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CLAUSE NOTES
INTERSTATE TRANSFERS (MISCELLANEOUS
AMENDMENTS) BILL 2013
Clause 1: Short title.
Clause 2: Allows the Act to commence by proclamation.
Clause 3: Provides that the principal Act for the
purposes of Part 2 (clauses 3 7 of the Bill) is
the Interstate Transfer (Community-based
Sentences) Act 2009.
Clause 4: Amends section 3 to insert a series of
definitions clarifying the terms used in the Act,
including defining the `local authority' as the
Director of Corrective Services, and `local law
enforcement officer' as a corrections officer,
probation officer or police officer.
Clause 5: Amends section 12 to clarify that breaches
that took place before the registration of a
sentence of an interstate offender in Tasmania
cannot be dealt with in Tasmania, and that
sentences that impose a monetary penalty or
the making of financial reparation cannot be
transferred and must be enforced from the
originating jurisdiction. This is mirrored by
Clause 7.
Clause 6: Inserts a new Part 3A concerned with
reciprocal arrangements for the temporary
administration of transferred sentences, for
instance where an offender is travelling
between their original State and another.
The part includes provisions that allow for:
the Minister to enter into arrangements
with the corresponding interstate Minister
to both send and receive offenders in
Tasmania;
the local authority to exercise such
powers as needed to administer the
sentences of interstate offenders travelling
to Tasmania, and to delegate those powers
where suitable;
anything that is done by an interstate
jurisdiction in the administration of the
Tasmanian offender's sentence to be
deemed to have been done under
Tasmanian law;
the issue, variation and revocation of an
interstate travel permit to a local offender;
The notice requirements of an interstate
travel permit;
the conditions of an interstate travel
permit and any compliance or non-
compliance of an offender to be
considered conditions or compliance or
non-compliance under a Tasmanian
sentence;
the local authority to issue a warrant
where an interstate offender has had their
permit revoked by their original
jurisdiction or has breached the conditions
of the permit;
an interstate law enforcement officer to
convey an offender subject to an interstate
warrant within or across Tasmanian state
lines in order to fulfil the warrant; and
this Act not to affect the operation of the
Service and Execution of Process Act 1992 of
the Commonwealth.
Clause 7: Amends section 18 to clarify that breaches
that took place before the registration of a
sentence of a Tasmanian offender interstate
cannot be dealt with by that jurisdiction, and
that sentences that impose a monetary penalty
or the making of financial reparation cannot be
transferred and must be enforced from the
originating jurisdiction.
Clause 8: Amends section 23 to allow the `local
`authority' to delegate powers under the Act in
the same terms as the Minister or Registrar.
Clause 9: Provides that the principal Act for the
purposes of Part 3 (clauses 8 21 of the Bill) is
the Parole Orders (Transfer) Act 1983.
Clause 10: Inserts a heading to divide the Act for ease of
use: `Part 1 Preliminary'.
Clause 11: Alters existing and inserts new definitions
relating to the terms used in the Act, including
defining the `Director' as the Director of
Corrective Services, and `local law
enforcement officer' as a corrections officer,
probation officer or police officer. Also
amends the definition of `parole order' to
include an order that has been made but is not
yet in in force.
Clause 12: Inserts a heading to divide the Act for ease of
use: `Part 2 Registration of Parole Orders'.
Clause 13: Amends section 5 to require the consent of a
person to whom the parole order relates to
the registration of a parole order being
transferred.
Clause 14: Amends section 6 to confirm that the
secretary of the Parole Board is the person
who has custody of the original parole order,
and to ensure that a copy of a parole order
which has the same effect as the original is
acceptable for the purposes of the section.
Clause 15: Substitutes for section 7 a section that
simplifies the matters to which the Minister is
to have regard in making a decision to approve
a transfer into 4 categories the interests of
the parolee, the administration of justice, the
protection of the community and any other
matters the Minister considers relevant.
Clause 16: Amends section 8 to require a parolee must
be present in Tasmania in order to have their
parole order registered here.
Clause 17: Inserts a subsection into section 9 to clarify
that any breach of the parole order that
occurs after a person has left another State
and before the order is registered in Tasmania
may be dealt with in Tasmania. It also removes
subsection 4 of that section which has the
effect of confirming that the reminder of the
parole at the time of a breach in Tasmania is to
be calculated in accordance with Tasmanian
law.
Clause 18: Inserts a subsection into section 10 to provide
that no proceedings for breach may be
commenced from Tasmania once the parole
order after registration in another State.
Clause 19: Inserts a heading to divide the Act for ease of
use: `Part 3 - Reciprocal Arrangements for
Administration of Tasmanian and Interstate
Parole Orders'.
Clause 20: Inserts a new Part 3 into the Act concerned
with reciprocal arrangements for the
temporary administration of transferred parole
orders, for instance where a parolee is
travelling between their original State and
another.
The part includes provisions that allow for:
the Minister to enter into arrangements
with the corresponding interstate Minister to
both send and receive parolees in Tasmania;
the Secretary of the Parole Board to
exercise such powers as needed to administer
the sentences of interstate parolee travelling to
Tasmania;
anything that is done by an interstate
jurisdiction in the administration of the
Tasmanian parolee's order to be deemed to
have been done under Tasmanian law;
the issue, variation and revocation of an
interstate travel permit to a Tasmanian
parolee;
The notice requirements of an interstate
travel permit;
the conditions of an interstate travel
permit and any compliance or non-compliance
of a parolee to be considered conditions or
compliance or non-compliance under a
Tasmanian order;
the Parole Board to issue a warrant
where an interstate offender has had their
permit revoked by their original jurisdiction or
has breached the conditions of the permit
an interstate law enforcement officer to
convey an offender subject to an interstate
warrant within or across Tasmanian state lines
in order to fulfil the warrant; and
this Act not to affect the operation of the
Service and Execution of Process Act 1992 of the
Commonwealth.
Clause 21: Inserts a heading to divide the Act for ease of
use: `Part 4 Miscellaneous'.
Clause 22: Inserts a new section 11A that allows for the
minster to inform his or her decision making
by means of documents and information
without compromising the privacy of the
parolee.
Clause 23: Provides that the principal Act for the
purposes of Part 4 (clauses 22 26 of the Bill)
is the Prisoners (Interstate Transfer) Act 1982.
Clause 24: Amends section 3 to define `local prisons
authority' as the Director of Corrective
Services, and to clarify who the corresponding
authorities are for the States and Territories.
Clause 25: Inserts a new subsection in section 22 to
clarify that an order of transfer is satisfied by
the delivery of the prisoner into the custody of
an escort authorised by the relevant State or
Territory, at a place authorised for that
purpose.
Clause 26: Amends section 29 to improve the wording of
the section and support the change to section
22.
Clause 27: Amends section 30 to address a gap in the
principal Act in relation to an escape of a
prisoner while under escort. A prisoner can
be in "interstate custody" in the local
jurisdiction either while being delivered to a
local prison (section 22) or while passing
through in the course of being transferred
from one jurisdiction to another.
Clause 28: Repeals the Amendment Act after one year.