Australian Capital Territory Repealed Acts

This legislation has been repealed.

REMOVAL OF PRISONERS ACT 1968 - NOTES

Endnotes

1     About the endnotes

Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.

Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.

Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.

If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.

The endnotes also include a table of earlier republications.

2     Abbreviation key

am = amended	ord = ordinance
amdt = amendment	orig = original
ch = chapter	par = paragraph/subparagraph
def = definition	pres = present
dict = dictionary	prev = previous
disallowed = disallowed by the Legislative	(prev...) = previously
Assembly	pt = part
div = division	r = rule/subrule
exp = expires/expired	renum = renumbered
Gaz = gazette	reloc = relocated
hdg = heading	R[X] = Republication No
IA = Interpretation Act 1967	RI = reissue
ins = inserted/added	s = section/subsection
LA = Legislation Act 2001	sch = schedule
LR = legislation register	sdiv = subdivision
LRA = Legislation (Republication) Act 1996	sub = substituted
mod = modified/modification	SL = Subordinate Law
o = order	underlining = whole or part not commenced
om = omitted/repealed	or to be expired

3     Legislation history

This Act was originally a Commonwealth Act—the Removal of Prisoners (Australian Capital Territory) Act 1968 No 82 (Cwlth).

The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (2) converted some Commonwealth Acts in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 11 May 1989 (self-government day).

It was renamed the Removal of Prisoners Act 1968 by the Statute Law Revision (Miscellaneous Provisions) Act 1992 A1992-23 sch 1.

    Commonwealth legislation

Removal of Prisoners Act 1968 No 82

assented 12 November 1968

commenced 12 November 1968

Statute Law Revision Act 1973 No 216 sch 1

assented 19 December 1973

commenced 31 December 1973 (s 2)

Australian Federal Police (Consequential Amendments) Act 1979 No 155 sch

assented 28 November 1979

commenced 19 October 1979 (see s 2 (1) and Cwlth Gaz No S206)

Australian Federal Police (Consequential Amendments) Act 1980 No 70 sch

assented 28 May 1980

commenced 28 May 1980 (s 2)

Statute Law (Miscellaneous Amendments) Act (No 2) 1982 No 80 pt 64

assented 22 September 1982

pt 64 commenced 16 December 1985 (see 2 (6))

Transfer of Prisoners (Consequential Amendments) Act 1983 No 96

assented 22 November 1983

s 1, s 2 and s 6 commenced 22 November 1983

ss 3-5 and s 8 commenced 1 August 1984 (s 2 (2)

remainder commenced 12 June 1985 (see Cwlth Gaz 1985 No S199)

Statute Law (Miscellaneous Provisions) Act (No 1) 1985 No 65 sch 1

assented 5 June 1985

amdts commenced 1 February 1986 (see s 2 (41) and Cwlth Gaz 1986 No S27)

Statute Law (Miscellaneous Provisions) Act (No 2) 1985 No 193 sch 1

assented 16 December 1985

amdts commenced 16 December 1985 (s 2 (1))

Statute Law (Miscellaneous Provisions) Act (No 2) 1986 No 168 sch 1

assented 18 December 1985

amdts commenced 18 December 1985 (s 2 (1))

Crimes Legislation Amendment Act 1987 No 120 s 74

assented 16 December 1987

s 74 commenced 1 March 1989 (see s 2 (1) and Gaz No S54)

Statute Law (Miscellaneous Provisions) Act 1987 No 141 sch 1

assented 18 December 1987

amdts commenced 18 December 1987 (s 2 (1))

    Legislation after self-government

Statute Law Revision (Miscellaneous Provisions) Act 1992 No 23 sch 1

notified 4 June 1992 (Gaz 1992 No S71)

commenced 4 June 1992

Public Sector Management (Consequential and Transitional Provisions) Act 1994 No 38 sch 1 pt 70

notified 30 June 1994 (Gaz 1994 No S121)

s 1, s 2 commenced 30 June 1994 (s 2 (1))

sch 1 pt 70 commenced 1 July 1994 (see s 2 (2) and Gaz 1994 No S142)

Mental Health (Consequential Provisions) Act 1994 No 45 s 33

notified 7 September 1994 (Gaz 1994 No S177)

s 1, s 2 commenced 7 September 1994 (s 2 (1))

s 33 commenced 6 February 1995 (see s 2 (2) and Gaz 1995 No S33)

Remand Centres (Amendment) Act 1995 No 40 s 6

notified 7 November 1995 (Gaz 1995 No S274)

s 1, s 2 commenced 7 November 1995

s 6 commenced 7 May 1996 (s 2 (3))

Remand Centres (Amendment) Act (No 2) 1996 No 81 s 8

notified 20 December 1996 (Gaz 1996 No S328)

ss 1-3 commenced 20 December 1996 (s 2 (1))

s 8 commenced 1 January 1997 (see s 2 (2) and Gaz 1996 No S353)

Custodial Escorts (Consequential Provisions) Act 1998 No 67 pt 12

notified 23 December 1998 (Gaz 1998 No S212)

s 1, s 2 commenced 23 December 1998 (s 2 (1))

pt 12 commenced 23 December 1998 (see s 2 (2) and Gaz 1998 No 51)

Legislation (Consequential Amendments) Act 2001 No 44 pt 330

notified 26 July 2001 (Gaz 2001 No 30)

s 1, s 2 commenced 26 July 2001 (IA s 10B)

pt 330 commenced 12 September 2001 (s 2 and Gaz 2001 No S65)

Rehabilitation of Offenders (Interim) Act 2001 No 82 sch 1 pt 1.7 (as am by Act 2002 No 1)

notified 10 September 2001 (Gaz 2001 No S66)

s 1, s 2 commenced 10 September 2001 (IA s 10B)

sch 1 pt 1.7 commenced 24 September 2001 (s 2 and CN 2001 No 4)

Rehabilitation of Offenders (Interim) Amendment Act 2002 No 1

notified LR 26 February 2002

s 1, s 2 commenced 26 February 2002 (LA s 75)

s 5 commenced 27 February 2002 (s 2 (2))

remainder taken to have commenced 23 September 2001 (s 2 (1))

Note     This Act only amends the Rehabilitation of Offenders (Interim) Act 2001 No 82.

as repealed by

Sentencing Legislation Amendment Act 2006 A2006-23 s 6 (1)

notified LR 18 May 2006

s 1, s 2 commenced 18 May 2006 (LA s 75 (1))

s 6 (1) commenced 2 June 2006 (s 2 (1) and see Crimes (Sentence Administration) Act 2005 A2005-59 s 2, Crimes (Sentencing) Act 2005 A2005-58, s 2 and LA s 79)

4     Amendment history

In this table Acts for 1987 and earlier years are Commonwealth Acts and Acts for 1992 and later years are ACT Acts.

Title
title     am 1992 No 23 sch 1

Short title
s 1     am 1992 No 23 sch 1

Commencement
s 2     om 2001 No 44 amdt 1.3627

Interpretation for Act
s 3     am 1985 No 65 sch 1
    def authorised person am 1985 No 65 sch 1; 1985 No 193 sch 1; 1998 No 67 sch 1
    om R4 LA
    ins 2001 No 82 amdt 1.17 (as am 2002 No 1 s 4)
    am 2001 No 82 amdt 1.17 (as am 2002 No 1 s 5)
    def constable am 1979 No 155 sch; 1980 No 70 sch; 1985 No 65 sch 1; 1987 No 141 sch 1; 1992 No 23 sch 1
    sub 1998 No 67 sch 1
    def court am 1985 No 65 sch 1; 1992 No 23 sch 1
    def magistrate am 1985 No 65 sch 1; 1987 No 141 sch 1; 1992 No 23 sch 1; 1994 No 38 sch 1 pt 70
    def State am 1985 No 65 sch 1
    def Territory am 1973 No 216 sch 1; 1985 No 65 sch 1
    om 1992 No 23 sch 1

Removal to, or detention in, State
s 5     am 1983 No 96; 1985 No 65 sch 1; 1986 No 168 sch 1; 1996 No 81 s 8; R3 LA s 116 (1) (e)

Escaping from custody
s 5A     ins 1986 No 168 sch 1

Arrest of prisoner unlawfully at large
s 5B     ins 1987 No 141 sch 1
    am 1992 No 23 sch 1

Return of persons to ACT
s 6     am 1985 No 65 sch 1; 1995 No 40 s 6; R3 LA s 116 (1) (e)

Relationship between this Act and Transfer of Prisoners Act 1983 (Cwlth)
s 6A     ins 1983 No 96
    sub 1985 No 193 sch 1

Application of Removal of Prisoners (Territories) Act (Cwlth)
s 7     am 1985 No 65 sch 1; 1987 No 120 s 74; 1992 No 23 sch 1; 1994 No 45 s 33

Validation
s 9     om 1985 No 65 sch 1

Evidence
s 10     am 1985 No 65 sch 1; 1992 No 23 sch 1

Saving of certain laws
s 11     am 1982 No 80; 1985 No 6 sch 1; 1992 No 23 sch 1

Warrants issued by sentence administration board
s 11A     ins 2001 No 82 amdt 1.18 (as am 2002 No 1 s 6)
    exp 24 September 2001 (s 11A (2))

Approved forms
s 12     am 1992 No 23 sch 1
    sub 2001 No 44 amdt 1.3628

Regulation-making power
s 13     ins 2001 No 44 amdt 1.3628

5     Earlier republications

Some earlier republications were not numbered. The number in column 1 refers to the publication order.

Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.

Republication No	Amendments to	Republication date
1	Act 1992 No 23	4 June 1992
2	Act 1994 No 45	28 February 1995
3	Act 1996 No 81	31 January 1998
4	Act 2001 No 82 ‡	28 February 2002
4A	Act 2001 No 82 ‡	29 January 2004
5 (RI)	A2002-1	29 January 2004
‡ includes retrospective amendments by Act 2002 No 1

© Australian Capital Territory 2006

Australian Capital Territory

A1968-82

Republication No 6

Effective: 2 June 2006

Republication date: 2 June 2006

As repealed by A2006-23 s 6 (1)





Unauthorised version prepared by ACT Parliamentary Counsel's Office
About this republication

The republished law

This is a republication of the Removal of Prisoners Act 1968 (repealed) (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)). It also includes any commencement, amendment, repeal or expiry affecting the republished law to 2 June 2006

.

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):

              • authorised republications to which the Legislation Act 2001 applies

              • unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95.

Penalties

The value of a penalty unit for an offence against this republished law at the republication date is—

(a) if the person charged is an individual—$100; or

(b) if the person charged is a corporation—$500.

Australian Capital Territory

Removal of Prisoners Act 1968 (repealed)

Endnotes

Australian Capital Territory

Removal of Prisoners Act 1968 (repealed)