Commonwealth Numbered Regulations - Explanatory Statements

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INTERNATIONAL TRANSFER OF PRISONERS REGULATIONS 2002 2002 NO. 188

STATUTORY RULES 2002 No. 188

Issued by the Authority of the Minister for Justice and Customs

International Transfer of Prisoners Act 1997

International Transfer of Prisoners Regulations 2002

Section 58 of the International Transfer of Prisoners Act 1997 (the Act) provides that the Governor-General may make regulations for the purposes of the Act. These regulations may be as required or permitted by the Act to be prescribed, or as necessary or convenient to be prescribed for carrying out or giving effect to the Act. In particular, regulations may make provision for or with respect to information to be provided to prisoners and other persons for the purposes of the Act and any State or Territory Act relating to the international transfer of prisoners.

The Act provides the Commonwealth legislative framework for Australia's participation in the international transfer of prisoners scheme. Under this scheme, Australians imprisoned overseas, and foreign nationals imprisoned in Australia, will be able to apply to be transferred to serve the balance of their sentence in their home country. Transfer countries will be declared by Regulation once appropriate international arrangements have been finalised.

The Regulations prescribe a number of forms under the Act for the international transfer of prisoners. These forms include those used by prisoners applying for a transfer from Australia. Details of the forms are attached.

Details of the proposed Regulations are as follows:

Regulation 1 provides that the proposed Regulations are the International Transfer of Prisoners Regulations 2002.

Regulation 2 provides that the proposed Regulations commence on gazettal.

Regulation 3 defines terms used in the proposed Regulations.

Regulation 4 provides that a reference to a form is a reference to numbered forms in Schedule 1.

Regulation 5 provides for the forms to be used by a prisoner when making an application for transfer from Australia.

Regulation 6 sets out the details required to accompany an application by a prisoner for transfer from Australia.

Regulation 7 provides for the form of warrant. orders to be used for the transfer of a prisoner from Australia.

Regulation 8 provides a form for the notification of receipt of request for transfer of a prisoner to Australia.

Regulation 9 provides for the form of warrant orders to be used for the transfer of a prisoner to Australia.

Regulation 10 provides for the form of warrant orders to be used for the transfer of a Tribunal prisoner to Australia.

Regulation 11 provides for the form of directions to be used where a prisoner is not to be detained.

Regulation 12 provides for the form of warrant orders to be used for the custody of a prisoner being transported through Australia.

Schedule 1 contains the forms referred to in the Regulations.