Commonwealth Consolidated Acts Commonwealth Consolidated ActsNo. 75, 1997
Compilation No. 10
Compilation date: 14 September 2023
Includes amendments up to: Act No. 63, 2023
Registered: 18 September 2023
About this compilation
This compilation
This is a compilation of the International Transfer of Prisoners Act 1997 that shows the text of the law as amended and in force on 14 September 2023 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1--Preliminary
1 Short title
2 Commencement
3 Objects of Act
4 Definitions
4AA Close family member
4A Sentences of imprisonment imposed by military commissions of the United States of America
4B Suspended sentences of imprisonment
5 Appropriate Ministerial consent to transfer
6 Prisoner's and prisoner's representative's consent to transfer
7 Extension to external Territories
8 Application of Act to transfer countries
9 Act to bind Crown
Part 2--Transfers generally
10 When may a prisoner (other than a Tribunal prisoner) be transferred?
10A Decisions by the Attorney-General about transfers
11 When may a Tribunal prisoner be transferred?
12 Eligibility for transfer from Australia of prisoners (other than Tribunal prisoners)
13 Eligibility for transfer to Australia of prisoners (other than Tribunal prisoners)
14 Transfer conditions--transfer from Australia
15 Transfer conditions--transfer to Australia
Part 3--Transfers from Australia
16 Applications for transfer from Australia
18 Asking the transfer country to consent to the transfer
19 Decision by the Attorney-General to refuse consent to transfer from Australia
20 Governmental consent to transfer from Australia
21 Issue of warrant for transfer from Australia
22 Warrants for transfer from Australia
23 Cancellation of warrant for transfer from Australia
Part 4--Transfers to Australia of prisoners from transfer countries
24 Transfer request from outside Australia
24A Decision by the Attorney-General to refuse consent to transfer to Australia
25 Information to accompany request
26 Enforcement of foreign sentence
27 Governmental consent to transfer to Australia
28 Transfer country's consent to transfer
29 Issue of warrant for transfer to Australia
30 Warrants for transfer to Australia
31 Cancellation of warrant
32 Effect of warrant on prisoner's sentence
Part 5--Transfer to Australia of Tribunal prisoners
33 Transfer request from a Tribunal
33A Decision by the Attorney-General to refuse consent to transfer of Tribunal prisoner to Australia
34 Information to accompany request
35 Enforcement of Tribunal sentence of imprisonment
36 Governmental consent to transfer to Australia
37 Formal consent to transfer
38 Issue of warrant for transfer to Australia
39 Warrants for transfer to Australia
40 Cancellation of warrant
41 Effect of warrant on Tribunal prisoner's sentence
Part 6--Enforcement of sentences
42 Sentence enforcement in Australia
43 Duration and nature of enforced sentence
44 Directions concerning enforcement of sentence
45 Appeal and review of sentences of imprisonment imposed by transfer country or Tribunal and sentence enforcement decisions of Attorney -General
46 Prisoner transferred to Australia taken to be federal prisoner
47 Prisoner transferred from Australia taken to be prisoner of transfer country
48 Pardon, amnesty or commutation of sentences of imprisonment--prisoners transferred from Australia
49 Pardon, amnesty or commutation of sentences of imprisonment--prisoners transferred to Australia
Part 7--Miscellaneous
50 Arrangements with States and Territories
51 Recovery of costs and expenses of transfer
52 Prisoner and prisoner's representative to be kept informed
53 Delegation
54 Notification of countries as transfer countries
55 Transit of prisoners
56 Arrest of persons escaping from custody
56A Aiding persons to escape etc.
57 Consent of the Immigration Minister
58 Regulations
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Endnote 5--Editorial changes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
75, 1997 | 18 June 1997 | s 1 and 2: 18 June 1997 (s 2(1)) |
| |
Public Employment (Consequential and Transitional) Amendment Act 1999 | 146, 1999 | 11 Nov 1999 | Sch 1 (item 551): 5 June 2002 (s 2(4)) | -- |
Crimes Legislation Amendment (People Smuggling, Firearms Trafficking and Other Measures) Act 2002 | 141, 2002 | 19 Dec 2002 | Sch 3 (items 24-26): 16 Jan 2003 (s 2(1) item 5) | -- |
19, 2004 | 23 Mar 2004 | 23 Mar 2004 (s 2) | Sch 1 (item 5) | |
139, 2010 | 10 Dec 2010 | Sch 1 (items 72-74): 11 Dec 2010 (s 2(1) item 2) | -- | |
Law and Justice Legislation Amendment (Identity Crimes and Other Measures) Act 2011 | 3, 2011 | 2 Mar 2011 | Sch 2 (item 24): 3 Mar 2011 (s 2(1) item 4) | -- |
5, 2011 | 22 Mar 2011 | Sch 7 (item 80): 19 Apr 2011 (s 2(1) item 18) | -- | |
74, 2013 | 28 June 2013 | Sch 5 (items 1-6, 15): 29 June 2013 (s 2(1) item 7) | Sch 5 (item 15) | |
Crimes Legislation Amendment (Psychoactive Substances and Other Measures) Act 2015 | 12, 2015 | 5 Mar 2015 | Sch 3: 5 Sept 2015 (s 2(1) item 4) | Sch 3 (items 42, 43) |
59, 2015 | 26 May 2015 | Sch 1 (item 141): 18 June 2015 (s 2(1) item 2) | Sch 1 (items 184-203) | |
63, 2023 | 13 Sept 2023 | Sch 6: 14 Sept 2023 (s 2(1) item 6) | Sch 6 (item 11) |
Provision affected | How affected |
Part 1 |
|
s 4..................... | am No 141, 2002; No 19, 2004; No 139, 2010; No 74, 2013; No 12, 2015; No 59, 2015 |
| ed C10 |
s 4AA................... | ad No 12, 2015 |
s 4A.................... | ad No 19, 2004 |
s 4B.................... | ad No 12, 2015 |
s 6..................... | am No 12, 2015 |
s 8..................... | am No 19, 2004 |
Part 2 |
|
s 10A................... | ad No 12, 2015 |
s 13.................... | am No 141, 2002 |
s 14.................... | am No 12, 2015 |
s 15.................... | am No 12, 2015 |
Part 3 |
|
s 16.................... | am No 12, 2015 |
s 17.................... | rs No 12, 2015 |
| rep No 63, 2023 |
s 18.................... | rs No 12, 2015 |
s 19.................... | rep No 12, 2015 |
| ad No 63, 2023 |
s 20.................... | am No 12, 2015; No 63, 2023 |
s 21.................... | am No 63, 2023 |
s 22.................... | am No 12, 2015 |
Part 4 |
|
s 24.................... | am No 12, 2015 |
s 24A................... | ad No 63, 2023 |
s 27.................... | am No 12, 2015 |
s 28.................... | rs No 12, 2015 |
| am No 63, 2023 |
s 30.................... | am No 12, 2015 |
Part 5 |
|
s 33A................... | ad No 63, 2023 |
Part 6 |
|
s 46.................... | am No 12, 2015 |
Part 7 |
|
s 52.................... | rs No 12, 2015 |
s 53.................... | am No 146, 1999; No 5, 2011; No 12, 2015 |
s 56A................... | ad No 3, 2011 |
s 57.................... | rs No 141, 2002 |
In preparing this compilation for registration, the following kinds of editorial change(s) were made under the Legislation Act 2003.
Subsection 4(1)
Kind of editorial change
Reordering of definitions
Details of editorial change
This compilation was editorially changed to move the definition of prison officer in subsection 4(1) to the correct alphabetical position.