International Transfer of Prisoners Amendment Act 2004

No. 19, 2004

An Act to amend the International Transfer of Prisoners Act 1997, and for related purposes

Contents

1............ Short title............................................................................................ 1

2............ Commencement.................................................................................. 2

3............ Schedule(s).......................................................................................... 2

Schedule 1—Amendment of the International Transfer of Prisoners Act 1997      3

International Transfer of Prisoners Amendment Act 2004

No. 19, 2004

An Act to amend the International Transfer of Prisoners Act 1997, and for related purposes

[Assented to 23 March 2004]

The Parliament of Australia enacts:

1  Short title

                   This Act may be cited as the International Transfer of Prisoners Amendment Act 2004.

2  Commencement

                   This Act commences on the day on which it receives the Royal Assent.

3  Schedule(s)

                   Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendment of the International Transfer of Prisoners Act 1997

1  Subsection 4(1) (definition of transfer country)

After “foreign country”, insert “or a region”.

2  After section 4

Insert:

4A  Sentences of imprisonment imposed by military commissions of the United States of America

                   For the purposes of this Act:

                     (a)  a military commission of the United States of America is taken to be a court or tribunal of the United States of America; and

                     (b)  any punishment or measure involving deprivation of liberty ordered by a military commission of the United States of America is taken to have been ordered by a court or tribunal of the United States of America in the exercise of its criminal jurisdiction; and

                     (c)  any direction or order given or made by a military commission of the United States of America with respect to the commencement of such punishment or measure is taken to have been given or made by a court or tribunal of the United States of America.

3  Paragraph 8(5)(b)

Repeal the paragraph, substitute:

                     (b)  a region that is part of that country; and

                     (c)  a region that is under the protection of that country; and

                     (d)  a region over which that country exercises jurisdiction or control; and

                     (e)  a region for whose international relations that country is responsible;

4  At the end of section 8

Add:

             (6)  For the purposes of this section, a region is taken to be a foreign country if:

                     (a)  the region is a colony, territory or protectorate of a foreign country; or

                     (b)  the region is part of a foreign country; or

                     (c)  the region is under the protection of a foreign country; or

                     (d)  a foreign country exercises jurisdiction or control over the region; or

                     (e)  a foreign country is responsible for the region’s international relations.

5  Application

The amendments made by this Schedule apply in relation to a sentence of imprisonment (within the meaning of the International Transfer of Prisoners Act 1997 immediately after the time this Schedule commences) imposed before or after that time.

[Minister’s second reading speech made in—

House of Representatives on 19 February 2004

Senate on 4 March 2004]