New South Wales Consolidated Acts

CRIMES (ADMINISTRATION OF SENTENCES) ACT 1999 - SECT 255A

255A Approvals for the purposes of the Mutual Assistance in Criminal Matters Act 1987 of the Commonwealth

(1) The relevant officer may, at the request of the Commonwealth Attorney-General, grant approval, by order in writing, for an offender to travel to a foreign country--

(a) for the purpose of giving evidence at a proceeding relating to a criminal matter, as referred to in section 26 of the Commonwealth Act, or

(b) for the purpose of giving assistance in relation to an investigation relating to a criminal matter, as referred to in section 27 of the Commonwealth Act,

and may give such directions as are necessary in that regard.

(2) An approval under this section is subject to such conditions as are prescribed by the regulations and to such other conditions (not inconsistent with those prescribed by the regulations) as the relevant officer may specify in the approval.

(3) While an approval is in force under this section, the offender to whom the approval relates--

(a) is authorised to be absent from custody (other than custody referred to in section 26 (1) (e) (iii) or 27 (1) (e) (iii) of the Commonwealth Act) in relation to any period during which the offender would, but for the approval, be required to be in custody, and

(b) is exempt from such other requirements imposed by or under this or any other Act as would, but for the approval, prevent the offender from travelling to the foreign country concerned for the purpose set out in the Commonwealth Attorney-General's request.

Note : Restrictions may nevertheless be imposed on an offender who is subject to an approval under this section by means of regulations made under section 79, 93 or 106ZA or conditions imposed under section 103 or 128.

(4) In this section--

"relevant officer" means--

(a) in relation to an offender who is on release on parole--the Parole Authority, and

(b) in any other case--the Commissioner.

"the Commonwealth Act" means the Mutual Assistance in Criminal Matters Act 1987 of the Commonwealth.