Prisoners (Interstate Transfer) Act 1982 (Tas)

Prisoners (Interstate Transfer) Act 1982

An Act providing for the transfer interstate of prisoners and for related purposes [Royal Assent 30 November 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 I - Preliminary

1. Short title This Act may be cited as the Prisoners (Interstate Transfer) Act 1982 .

2. Commencement (1) This section and section 1 shall commence on the date on which this Act receives the Royal Assent. (2) Except as provided in subsection (1) , the several provisions of this Act shall commence on such day or days as may be fixed by proclamation.

3. Interpretation (1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires – arrest warrant means a warrant to apprehend, a warrant to arrest, or a warrant to commit a person to prison, but does not include – (a) such a warrant, where the term of imprisonment which the person to be apprehended, arrested, or committed under the warrant is liable to serve is default imprisonment; or (b) a warrant to secure the attendance of a witness at or in connection with any legal proceedings; Attorney-General, in relation to the Northern Territory, means the person holding Ministerial office under section 36 of the Northern Territory (Self-Government) Act 1978 of the Commonwealth who is, under that Act, designated for the time being as the holder of the office of Attorney-General; Commonwealth sentence of imprisonment means a sentence of imprisonment for an offence against a law of the Commonwealth or of a Territory; corresponding court of Tasmania, in relation to a court of a participating State, means a court of Tasmania that is, under an order in force under section 4 (1) , declared to be a corresponding court in relation to the court of the participating State; corresponding Minister, in relation to a participating State, means the Minister of that State who is responsible for the administration of the interstate law of that State; court of petty sessions means a court of petty sessions constituted by a magistrate sitting alone; default imprisonment means imprisonment in default of – (a) payment of any fine, penalty, costs, or other sum of money of any kind imposed or ordered to be paid by any court, judge, or justice; or (b) entering into a recognizance to keep the peace or to be of good behaviour; gaoler, in relation to a prison, means the person who, under the Corrections Act 1997 , is the correctional officer in charge of the prison; indeterminate sentence means a sentence of, or order or direction for, imprisonment or detention for life or during the pleasure of the Sovereign or during the pleasure of the Governor-General, the Governor or the Governor of a participating State, and includes such a sentence, order, or direction imposed, made or given by, or by the operation of, an Act or other law; interstate law means a law that, under an order in force under section 4 (1) , is declared to be an interstate law for the purposes of this Act; joint prisoner means a person upon whom both a Commonwealth sentence of imprisonment has been imposed and any one of the following sentences of imprisonment has been imposed: (a) a State sentence of imprisonment; (b) a State sentence of imprisonment as defined by an interstate law; (c) an ACT sentence of imprisonment as defined by the Prisoners (Interstate Transfer) Act 1993 of the Australian Capital Territory; (d) a Territory sentence of imprisonment as defined by the Prisoners (Interstate Transfer) Act of the Northern Territory; local prisons authority means – (a) in relation to Tasmania, the Director of Corrective Services appointed under the Corrections Act 1997 ; or (b) in relation to a participating State other than Tasmania, the local prisons authority for that State within the meaning of the interstate law of that State; or (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; participating State means a State in which an interstate law is in force; prison means a prison as defined in section 3 of the Corrections Act 1997 ; prison officer means a person who is a correctional officer under the Corrections Act 1997 ; prisoner means a State prisoner or a joint prisoner; relevant security, in relation to a person, means a security given by the person, with or without sureties, by recognizance or otherwise, that the person will comply with conditions relating to the person's behaviour; remission regulations means the regulations made under the Corrections Act 1997 relating to the remission of portions of State sentences of imprisonment; sentence of imprisonment means – (a) a State sentence of imprisonment; or (b) a State sentence of imprisonment as defined by an interstate law; or (c) an ACT sentence of imprisonment as defined by the Prisoners (Interstate Transfer) Act 1993 of the Australian Capital Territory; or (d) a Territory sentence of imprisonment as defined by the Prisoners (Interstate Transfer) Act of the Northern Territory; or (e) where relevant, a Commonwealth sentence of imprisonment; State includes the Australian Capital Territory and the Northern Territory; State prisoner means a person upon whom a State sentence of imprisonment has been imposed, but does not include a person upon whom a Commonwealth sentence of imprisonment has been imposed; State sentence of imprisonment means a sentence of imprisonment for an offence against a law of Tasmania, including a sentence of penal servitude, a sentence by which default imprisonment is ordered, an indeterminate sentence and a translated sentence, but not including such a sentence while it is being served in a detention centre, within the meaning of the Youth Justice Act 1997 , or a sentence of detention under that Act or any other Act relating to the punishment of persons who committed offences when they were under the age of 18 years; Territory means the Territory of Norfolk Island, the Territory of Christmas Island, the Territory of Cocos (Keeling) Islands or the Jervis Bay Territory; translated sentence means a sentence of imprisonment deemed by section 25 to have been imposed on a person by a court of Tasmania. (2) Where a justice of a participating State, in the exercise of his powers, issues a warrant of commitment while not constituting a court, the sentence of imprisonment imposed by the warrant shall, for the purposes of this Act, be deemed to have been imposed by a court. (3) For the purposes of this Act, a sentence of imprisonment imposed, or originally imposed, by, or by the operation of, an Act or other law of a State or Territory shall, except as prescribed by regulations under this Act, be deemed to have been imposed, or originally imposed, by a court of that State or Territory. (4) A reference in this Act to the Governor of a participating State includes a reference – (a) in the case of a State other than the Northern Territory – to any person exercising and performing all the powers and functions of the Governor of that State; and (b) in the case of the Northern Territory – to the Administrator of the Northern Territory, and to any person exercising and performing all the powers and functions of the Administrator of the Northern Territory. (5) In the case of a State other than the Australian Capital Territory or the Northern Territory, a reference in this Act to the Governor of a participating State includes a reference to any person exercising and performing all the powers and functions of the Governor of that State. (5A) In the case of the Australian Capital Territory – (a) the reference in section 26(5) to the Governor of a participating State is a reference to the Governor-General; and (b) the references in section 26(6)(b) to the Governor of a participating State are references to the Governor-General or to the Executive within the meaning of the Australian Capital Territory (Self-Government) Act 1988 of the Commonwealth. (5B) In the case of the Northern Territory, a reference in this Act to the Governor of a participating State is a reference to the Administrator of the Northern Territory, and includes a reference to any person exercising and performing all the powers and functions of the Administrator. (5C) A reference in this Act to the Governor-General includes a reference to any person exercising and performing all the powers and functions of the Governor-General. (6) 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: (a) a person – (i) who has been released from serving a part of that sentence on parole or upon licence to be at large; and (ii) in respect of whom action can no longer be taken under a law of the Commonwealth, a State, or a Territory by way of requiring the person to serve the whole or a part of the remainder of that sentence; (b) a person – (i) who has been released from serving the whole or a part of that sentence upon giving a relevant security; and (ii) in relation to whom – (A) action can no longer be taken under a law of the Commonwealth, a State, or a Territory in respect of a breach of a condition of that security; or (B) action cannot, by reason of the expiration of the security, be taken under a law of the Commonwealth, a State, or a Territory by way of requiring the person to serve the whole or a part of that sentence; (c) a person who, as the result of the exercise of the royal prerogative of mercy, is no longer required to serve the whole or a part of that sentence. (7) A reference in this Act to release on parole includes a reference to release on probation and to any other form of conditional release in the nature of parole.