Prisoners International Transfer (Queensland) Act 1997 (Qld)

Prisoners International Transfer (Queensland) Act 1997

An Act relating to the transfer of prisoners to and from Australia

Part 1 Preliminary

1 Short title This Act may be cited as the Prisoners International Transfer (Queensland) Act 1997.

2 Commencement This Act commences on a day to be fixed by proclamation.

3 Object of Act The object of this Act is to give effect to the scheme for the international transfer of prisoners set out in the Commonwealth Act by enabling prisoners to be transferred to and from this jurisdiction under the scheme.

4 State bound This Act binds the State.

5 Dictionary The dictionary in the schedule defines words used in this Act.

Part 2 Conferral of functions

6 Functions of Minister (1) A Minister of this jurisdiction may perform any function conferred or expressed to be conferred on the Minister under the Commonwealth Act. (2) The Minister may delegate a function mentioned in subsection (1) to the chief executive or an appropriately qualified person who is an officer of the department. (3) For subsection (2), the Minister may delegate all necessary power under the Acts Interpretation Act 1954, section 27A. (4) In this section— appropriately qualified, of a person, includes having the qualifications, experience or standing to perform the function. Example of standing— A person's classification level in the entity in which the person is employed.

7 Functions of prison officers, police officers and others (1) A prison officer, police officer or another official of this jurisdiction may perform any function conferred or expressed to be conferred on the official under— (a) the Commonwealth Act or a corresponding law; or (b) an arrangement mentioned in section 8. Editor's 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 the Commonwealth Act requiring a prison officer, police officer or other person to escort a prisoner who is being transferred. A police officer of this jurisdiction may arrest a person escaping from custody under section 56 of the Commonwealth Act. (2) It is lawful for a prison officer, police officer or another official of this jurisdiction— (a) to hold and deal with a prisoner under the terms of a warrant issued under the Commonwealth Act for the prisoner; and (b) to take any action in relation to a prisoner transferred, or to be transferred, to or from Australia under the Commonwealth Act that the official is authorised to take under that Act.