Queensland Numbered Acts

CORRECTIVE SERVICES AND OTHER LEGISLATION AMENDMENT ACT 2009 No. 30 - SECT 14

After section 96--

insert--

'(1) At the request of the Commonwealth Attorney-General, the relevant entity may, by order in writing--

(a) give approval (mutual assistance approval) for a prisoner to travel to a foreign country--

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

(ii) for the purpose of giving assistance in relation to an investigation relating to a criminal matter, as mentioned in the Commonwealth Act, section 27; and

(b) give the directions and impose the conditions that the relevant entity considers are necessary for the release of the prisoner under the approval.

'(2) While a mutual assistance approval is in force, the prisoner to whom the approval relates--

(a) is authorised to be absent from custody (other than custody referred to in the Commonwealth Act, section 26(1)(e)(iii) or 27(1)(e)(iii)) in relation to any period during which the prisoner would, if the approval were not in force, be required to be in custody; and

(b) is exempt from any other requirements imposed under this or any other Act that would, if the approval were not in force, prevent the prisoner from travelling to the foreign country for the purpose stated in the Commonwealth Attorney-General's request.

'(3) In this section--

Commonwealth Act means the Mutual Assistance in Criminal Matters Act 1987 (Cwlth).

relevant entity means--

(a) in relation to a prisoner who is released on parole--the Queensland board; or

(b) otherwise--the chief executive.

'On the giving of a mutual assistance approval, the entity that gave the approval must give the prisoner to whom it relates written notice of--

(a) the approval; and

(b) any conditions relating to the approval and imposed on the prisoner under section 96A(1)(b).

'A prisoner who is given notice, under section 96B, of a mutual assistance approval and conditions imposed on the prisoner must comply with the conditions.

Maximum penalty--6 months imprisonment.

'The time spent by a prisoner while released under a mutual assistance approval counts as time served under the prisoner's period of imprisonment.'.