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Crimes (Administration of Sentences)
egislation Amendment (Interstate Transfers) Bill 2012 No , 2012 A Bill for An Act to amend the Crimes (Interstate Transfer of Community Based Sentences) Act 2004, the Parole Orders (Transfer) Act 1983 and the Prisoners (Interstate Transfer) Act 1982 so as to make further provision for the uniform administration of sentences imposed by local and interstate jurisdictions. Crimes (Administration of Sentences) Legislation Amendment (Interstate Clause 1 Transfers) Bill 2012 The Legislature of New South Wales enacts: 1 1 Name of Act 2 This Act is the Crimes (Administration of Sentences) Legislation 3 Amendment (Interstate Transfers) Act 2012. 4 2 Commencement 5 This Act commences on the date of assent to this Act. 6 Page 2 Crimes (Administration of Sentences) Legislation Amendment (Interstate Transfers) Bill 2012 Amendment of Crimes (Interstate Transfer of Community Based Sentences) Schedule 1 Act 2004 No 72 Schedule 1 Amendment of Crimes (Interstate 1 Transfer of Community Based 2 Sentences) Act 2004 No 72 3 [1] Section 4 Application of Act 4 Omit section 4 (2). Insert instead: 5 (2) This Act does not apply to a parole order. 6 [2] Section 7 What is a "community based sentence"? 7 Insert after section 7 (2) (d): 8 (e) any combination of 2 or more community based sentences 9 referred to in subsection (1) (a) that is declared by the 10 regulations to be a single community based sentence. 11 [3] Section 19 Registration criteria 12 Insert after section 19 (2): 13 (3) For the purposes of subsection (2) (a), a community based 14 sentence under a law of this jurisdiction corresponds, or 15 substantially corresponds, to an interstate sentence if and only if 16 the law of this jurisdiction provides that: 17 (a) a penalty of substantially the same nature as the penalty 18 imposed by the interstate sentence can be imposed by the 19 community based sentence, and 20 (b) conditions of substantially the same nature as the 21 conditions to which the interstate sentence is subject can 22 be imposed in relation to the community based sentence. 23 [4] Section 24 Effect of local registration of interstate sentences 24 Insert after section 24 (2): 25 (2A) Subsection (1) (e) applies only for the purpose of determining the 26 penalty to be imposed for the relevant offence in circumstances 27 in which the offender is, under the law of this jurisdiction, 28 re-sentenced in relation to that offence. 29 [5] Section 24 (5A) 30 Insert after section 24 (5): 31 (5A) This section does not apply to an interstate sentence to the extent 32 to which: 33 (a) it imposes a fine or other financial penalty (however 34 described), or 35 Page 3 Crimes (Administration of Sentences) Legislation Amendment (Interstate Transfers) Bill 2012 Schedule 1 Amendment of Crimes (Interstate Transfer of Community Based Sentences) Act 2004 No 72 (b) it requires the making of reparation (however described). 1 [6] Section 27 Effect of interstate registration of local sentences 2 Insert after section 27 (1) (c): 3 (d) proceedings against the offender may not be commenced 4 or continued under the law of this jurisdiction in relation to 5 any breach of the conditions attached to the sentence that 6 occurred before it was registered in the interstate 7 jurisdiction. 8 [7] Section 27 (2A) 9 Insert after section 27 (2): 10 (2A) If this jurisdiction is the originating jurisdiction for the local 11 sentence, this section does not affect the sentence to the extent to 12 which: 13 (a) it imposes a fine or other financial penalty (however 14 described), or 15 (b) it requires the making of reparation (however described), 16 and, to that extent, the sentence remains a sentence in force in this 17 jurisdiction and may be enforced accordingly. 18 [8] Part 5A 19 Insert after Part 5: 20 Part 5A Reciprocal arrangements for 21 administration of local and interstate 22 sentences 23 27A Definitions 24 In this Part: 25 corresponding Minister, in relation to an interstate jurisdiction, 26 means the person who has powers under the corresponding law 27 of that jurisdiction that correspond to the powers of the Minister 28 under this Part. 29 interstate law enforcement officer, in relation to an interstate 30 jurisdiction, means a local law enforcement officer within the 31 meaning of the corresponding law of that jurisdiction. 32 interstate offender means an offender who is subject to an 33 interstate sentence. 34 Page 4 Crimes (Administration of Sentences) Legislation Amendment (Interstate Transfers) Bill 2012 Amendment of Crimes (Interstate Transfer of Community Based Sentences) Schedule 1 Act 2004 No 72 local law enforcement officer means a correctional officer, 1 compliance and monitoring officer or probation and parole 2 officer (within the meaning of the Crimes (Administration of 3 Sentences) Act 1999) or a police officer. 4 local offender means an offender who is subject to a local 5 sentence. 6 Ministerial arrangements means arrangements referred to in 7 section 27B. 8 27B Ministerial arrangements for the administration of local and 9 interstate sentences 10 (1) The Minister may enter into arrangements with the 11 corresponding Minister of an interstate jurisdiction so as to 12 facilitate: 13 (a) the administration, within this jurisdiction, of interstate 14 sentences imposed under a law of the interstate 15 jurisdiction, and 16 (b) the administration, within the interstate jurisdiction, of 17 local sentences, 18 either in relation to particular local or interstate offenders or 19 particular classes of local or interstate offenders. 20 (2) In particular, such arrangements may be entered into so as to 21 facilitate: 22 (a) travel to the interstate jurisdiction by local offenders, and 23 (b) travel to this jurisdiction by interstate offenders. 24 (3) The local authority has, and may exercise, such powers, 25 authorities, duties and functions as are necessary, under the 26 relevant Ministerial arrangements, for the administration of 27 interstate sentences in relation to interstate offenders who are 28 present in this jurisdiction. 29 (4) For the purposes of the law of this jurisdiction with respect to 30 local sentences, anything that is done: 31 (a) by the appropriate interstate authority of an interstate 32 jurisdiction, and 33 (b) in accordance with the relevant Ministerial arrangements, 34 and 35 (c) in the administration of a local sentence in relation to a 36 local offender who is present in the interstate jurisdiction, 37 is taken to have been done pursuant to the law of this jurisdiction. 38 Page 5 Crimes (Administration of Sentences) Legislation Amendment (Interstate Transfers) Bill 2012 Schedule 1 Amendment of Crimes (Interstate Transfer of Community Based Sentences) Act 2004 No 72 27C Issue of interstate travel permit to local offender 1 (1) This section applies to a local offender whose sentence is subject 2 to a condition (whether imposed by the sentence or otherwise) 3 that prohibits the offender from leaving this jurisdiction without 4 permission. 5 (2) Permission to leave this jurisdiction is to be granted, varied and 6 revoked, and conditions of permission are to be imposed and 7 varied, in accordance with the relevant Ministerial arrangements. 8 (3) As soon as practicable after any such permission is granted, the 9 local authority: 10 (a) must incorporate the terms and conditions of the 11 permission in an interstate travel permit, and 12 (b) must provide a copy of the permit to the offender, and 13 (c) must provide: 14 (i) a copy of the permit, and 15 (ii) such other documents or information about the 16 offender as are required or authorised to be sent 17 under the relevant Ministerial arrangements, 18 to the interstate authority of each interstate jurisdiction to 19 which the permit authorises travel. 20 (4) As soon as practicable after the terms or conditions of any such 21 permission are varied, the local authority: 22 (a) must incorporate the terms and conditions of the 23 permission, as varied, in an amended interstate travel 24 permit, and 25 (b) must provide a copy of the amended permit to the offender, 26 and 27 (c) must provide: 28 (i) a copy of the amended permit, and 29 (ii) such other documents or information as are relevant 30 to the variation, 31 to the interstate authority of each interstate jurisdiction to 32 which the permit authorises travel. 33 (5) As soon as practicable after any such permission is revoked, the 34 local authority must provide written notice of that fact to the 35 offender and to the interstate authority of each interstate 36 jurisdiction to which the permit authorised travel. 37 Page 6 Crimes (Administration of Sentences) Legislation Amendment (Interstate Transfers) Bill 2012 Amendment of Crimes (Interstate Transfer of Community Based Sentences) Schedule 1 Act 2004 No 72 (6) An interstate travel permit ceases to have effect in an interstate 1 jurisdiction to which it authorises travel: 2 (a) if written notice referred to in subsection (5) is provided to 3 the interstate authority of that jurisdiction (regardless of 4 whether or not the offender has received such notice), or 5 (b) if the offender is arrested pursuant to a warrant issued 6 under the corresponding law of that jurisdiction. 7 27D Effect of interstate travel permit issued to local offender 8 (1) This section applies in respect of any period during which: 9 (a) an interstate travel permit is in force in respect of a local 10 offender, and 11 (b) the local offender is present in an interstate jurisdiction to 12 which the permit authorises travel. 13 (2) For the purposes of the law of this jurisdiction with respect to 14 local sentences: 15 (a) the conditions of the interstate travel permit are taken to be 16 substituted for the conditions of the relevant local 17 sentence, and 18 (b) any compliance or non-compliance by the offender with 19 the conditions of the interstate travel permit is taken to be 20 compliance or non-compliance, as the case may be, with 21 the conditions of the relevant local sentence. 22 27E Powers exercisable in relation to interstate offenders 23 (1) This section applies to an interstate offender: 24 (a) who holds an interstate travel permit that authorises the 25 offender to travel to this jurisdiction, and 26 (b) who is present in this jurisdiction. 27 (2) The local authority may issue a warrant for the offender's arrest: 28 (a) if advised by the relevant interstate authority that the 29 interstate travel permit is no longer in force in this 30 jurisdiction, or 31 (b) if of the opinion that the offender has failed to comply with 32 the conditions of the interstate travel permit. 33 (3) A warrant under subsection (2) is sufficient authority for a local 34 law enforcement officer: 35 (a) to arrest the offender, and 36 Page 7 Crimes (Administration of Sentences) Legislation Amendment (Interstate Transfers) Bill 2012 Schedule 1 Amendment of Crimes (Interstate Transfer of Community Based Sentences) Act 2004 No 72 (b) to convey the offender to a place specified in the warrant 1 (whether in this jurisdiction or an interstate jurisdiction), 2 and 3 (c) to deliver the offender into the custody of an interstate law 4 enforcement officer of the jurisdiction in which the 5 interstate travel permit was issued. 6 (4) For the avoidance of doubt, such a warrant authorises a local law 7 enforcement officer to convey the offender within or across any 8 interstate jurisdiction for the purpose of taking the offender to a 9 place specified in the warrant. 10 27F Powers of interstate law enforcement officers 11 A warrant issued under the corresponding law of an interstate 12 jurisdiction that authorises an interstate law enforcement officer 13 of that jurisdiction to convey an interstate offender or local 14 offender within or across this jurisdiction for the purpose of 15 taking the offender to a place specified in the warrant has effect, 16 in this jurisdiction, according to its tenor. 17 27G Operation of Service and Execution of Process Act 1992 (Cth) 18 Nothing in this Act is intended to limit or otherwise affect the 19 operation of the Service and Execution of Process Act 1992 of the 20 Commonwealth. 21 [9] Schedule 1 Savings, transitional and other provisions 22 Insert at the end of clause 1 (1): 23 any other Act that amends this Act 24 Page 8 Crimes (Administration of Sentences) Legislation Amendment (Interstate Transfers) Bill 2012 Amendment of Parole Orders (Transfer) Act 1983 No 190 Schedule 2 Schedule 2 Amendment of Parole Orders (Transfer) 1 Act 1983 No 190 2 [1] Part 1, heading 3 Insert before section 1: 4 Part 1 Preliminary 5 [2] Section 3 Definitions 6 Omit "the person or body with" from the definition of designated authority. 7 Insert instead "the person (other than a body corporate) having". 8 [3] Section 3, definition of "parole order" 9 Insert "and" after "parole," in paragraph (a) of the definition. 10 [4] Section 3, definition of "parole order" 11 Insert after paragraph (b) of the definition: 12 (b1) a prospective parole order, or a prospective authority of the 13 kind referred to in paragraph (a) or (b), but only for the 14 purpose of making or dealing with a request under 15 section 5, and 16 [5] Part 2, heading 17 Insert before section 5: 18 Part 2 Registration of parole orders 19 [6] Section 5 Requests for registration of transferred parole orders 20 Omit "that was in force at the time of the request" from section 5 (1). 21 Insert instead "made". 22 [7] Section 5 (2) 23 Omit "that is in force". Insert instead "made". 24 Page 9 Crimes (Administration of Sentences) Legislation Amendment (Interstate Transfers) Bill 2012 Schedule 2 Amendment of Parole Orders (Transfer) Act 1983 No 190 [8] Section 5 (3) and (4) 1 Insert after section 5 (2): 2 (3) A direction or request is not to be made under this section unless 3 the Minister is satisfied that the person to whom the parole order 4 relates: 5 (a) has given consent to, or has requested, the registration of 6 the parole order under this Act or under the relevant 7 corresponding law (as the case requires), and has not 8 withdrawn that consent or request, or 9 (b) is present in the State or Territory in which the order is 10 proposed to be registered. 11 (4) A person who has given consent to, or has requested, the 12 registration of a parole order, as referred to in subsection (3) (a), 13 may withdraw the consent or request at any time before (but not 14 after) the parole order is registered. 15 [9] Section 6 Documents to accompany requests 16 Omit "a person purporting to be the person in whose custody the original is 17 entrusted" from section 6 (2). 18 Insert instead "the Registrar". 19 [10] Section 6 (3) 20 Insert after section 6 (2): 21 (3) In subsection (1) (a), a reference to a parole order (including any 22 variation of a parole order) is a reference not only to the original 23 but also to a copy that, under a law of New South Wales, has the 24 same effect as the original. 25 [11] Section 7 26 Omit the section. Insert instead: 27 7 Matters to which Minister to have regard 28 In determining whether to make a direction or request under 29 section 5, the Minister must have regard to the following matters: 30 (a) the interests (including the welfare) of the person to whom 31 the parole order relates, 32 (b) the administration of justice in this or any other State or a 33 Territory, 34 Page 10 Crimes (Administration of Sentences) Legislation Amendment (Interstate Transfers) Bill 2012 Amendment of Parole Orders (Transfer) Act 1983 No 190 Schedule 2 (c) the protection of the community in this or any other State 1 or a Territory, 2 (d) any other matter the Minister considers relevant. 3 [12] Section 8 Registration 4 Insert after section 8 (1): 5 (1A) Despite subsection (1), a parole order must not be registered 6 under this Act unless, or until, the person to whom the order 7 relates is present in New South Wales. 8 [13] Section 9 Effect of registration 9 Insert after section 9 (2): 10 (2A) Without limiting subsections (1) and (2), the person to whom the 11 parole order relates may be dealt with under the laws of New 12 South Wales in relation to any breach of the conditions of the 13 parole order that occurred before it was registered under this Act. 14 [14] Section 9 (3) 15 Omit the subsection. Insert instead: 16 (3) For the purposes of subsection (2), the appropriate court of this 17 jurisdiction is: 18 (a) if the sentence of imprisonment referred to in 19 subsection (2) (a) was imposed by a court of summary 20 jurisdiction or by a court on appeal from a court of 21 summary jurisdiction--the Local Court, and 22 (b) in any other case--the Supreme Court. 23 [15] Section 9 (4) 24 Omit the subsection. 25 [16] Section 10 Effect of transfer of parole order to another State or a 26 Territory 27 Insert "and" after "New South Wales," in section 10 (1) (a). 28 [17] Section 10 (1) (d) 29 Insert at the end of section 10 (1) (c): 30 , and 31 (d) proceedings against the person to whom the parole order 32 relates may not be commenced or continued under the laws 33 of New South Wales in relation to any breach of the 34 Page 11 Crimes (Administration of Sentences) Legislation Amendment (Interstate Transfers) Bill 2012 Schedule 2 Amendment of Parole Orders (Transfer) Act 1983 No 190 conditions of the parole order that occurred before it was 1 registered under the corresponding law. 2 [18] Section 10 (2) (b) 3 Omit "the registration under the corresponding law". 4 Insert instead "its first registration under a corresponding law". 5 [19] Part 3 6 Insert after section 10: 7 Part 3 Reciprocal arrangements for 8 administration of NSW and interstate 9 parole orders 10 10A Definitions 11 In this Part: 12 interstate law enforcement officer, in relation to another State or 13 a Territory, means a local law enforcement officer within the 14 meaning of the corresponding law of that State or Territory. 15 interstate parole order means a parole order made under a law of 16 another State or a Territory. 17 interstate parolee means a person to whom an interstate parole 18 order relates. 19 interstate registrar, in relation to another State or a Territory, 20 means the person or body having powers under the corresponding 21 law of that State or Territory that correspond to those of the 22 Registrar under this Act. 23 interstate travel permit means an interstate travel permit issued 24 under section 10C or an interstate travel permit (however 25 described) issued under the corresponding law of another State or 26 a Territory. 27 local law enforcement officer means a correctional officer, 28 compliance and monitoring officer or probation and parole 29 officer (within the meaning of the Crimes (Administration of 30 Sentences) Act 1999) or a police officer. 31 NSW parole order means a parole order made under a law of 32 New South Wales. 33 NSW parolee means a person to whom a NSW parole order 34 relates. 35 relevant Ministerial arrangements, in relation to another State 36 or a Territory, means arrangements entered into under 37 Page 12 Crimes (Administration of Sentences) Legislation Amendment (Interstate Transfers) Bill 2012 Amendment of Parole Orders (Transfer) Act 1983 No 190 Schedule 2 section 10B between the Minister and the designated authority of 1 that State or Territory. 2 10B Ministerial arrangements for the administration of NSW and 3 interstate parole orders 4 (1) The Minister may enter into arrangements with the designated 5 authority of another State or a Territory so as to facilitate: 6 (a) the administration, within New South Wales, of interstate 7 parole orders made under a law of the other State or 8 Territory, and 9 (b) the administration, within the other State or Territory, of 10 NSW parole orders, 11 either in relation to particular NSW or interstate parolees or 12 particular classes of NSW or interstate parolees. 13 (2) In particular, such arrangements may be entered into so as to 14 facilitate: 15 (a) travel to the other State or Territory by NSW parolees, and 16 (b) travel to New South Wales by interstate parolees of the 17 other State or Territory. 18 (3) The local prisons authority has, and may exercise, such powers, 19 authorities, duties and functions as are necessary, under the 20 relevant Ministerial arrangements, for the administration of 21 interstate parole orders in relation to interstate parolees who are 22 present in New South Wales. 23 (4) For the purposes of the laws of New South Wales with respect to 24 parole, anything that is done in another State or a Territory: 25 (a) by the interstate prisons authority of that State or Territory, 26 and 27 (b) in accordance with the relevant Ministerial arrangements, 28 and 29 (c) in the administration of a NSW parole order in relation to 30 a NSW parolee who is present in that State or Territory, 31 is taken to have been done pursuant to the laws of New South 32 Wales. 33 (5) In this section: 34 interstate prisons authority, in relation to another State or a 35 Territory, means the person or body having powers under the 36 corresponding law of that State or Territory that correspond to 37 those of the local prisons authority under subsection (3). 38 Page 13 Crimes (Administration of Sentences) Legislation Amendment (Interstate Transfers) Bill 2012 Schedule 2 Amendment of Parole Orders (Transfer) Act 1983 No 190 local prisons authority means the Commissioner of Corrective 1 Services. 2 10C Issue of interstate travel permit to NSW parolee 3 (1) This section applies to a NSW parolee whose parole is subject to 4 a condition (whether imposed by the parole order or otherwise) 5 that prohibits the parolee from leaving New South Wales without 6 permission. 7 (2) Permission to leave New South Wales is to be granted, varied and 8 revoked, and conditions of permission are to be imposed and 9 varied, in accordance with the relevant Ministerial arrangements. 10 (3) As soon as practicable after any such permission is granted, the 11 Registrar: 12 (a) must incorporate the terms and conditions of the 13 permission in an interstate travel permit, and 14 (b) must provide a copy of the permit to the parolee, and 15 (c) must provide: 16 (i) a copy of the permit, and 17 (ii) such other documents or information about the 18 parolee as are required or authorised to be sent under 19 the relevant Ministerial arrangements, 20 to the interstate registrar of each State or Territory to which 21 the permit authorises travel. 22 (4) As soon as practicable after the terms or conditions of any such 23 permission are varied, the Registrar: 24 (a) must incorporate the terms and conditions of the 25 permission, as varied, in an amended interstate travel 26 permit, and 27 (b) must provide a copy of the amended permit to the parolee, 28 and 29 (c) must provide: 30 (i) a copy of the amended permit, and 31 (ii) such other documents or information as are relevant 32 to the variation, 33 to the interstate registrar of each State or Territory to which 34 the permit authorises travel. 35 (5) As soon as practicable after any such permission is revoked, the 36 Registrar must provide written notice of that fact to the parolee 37 and to the interstate registrar of each State or Territory to which 38 the permit authorised travel. 39 Page 14 Crimes (Administration of Sentences) Legislation Amendment (Interstate Transfers) Bill 2012 Amendment of Parole Orders (Transfer) Act 1983 No 190 Schedule 2 (6) An interstate travel permit ceases to have effect in a State or 1 Territory to which it authorises travel: 2 (a) if written notice referred to in subsection (5) is provided to 3 the interstate registrar of that State or Territory (regardless 4 of whether or not the parolee has received such notice), or 5 (b) if the parolee is arrested pursuant to a warrant issued under 6 the corresponding law of that State or Territory. 7 10D Effect of interstate travel permit issued to NSW parolee 8 (1) This section applies in respect of any period during which: 9 (a) an interstate travel permit is in force in respect of a NSW 10 parolee, and 11 (b) the NSW parolee is present in a State or Territory to which 12 the permit authorises travel. 13 (2) For the purposes of the laws of New South Wales with respect to 14 parole: 15 (a) the conditions of the interstate travel permit are taken to be 16 substituted for the conditions of the relevant NSW parole 17 order, and 18 (b) any compliance or non-compliance by the parolee with the 19 conditions of the interstate travel permit is taken to be 20 compliance or non-compliance, as the case may be, with 21 the conditions of the relevant NSW parole order. 22 10E Powers exercisable in relation to interstate parolees 23 (1) This section applies to an interstate parolee: 24 (a) who holds an interstate travel permit that authorises the 25 parolee to travel to New South Wales, and 26 (b) who is present in New South Wales. 27 (2) The local parole authority may issue a warrant for the parolee's 28 arrest: 29 (a) if advised by the relevant interstate registrar that the 30 interstate travel permit is no longer in force in New South 31 Wales, or 32 (b) if of the opinion that the parolee has failed to comply with 33 the conditions of the interstate travel permit. 34 Page 15 Crimes (Administration of Sentences) Legislation Amendment (Interstate Transfers) Bill 2012 Schedule 2 Amendment of Parole Orders (Transfer) Act 1983 No 190 (3) A warrant under subsection (2) is sufficient authority for a local 1 law enforcement officer: 2 (a) to arrest the parolee, and 3 (b) to convey the parolee to a place specified in the warrant 4 (whether in New South Wales or in another State or a 5 Territory), and 6 (c) to deliver the parolee into the custody of an interstate law 7 enforcement officer of the State or Territory in which the 8 interstate travel permit was issued. 9 (4) For the avoidance of doubt, such a warrant authorises a local law 10 enforcement officer to convey the parolee within or across any 11 other State or a Territory for the purpose of taking the parolee to 12 a place specified in the warrant. 13 (5) In this section, local parole authority means the State Parole 14 Authority. 15 10F Powers of interstate law enforcement officers 16 A warrant issued under the corresponding law of another State or 17 a Territory that authorises a local law enforcement officer (within 18 the meaning of that law) to convey an interstate parolee or NSW 19 parolee within or across New South Wales for the purpose of 20 taking the parolee to a place specified in the warrant has effect, in 21 New South Wales, according to its tenor. 22 10G Operation of Service and Execution of Process Act 1992 (Cth) 23 Nothing in this Act is intended to limit or otherwise affect the 24 operation of the Service and Execution of Process Act 1992 of the 25 Commonwealth. 26 [20] Part 4, heading 27 Insert before section 11: 28 Part 4 General 29 Page 16 Crimes (Administration of Sentences) Legislation Amendment (Interstate Transfers) Bill 2012 Amendment of Parole Orders (Transfer) Act 1983 No 190 Schedule 2 [21] Section 11A 1 Insert after section 11: 2 11A Use of documents and information 3 (1) For the purpose of making a determination or exercising a 4 discretion under this Act, or for the purpose of complying with 5 any obligations imposed by the relevant Ministerial 6 arrangements under Part 3, the Minister: 7 (a) may inform himself or herself as the Minister thinks fit 8 including, in particular, by reference to relevant 9 documents and information: 10 (i) forwarded to the Minister by the designated 11 authority of another State or a Territory, or 12 (ii) obtained in the course of investigations carried out 13 in New South Wales in connection with the making 14 of the determination or the exercise of the 15 discretion, and 16 (b) may provide any such documents or information 17 (including any personal information about the person to 18 whom a parole order relates) to any government agencies 19 or other persons that may be directly affected by that 20 person's presence in the State or Territory in which the 21 parole order is, or is proposed to be, registered. 22 (2) This section does not authorise the disclosure of information 23 about a person to whom a parole order relates unless the person: 24 (a) has given consent to, or has requested, the registration of 25 the parole order under this Act or under the relevant 26 corresponding law (as the case requires), and has not 27 withdrawn that consent or request, or 28 (b) is present in the State or Territory in which the parole order 29 is, or is proposed to be, registered, or 30 (c) has applied for permission to travel to that State or 31 Territory. 32 (3) A person who has given consent to, or has requested, the 33 registration of a parole order, as referred to in subsection (2) (a), 34 may withdraw the consent or request at any time before (but not 35 after) the parole order is registered. 36 Page 17 Crimes (Administration of Sentences) Legislation Amendment (Interstate Transfers) Bill 2012 Schedule 3 Amendment of Prisoners (Interstate Transfer) Act 1982 No 104 Schedule 3 Amendment of Prisoners (Interstate 1 Transfer) Act 1982 No 104 2 [1] Section 5 Definitions 3 Insert in alphabetical order in section 5 (1): 4 local prisons authority means: 5 (a) in relation to New South Wales, the Commissioner of 6 Corrective Services, or 7 (b) in relation to a participating State other than New South 8 Wales, the local prisons authority for that State within the 9 meaning of the interstate law of that State, or 10 (c) in relation to a Territory, the local prisons authority for that 11 Territory within the meaning of the Transfer of Prisoners 12 Act 1983 of the Commonwealth. 13 [2] Section 24 Transfer in custody of escort 14 Insert after section 24 (3): 15 (4) Without limiting subsections (1) and (3), it is sufficient 16 compliance with an order referred to in either of those 17 subsections if the prisoner concerned: 18 (a) is delivered into the custody of an escort of the State or 19 Territory to which the prisoner is being transferred, being 20 an escort who is authorised by the local prisons authority 21 for that State or Territory to receive custody of the 22 prisoner, and 23 (b) is so delivered into custody at a place at which the escort 24 referred to in paragraph (a) is authorised by the local 25 prisons authority for that State or Territory to receive 26 custody of the prisoner. 27 [3] Section 31 Lawful custody for transit through New South Wales 28 Omit "from New South Wales to such prison in the participating State or 29 Territory as is specified in the order and there delivering the person into the 30 custody of the gaoler" from section 31 (1) (a). 31 Insert instead "within New South Wales in accordance with the order". 32 Page 18 Crimes (Administration of Sentences) Legislation Amendment (Interstate Transfers) Bill 2012 Amendment of Prisoners (Interstate Transfer) Act 1982 No 104 Schedule 3 [4] Section 32 Escape from custody of person being transferred 1 Insert "24 (3) or" after "section" in section 32 (1). 2 Page 19
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