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REMOVAL OF PRISONERS (TERRITORIES) ACT 1923 - SECT 14

Regulations

    The Governor - General may make regulations, not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed, for giving effect to this Act, and in particular for providing for:

  (a)   the removal, return and discharge of prisoners and criminal lunatics under this Act; and

  (b)   varying the conditions of a sentence of imprisonment passed in a Territory, where those conditions differ from the conditions of a sentence of imprisonment in the State or Territory to which the prisoner is removed, with a view to bringing them into conformity with the latter conditions:

Provided that no such variation shall increase the term of the sentence of imprisonment.

Notes to the Removal of Prisoners (Territories) Act 1923

Note 1

The Removal of Prisoners (Territories) Act 1923 as shown in this compilation comprises Act No.   14, 1923 amended as indicated in the Tables below.

Table of Acts

Act

Number
and year

Date
of Assent

Date of commencement

Application, saving or transitional provisions

Removal of Prisoners (Territories) Act 1923

14, 1923

1 Sept 1923

1 Sept 1923

 

Removal of Prisoners (Territories) Act 1935

11, 1936

27   May 1936

27   May 1936

--

Statute Law Revision Act 1950

80, 1950

16 Dec 1950

31 Dec 1950

Ss. 16 and 17

Removal of Prisoners (Territories) Act 1957

2, 1957

15 Apr 1957

15 Apr 1957

--

Removal of Prisoners (Territories) Act 1962

69, 1962

24 Nov 1962

22 Dec 1962

--

Removal of Prisoners (Territories) Act 1968

9, 1968

8   May 1968

8   May 1968

--

Statute Law Revision Act 1973

216, 1973

19 Dec 1973

31 Dec 1973

Ss. 9(1) and 10

Administrative Changes (Consequential Provisions) Act 1976

91, 1976

20 Sept 1976

20 Sept 1976 : (a)

S. 4

Administrative Changes (Consequential Provisions) Act 1978

36, 1978

12   June 1978

12   June 1978

S. 8

Australian Federal Police (Consequential Amendments) Act 1979

155, 1979

28 Nov 1979

19 Oct 1979 : ( see s. 2 and Gazette 1979, No. S206)

--

Australian Federal Police (Consequential Amendments) Act 1980

70, 1980

28   May 1980

28   May 1980

--

Transfer of Prisoners (Consequential Amendments) Act 1983

96, 1983

22 Nov 1983

Ss. 1, 2 and 6: Royal Assent
Ss. 3 - 5 and 8: 1 Aug 1984 ( see s. 2(2) and Gazette 1984, No. S292)
Ss. 7 and 9: 12   June 1985 ( see Gazette 1985, No. S199)

S. 7(2)

Statute Law (Miscellaneous Provisions) Act (No.   2) 1985

193, 1985

16 Dec 1985

S. 3: Royal Assent (b)

S. 16

Crimes Legislation Amendment Act 1987

120, 1987

16 Dec 1987

Part   II (ss. 3 - 9) , Parts VI, VII (ss. 30- 33), ss. 34 - 46, 48 - 50, Part   IX (ss. 51, 52), 53 - 55 and 59: Royal Assent
Ss. 11, 14, 74 and 75: 1 Mar 1989 ( see Gazette 1989, No. S54)
Ss. 16 - 18, 69(b) and 70 - 73: 19 Dec 1988 ( see Gazette 1988, No. S384)
S. 47: 1 Jan 1990 ( see Gazette 1989, No. S359)
Ss. 56 - 58: 16 Dec 1987 ( see s. 2(4))
Ss. 60 - 67: 1 Sept 1988 ( see s. 2(5) and Gazette 1988, No. S256)
Remainder: 13 Jan 1988

--

Statute Law (Miscellaneous Provisions) Act 1987

141, 1987

18 Dec 1987

S. 3: Royal Assent (c)

S. 5(1), (18) and (19)

Statute Law (Miscellaneous Provisions) Act 1988

38, 1988

3   June 1988

S. 3: Royal Assent (d)

S. 5(1)

Statute Law Revision Act 2008

73, 2008

3 July 2008

Schedule 1: (items 38-40): Royal Assent
Schedule 4 (items 440-442): 4 July 2008

--

(a)   The Removal of Prisoners (Territories) Act 1923 was amended by section   3 only of the Administrative Changes (Consequential Provisions) Act 1976 , subsection 2(7) of which provides as follows:

  (7)   The amendments of each other Act specified in the Schedule made by this Act shall be deemed to have come into operation on 22   December 1975 .

(b)   The Removal of Prisoners (Territories) Act 1923 was amended by section   3 only of the Statute Law (Miscellaneous Provisions) Act (No.   2) 1985 , subsection 2(1) of which provides as follows:

  (1)   Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.

(c)   The Removal of Prisoners (Territories) Act 1923 was amended by section   3 only of the Statute Law (Miscellaneous Provisions) Act 1987 , subsection 2(1) of which provides as follows:

  (1)   Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.

(d)   The Removal of Prisoners (Territories) Act 1923 was amended by section   3 only of the Statute Law (Miscellaneous Provisions) Act 1988 , subsection 2(1) of which provides as follows:

  (1)   Subject to this section, this Act commences on the day on which it receives the Royal Assent.

  See, in connexion with the removal of prisoners from Christmas Island and the application of this Act to Christmas Island , section   18 of the Christmas Island Act 1958 . In respect of the Australian Capital Territory see Removal of Prisoners ( Australian Capital Territory ) Act 1968 .

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

S. 2 ....................

am. No.   80, 1950; No.   69, 1962; No.   216, 1973; No.   155, 1979; No.   70, 1980; No. 73, 2008

S. 2A ...................

ad. No.   2, 1957

S. 3 ....................

am. No.   69, 1962; No.   96, 1983; No. 73, 2008

Ss. 4 - 6 .................

am. No. 73, 2008

S. 7 ....................

rep. No.   120, 1987

Ss. 7A, 7B ...............

ad. No.   141, 1987

S. 8 ....................

am. No.   11, 1936; No.   69, 1962; No. 73, 2008

S. 8AA .................

ad. No.   96, 1983

 

rs. No.   193, 1985

S. 8A ...................

ad. No.   69, 1982

 

am. No.   9, 1968; No.   91, 1 976; No.   36, 1978; No.   38, 1988; No. 73, 2008

S. 9 ....................

am. No.   69, 1962; No. 73, 2008

S. 10 ...................

am. No. 73, 2008

S. 10A ..................

ad. No.   69, 1962

 

am. No.   9, 1968; No.   91, 1 976; No.   36, 1978; No.   38, 1988 ; No. 73, 2008

Ss. 11 - 13 ...............

am. No.   69, 1962 ; No. 73, 2008

Note 2

S. 2A--By order published in the Gazette on 25   July 1957 it was declared that, for the purposes of the application of this Act in relation to the Territory of Cocos (Keeling) Islands, the office of Official Representative in that Territory be substituted for the office of Administrator.

By order published in the Gazette on 23   October 1958 it was declared that, for the purposes of the application of this Act in relation to the Territory of Christmas Island, the office of Official Representative in that Territory be substituted for the office of Administrator.

 



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