copy of the original order or document, (b) the name and position of the person certifying the copy, (c) the person's signature. (2) In this section— Corrective Services NSW has the same meaning as in the Crimes (Administration of Sentences) Act 1999.

6 Application for revocation of order of transfer—the Act, s 34 The following offices and positions are prescribed— (a) the Attorney General, (b) the Minister, (c) the Commissioner, (d) the Director of Public Prosecutions.