International Transfer of Prisoners Regulations 2002

Statutory Rules No. 188, 2002

made under the

International Transfer of Prisoners Act 1997

Compilation No. 2

Compilation date:    5 September 2015

Includes amendments up to: SLI No. 146, 2015

Registered:    10 September 2015

 

About this compilation

This compilation

This is a compilation of the International Transfer of Prisoners Regulations 2002 that shows the text of the law as amended and in force on 5 September 2015 (the compilation date).

This compilation was prepared on 8 September 2015.

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on ComLaw (www.comlaw.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on ComLaw for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on ComLaw for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

Part 1—Preliminary

1 Name of Regulations

2 Commencement

3 Definitions

4 References to forms

Part 2—Transfer of prisoners

7 Warrant for transfer of prisoner from Australia

8 Notification of receipt of request for transfer of prisoner to Australia

9 Warrant for transfer of prisoner to Australia

10 Warrant for transfer of Tribunal prisoner to Australia

11 Direction that prisoner or Tribunal prisoner not be detained—prisoner pardoned, etc

12 Application for warrant for custody of prisoner being transported through Australia

Part 3—Application and transitional provisions

Division 1—Provisions relating to the International Transfer of Prisoners Amendment (2015 Measures No. 1) Regulation 2015

13 Application of amendments relating to warrants

14 Repeal of this Part

Schedule 1—Forms

Form 5—Warrant for transfer from Australia—prisoner not on parole

Form 6—Warrant for transfer from Australia—prisoner on parole

Form 6A—Warrant for transfer from Australia—prisoner serving suspended sentence

Form 7—Notification of receipt of request for transfer of prisoner to Australia

Form 8—Warrant for transfer to Australia—prisoner not on parole and not serving suspended sentence

Form 9—Warrant for transfer to Australia—prisoner on parole

Form 9A—Warrant for transfer to Australia—prisoner serving suspended sentence

Form 10—Warrant for transfer to Australia—Tribunal prisoner not on parole

Form 11—Warrant for transfer to Australia—Tribunal prisoner on parole

Form 12—Direction that prisoner not be detained

Form 13—Direction that Tribunal prisoner not be detained

Form 14—Application for warrant to hold prisoner in custody

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

 

Part 1Preliminary

 

1  Name of Regulations

  These Regulations are the International Transfer of Prisoners Regulations 2002.

2  Commencement

  These Regulations commence on gazettal.

3  Definitions

Note: A number of expressions used in these Regulations are defined in the Act, including the following:

(a) prisoner;

(b) prisoner’s representative;

(c) release on parole;

(d) sentence of imprisonment;

(e) serving;

(f) suspended part;

(g) State Minister;

(h) transfer country;

(i) Tribunal;

(j) Tribunal country;

(k) Tribunal prisoner.

  In these Regulations:

Act means the International Transfer of Prisoners Act 1997.

4  References to forms

  In these Regulations, a reference to a form followed by a number is a reference to a form so numbered in Schedule 1.

Part 2Transfer of prisoners

 

7  Warrant for transfer of prisoner from Australia

  For section 21 of the Act, the form of warrant is:

 (a) in the case of a prisoner other than a prisoner who has been released on parole or is serving the suspended part of the sentence of imprisonmentForm 5; and

 (b) in the case of a prisoner who has been released on paroleForm 6; and

 (c) in the case of a prisoner who is serving the suspended part of the sentence of imprisonment—Form 6A.

8  Notification of receipt of request for transfer of prisoner to Australia

  For subsection 27 (1) of the Act, the form of notification is Form 7.

9  Warrant for transfer of prisoner to Australia

  For section 29 of the Act, the form of warrant is:

 (a) in the case of a prisoner other than a prisoner who has been released on parole or is serving the suspended part of the sentence of imprisonmentForm 8; and

 (b) in the case of a prisoner who has been released on paroleForm 9; and

 (c) in the case of a prisoner who is serving the suspended part of the sentence of imprisonment—Form 9A.

10  Warrant for transfer of Tribunal prisoner to Australia

  For section 38 of the Act, the form of warrant is:

 (a) in the case of a Tribunal prisoner other than a Tribunal prisoner who has been released on paroleForm 10; and

 (b) in the case of a Tribunal prisoner who has been released on paroleForm 11.

11  Direction that prisoner or Tribunal prisoner not be detainedprisoner pardoned, etc

 (1) For subsection 49 (2) of the Act, the form of direction is Form 12.

 (2) For subsection 49 (3) of the Act, the form of direction is Form 13.

12  Application for warrant for custody of prisoner being transported through Australia

  For subparagraph 55 (1) (b) (iii) of the Act, the form of application is Form 14.

Part 3Application and transitional provisions

Division 1Provisions relating to the International Transfer of Prisoners Amendment (2015 Measures No. 1) Regulation 2015

13  Application of amendments relating to warrants

  The amendments made by items 4 to 7 and 10 to 15 of Schedule 1 to the International Transfer of Prisoners Amendment (2015 Measures No. 1) Regulation 2015 apply in relation to warrants issued under section 21 or 29 of the Act on or after the day that regulation commences.

14  Repeal of this Part

  This Part is repealed on 5 September 2017.

Schedule 1Forms

(regulation 4)

Form 5Warrant for transfer from Australiaprisoner not on parole

(paragraph 7 (a))

COMMONWEALTH OF AUSTRALIA

International Transfer of Prisoners Act 1997

WARRANT FOR TRANSFER FROM AUSTRALIA OF PRISONER NOT ON PAROLE AND NOT SERVING SUSPENDED SENTENCE

1 Authorisation of transfer

I, [name], *AttorneyGeneral/*Minister for Justice of the Commonwealth of Australia, acting under section 21 of the International Transfer of Prisoners Act 1997 (the Act), authorise the transfer of [name of prisoner] (the prisoner), born on [prisoner’s date of birth], and serving a sentence of imprisonment in [name of prison or institution], from Australia to [name of transfer country] (the transfer country) to complete the prisoner’s sentence on the terms set out in the Schedule.

2 Written consent statement

For paragraph 22 (2) (c) of the Act, I state that I, and the following persons and authorities, have given written consent to the transfer of the prisoner from Australia to the transfer country:

(a) *[name of prisoner]/*[name of prisoner’s representative];

(b) [name of representative of appropriate authority of transfer country];

(c) *[name and title of relevant State Minister].

3 Requirement to release and authorisation to transport prisoner etc

For subsection 22 (3) of the Act, I:

(a) require the person in whose custody the prisoner is held to release the prisoner into the custody of [title of person into whose custody prisoner is to be released]; and

(b) authorise [title of person into whose custody prisoner is to be released] to take the prisoner to [name of place in Australia] and, if necessary, detain the prisoner in custody for the purpose of placing the prisoner in the custody of [title of person(s) into whose custody prisoner is to be released] for transport out of Australia; and

(c) authorise the escort *officer/*officers to transport the prisoner in custody out of Australia to the transfer country for surrender to a person appointed by that country to receive the prisoner.

Dated:

 

 

.......................................................

*AttorneyGeneral

*Minister for Justice

*Omit if not applicable

SCHEDULE

[Set out the terms on which the prisoner’s
sentence of imprisonment is to be completed]

Form 6Warrant for transfer from Australiaprisoner on parole

(paragraph 7 (b))

COMMONWEALTH OF AUSTRALIA

International Transfer of Prisoners Act 1997

WARRANT FOR TRANSFER FROM AUSTRALIA OF PRISONER ON PAROLE

1 Authorisation of transfer

I, [name], *AttorneyGeneral/*Minister for Justice of the Commonwealth of Australia, acting under section 21 of the International Transfer of Prisoners Act 1997 (the Act), authorise the transfer of [name of prisoner] (the prisoner), born on [prisoner’s date of birth], who has been released on parole, from Australia to [name of transfer country] (the transfer country) to complete the prisoner’s sentence on the terms set out in the Schedule.

2 Written consent statement

For paragraph 22 (2) (c) of the Act, I state that I, and the following persons and authorities, have given written consent to the transfer of the prisoner from Australia to the transfer country:

(a) *[name of prisoner]/*[name of prisoner’s representative];

(b) [name of representative of appropriate authority of transfer country];

(c) [name and title of relevant State Minister].

**3 Approvals, permissions etc

[Complete this section if approvals, permissions etc are to be specified.]

*For paragraph 22 (4) (a) of the Act, I specify:

[specify any approvals, authorities, permissions or variations to the parole order or other order or licence to be at large that have been made under Australian law]

**4 Transfer procedures etc

[Complete this section if procedures etc for the transfer are to be specified.]

*For paragraph 22 (4) (b) of the Act, I specify:

[specify any procedures for the transfer of the prisoner to the transfer country that have been agreed with the transfer country and give any necessary authorisations and directions]

Dated:

 

 

.......................................................

*AttorneyGeneral

*Minister for Justice

*Omit if not applicable

 

**Renumber heading if required

SCHEDULE

[Set out the terms on which the prisoner’s
sentence of imprisonment is to be completed]

Form 6AWarrant for transfer from Australia—prisoner serving suspended sentence

 

Note: See paragraph 7(c).

COMMONWEALTH OF AUSTRALIA

International Transfer of Prisoners Act 1997

WARRANT FOR TRANSFER FROM AUSTRALIA OF PRISONER SERVING SUSPENDED SENTENCE

1 Authorisation of transfer

I, [name], *AttorneyGeneral/*Minister for Justice of the Commonwealth of Australia, acting under section 21 of the International Transfer of Prisoners Act 1997 (the Act), authorise the transfer of [name of prisoner] (the prisoner), born on [prisoner’s date of birth], who is serving the suspended part of the sentence of imprisonment, from Australia to [name of transfer country] (the transfer country) to complete the prisoner’s sentence on the terms set out in the Schedule.

2 Written consent statement

For paragraph 22(2)(c) of the Act, I state that I, and the following persons and authorities, have given written consent to the transfer of the prisoner from Australia to the transfer country:

(a) *[name of prisoner]/*[name of prisoner’s representative];

(b) [name of representative of appropriate authority of transfer country];

(c) [name and title of relevant State Minister].

**3 Conditions

[Complete this section if conditions are to be specified]

*For paragraph 22(4A)(a) of the Act, I specify:

[specify any conditions relating to the sentence that have been imposed under Australian law]

**4 Transfer procedures etc.

[Complete this section if procedures etc. for the transfer are to be specified]

*For paragraph 22(4A)(b) of the Act, I specify:

[specify any procedures for the transfer of the prisoner to the transfer country that have been agreed with the transfer country and give any necessary authorisations and directions]

Dated:

 

.......................................................

*AttorneyGeneral

*Minister for Justice

*Omit if not applicable

 

**Renumber heading if required

SCHEDULE

[Set out the terms on which the prisoner’s
sentence of imprisonment is to be completed]

Form 7Notification of receipt of request for transfer of prisoner to Australia

(regulation 8)

COMMONWEALTH OF AUSTRALIA

International Transfer of Prisoners Act 1997

NOTIFICATION OF RECEIPT OF REQUEST FOR TRANSFER OF PRISONER TO AUSTRALIA

To: [name of relevant Minister of State or Territory to which prisoner wishes to transfer]

I, [name], *AttorneyGeneral/*Minister for Justice/*delegate of the AttorneyGeneral, under subsection 27 (1) of the International Transfer of Prisoners Act 1997, give notice that [name of prisoner], a prisoner currently serving a sentence of imprisonment in [name of transfer country], has applied for a transfer to [name of State or Territory] to complete the prisoner’s sentence.

Dated:

 

 

.......................................................

*AttorneyGeneral

*Minister for Justice

*Delegate of the AttorneyGeneral

*Omit if not applicable

 

Form 8Warrant for transfer to Australia—prisoner not on parole and not serving suspended sentence

 

Note: See paragraph 9(a).

COMMONWEALTH OF AUSTRALIA

International Transfer of Prisoners Act 1997

WARRANT FOR TRANSFER TO AUSTRALIA OF PRISONER NOT ON PAROLE AND NOT SERVING SUSPENDED SENTENCE

1 Authorisation of transfer

I, [name], *AttorneyGeneral/*Minister for Justice of the Commonwealth of Australia, acting under section 29 of the International Transfer of Prisoners Act 1997 (the Act), authorise the transfer of [name of prisoner] (the prisoner), born on [prisoner’s date of birth], and serving a sentence of imprisonment in [name of prison or institution], from [name of transfer country] (the transfer country) to Australia to complete the prisoner’s sentence in accordance with the terms mentioned in the directions on sentence enforcement given by the AttorneyGeneral under section 42 or 44 of the Act.

2 Written consent statement

For paragraph 30 (2) (c) of the Act, I state that I, and the following persons and authorities, have given written consent to the transfer of the prisoner from the transfer country to Australia:

(a) *[name of prisoner]/*[name of prisoner’s representative];

(b) [name of representative of appropriate authority of transfer country];

(c) [name and title of relevant State Minister].

3 Authorisation to collect prisoner

For subsection 30 (3) of the Act, I authorise [title of escort officer/officers] (the escort *officer/*officers) to collect the prisoner from [place from which the prisoner is to be collected].

*4 Authorisation to transport, escort, take into custody etc

[Complete the next paragraph if the prisoner is to be collected from a place in the transfer country]

*For subsection 30 (3) of the Act, I also authorise:

(a) the escort *officer/*officers to transport the prisoner in custody to Australia, and surrender the prisoner to [title of person appointed by the AttorneyGeneral for paragraph 30 (3) (b) of the Act] (the appointed person); and

*(b) the appointed person to escort the prisoner in custody to [name of prison, hospital or other place where prisoner is to begin to complete sentence of imprisonment].

[Complete the next paragraph if the prisoner is to be collected from a place in Australia]

*For subsection 30 (3) of the Act, I also authorise the escort *officer/*officers to escort the prisoner to [name of prison, hospital or other place where prisoner is to begin to complete sentence of imprisonment].

[Complete the next paragraph if the prisoner is to be escorted to a prison in Australia]

*For subsection 30 (3) of the Act, I also require [title of superintendent of prison to which prisoner is to be escorted], superintendent of [name of prison to which prisoner is to be escorted], to take the prisoner into custody to be dealt with under the terms agreed under the Act.

[Complete the next paragraph if the prisoner is to be escorted to a hospital or other place in Australia]

*For subsection 30 (3) of the Act, I also authorise the detention of the prisoner in [name of hospital or other place to which prisoner is to be escorted] to be dealt with in accordance with the terms agreed under the Act.

Dated:

 

 

.......................................................

*AttorneyGeneral

*Minister for Justice

*Omit if not applicable

 

Form 9Warrant for transfer to Australiaprisoner on parole

(paragraph 9 (b))

COMMONWEALTH OF AUSTRALIA

International Transfer of Prisoners Act 1997

WARRANT FOR TRANSFER TO AUSTRALIA OF PRISONER ON PAROLE

1 Authorisation of transfer

I, [name], *AttorneyGeneral/*Minister for Justice of the Commonwealth of Australia, acting under section 29 of the International Transfer of Prisoners Act 1997 (the Act), authorise the transfer of [name of prisoner] (the prisoner), born on [prisoner’s date of birth], who has been released on parole, from [name of transfer country] (the transfer country) to Australia to complete the prisoner’s sentence in accordance with the terms mentioned in the directions on sentence enforcement given by the AttorneyGeneral under section 42 or 44 of the Act.

2 Written consent statement

For paragraph 30 (2) (c) of the Act, I state that I, and the following persons and authorities, have given written consent to the transfer of the prisoner from the transfer country to Australia:

(a) *[name of prisoner]/*[name of prisoner’s representative];

(b) [name of representative of appropriate authority of transfer country];

(c) [name and title of relevant State Minister].

*3 Transfer procedures or authorisations etc

*For subsection 30 (4) of the Act, I:

[specify any procedures for the transfer of the prisoner to Australia that have been agreed upon with the transfer country and give any necessary authorisations and directions]

Dated:

 

 

.......................................................

*AttorneyGeneral

*Minister for Justice

*Omit if not applicable

 

Form 9AWarrant for transfer to Australia—prisoner serving suspended sentence

 

Note: See paragraph 9(c).

COMMONWEALTH OF AUSTRALIA

International Transfer of Prisoners Act 1997

WARRANT FOR TRANSFER TO AUSTRALIA OF PRISONER SERVING SUSPENDED SENTENCE

1 Authorisation of transfer

I, [name], *AttorneyGeneral/*Minister for Justice of the Commonwealth of Australia, acting under section 29 of the International Transfer of Prisoners Act 1997 (the Act), authorise the transfer of [name of prisoner] (the prisoner), born on [prisoner’s date of birth], who is serving the suspended part of the sentence of imprisonment, from [name of transfer country] (the transfer country) to Australia to complete the prisoner’s sentence in accordance with the terms mentioned in the directions on sentence enforcement given by the AttorneyGeneral under section 42 or 44 of the Act.

2 Written consent statement

For paragraph 30(2)(c) of the Act, I state that I, and the following persons and authorities, have given written consent to the transfer of the prisoner from the transfer country to Australia:

(a) *[name of prisoner]/*[name of prisoner’s representative];

(b) [name of representative of appropriate authority of transfer country];

(c) [name and title of relevant State Minister].

*3 Transfer procedures or authorisations etc.

*For subsection 30(4) of the Act, I:

[specify any procedures for the transfer of the prisoner to Australia that have been agreed upon with the transfer country and give any necessary authorisations and directions]

Dated:

 

.......................................................

*AttorneyGeneral

*Minister for Justice

*Omit if not applicable

 

 

Form 10Warrant for transfer to AustraliaTribunal prisoner not on parole

(paragraph 10 (a))

COMMONWEALTH OF AUSTRALIA

International Transfer of Prisoners Act 1997

WARRANT FOR TRANSFER TO AUSTRALIA OF TRIBUNAL PRISONER NOT ON PAROLE

1 Authorisation of transfer

I, [name], *AttorneyGeneral/*Minister for Justice of the Commonwealth of Australia, acting under section 38 of the International Transfer of Prisoners Act 1997 (the Act), authorise the transfer of [name of Tribunal prisoner] (the prisoner), born on [prisoner’s date of birth], and serving a sentence of imprisonment imposed by [name of Tribunal], from [name of Tribunal country] (the Tribunal country) to Australia to complete the prisoner’s sentence in accordance with the terms mentioned in the directions on sentence enforcement given by the AttorneyGeneral under section 42 or 44 of the Act.

2 Written consent statement

For paragraph 39 (2) (c) of the Act, I state that I, and the following persons and authorities, have given written consent to the transfer of the prisoner from the Tribunal country to Australia:

(a) *[name of prisoner]/*[name of prisoner’s representative];

(b) [name of Tribunal];

(c) [name and title of relevant State Minister].

3 Authorisation to collect prisoner

For subsection 39 (3) of the Act, I authorise [title of escort *officer/*officers] (the escort *officer/*officers) to collect the prisoner from [place from which the prisoner is to be collected].

*4 Authorisation to transport, escort, take into custody etc

[Complete the next paragraph if the prisoner is to be collected from a place in the Tribunal country]

*For subsection 39 (3) of the Act, I also authorise:

(a) the escort *officer/*officers to transport the prisoner in custody to Australia, and surrender the prisoner to [title of person appointed by the AttorneyGeneral for paragraph 39 (3) (b) of the Act] (the appointed person); and

*(b) the appointed person to escort the prisoner in custody to [name of prison, hospital or other place where the prisoner is to begin to complete serving the sentence of imprisonment].

[Complete the next paragraph if the prisoner is to be collected from a place in Australia]

*For subsection 39 (3) of the Act, I also authorise the escort *officer/*officers to escort the prisoner to [name of prison, hospital or other place where the prisoner is to begin to complete serving the sentence of imprisonment].

[Complete the next paragraph if the prisoner is to be escorted to a prison in Australia]

*For subsection 39 (3) of the Act, I also require [title of superintendent of the prison to which the prisoner is to be escorted], superintendent of [name of prison to which the prisoner is to be escorted], to take the prisoner into custody to be dealt with in accordance with the terms agreed under the Act.

[Complete the next paragraph if the prisoner is to be escorted to a hospital or other place in Australia]

*For subsection 39 (3) of the Act, I also authorise the detention of the prisoner in [name of hospital or other place to which the prisoner is to be escorted] to be dealt with in accordance with the terms agreed under the Act.

Dated:

 

 

.......................................................

*AttorneyGeneral

*Minister for Justice

*Omit if not applicable

 

Form 11Warrant for transfer to AustraliaTribunal prisoner on parole

(paragraph 10 (b))

COMMONWEALTH OF AUSTRALIA

International Transfer of Prisoners Act 1997

WARRANT FOR TRANSFER TO AUSTRALIA OF TRIBUNAL PRISONER ON PAROLE

1 Authorisation of transfer

I, [name], *AttorneyGeneral/*Minister for Justice of the Commonwealth of Australia, acting under section 38 of the International Transfer of Prisoners Act 1997 (the Act), authorise the transfer of [name of prisoner] (the prisoner), born on [prisoner’s date of birth], who has been released on parole, from [name of Tribunal country] (the Tribunal country) to Australia to complete the prisoner’s sentence in accordance with the terms mentioned in the directions on sentence enforcement given by the AttorneyGeneral under section 42 or 44 of the Act.

2 Written consent statement

For paragraph 39 (2) (c) of the Act, I state that I, and the following persons and authorities, have given written consent to the transfer of the prisoner from the Tribunal country to Australia:

(a) *[name of prisoner]/*[name of prisoner’s representative];

(b) [name of Tribunal];

(c) [name and title of relevant State Minister].

*3 Transfer procedures or authorisations etc

*For subsection 39 (4) of the Act, I:

[specify any procedures for the transfer of the prisoner to Australia that have been agreed upon with the Tribunal and give any necessary authorisations and directions]

Dated:

 

 

.......................................................

*AttorneyGeneral

*Minister for Justice

*Omit if not applicable

 

Form 12Direction that prisoner not be detained

(subregulation 11 (1))

COMMONWEALTH OF AUSTRALIA

International Transfer of Prisoners Act 1997

DIRECTION THAT PRISONER NOT BE DETAINED

I, [name], *AttorneyGeneral/*Minister for Justice of the Commonwealth of Australia, acting under subsection 49 (2) of the International Transfer of Prisoners Act 1997 (the Act), satisfied that [name of prisoner] (the prisoner) was transferred from [name of transfer country] (the transfer country) to Australia on [date of transfer] to complete serving a sentence of imprisonment imposed by the transfer country, direct that the prisoner is not to be detained in custody, or otherwise subjected to detention or supervision in Australia, under the sentence of imprisonment imposed by the transfer country and enforced under the Act only because of that sentence.

I give this direction:

*(a) having been advised that the prisoner has been *pardoned/*granted amnesty/*granted commutation of the sentence of imprisonment under an Australian law;

*(b) having been notified by the authorities of the transfer country that the prisoner’s conviction has been quashed or otherwise nullified under the law of the transfer country;

*(c) having been notified by the authorities of the transfer country that the prisoner has been *pardoned/*granted amnesty/*granted commutation of sentence of imprisonment under the law of the transfer country.

Dated:

 

 

.......................................................

*AttorneyGeneral

*Minister for Justice

*Omit if not applicable

 

Form 13Direction that Tribunal prisoner not be detained

(subregulation 11 (2))

COMMONWEALTH OF AUSTRALIA

International Transfer of Prisoners Act 1997

DIRECTION THAT TRIBUNAL PRISONER NOT BE DETAINED

I, [name], *AttorneyGeneral/*Minister for Justice of the Commonwealth of Australia, acting under subsection 49 (3) of the International Transfer of Prisoners Act 1997 (the Act), satisfied that [name of Tribunal prisoner] (the prisoner) was transferred from [name of Tribunal country] (the Tribunal country) to Australia on [date of transfer] to complete serving a sentence of imprisonment imposed by [name of Tribunal] (the Tribunal), direct that the prisoner is not to be detained in custody, or otherwise subjected to detention or supervision in Australia, under the sentence of imprisonment imposed by the Tribunal and enforced under the Act only because of that sentence.

I give this direction:

*(a) having been notified by the Tribunal that the prisoner may be *pardoned/*granted amnesty/*granted commutation of the sentence of imprisonment under an Australian law, and being satisfied that the prisoner has been *pardoned/*granted amnesty/*granted commutation of sentence of imprisonment under an Australian law;

*(b) having been notified by the Tribunal that the prisoner’s conviction has been quashed or otherwise nullified;

*(c) having been notified by the Tribunal that the prisoner has been *pardoned/*granted amnesty/*granted commutation of sentence of imprisonment by the Tribunal;

Dated:

 

 

.......................................................

*AttorneyGeneral

*Minister for Justice

*Omit if not applicable

 

Form 14Application for warrant to hold prisoner in custody

(regulation 12)

Commonwealth of Australia

International Transfer of Prisoners Act 1997

APPLICATION FOR WARRANT TO HOLD PRISONER IN CUSTODY DURING TRANSPORT THROUGH AUSTRALIA

TO: [name of Magistrate]

I, [name], a representative of [name of *transfer country/*Tribunal] (the *transfer country/*Tribunal), under subparagraph 55 (1) (b) (iii) of the Act and on behalf of the *transfer country/*Tribunal, apply for the issue of a warrant ordering [title of person in whose custody the prisoner is to be held] to hold [name of prisoner] (the prisoner) in custody, for a period that you consider necessary, so that the prisoner can be transported from [name of *transfer country/*Tribunal country from which the prisoner is being transferred] to [name of *transfer country/*Tribunal country to which the prisoner is being transferred].

Dated

…………………………

Applicant

*   Omit if not applicable

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnotes about misdescribed amendments and other matters are included in a compilation only as necessary.

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

 

A = Act

o = order(s)

ad = added or inserted

Ord = Ordinance

am = amended

orig = original

amdt = amendment

par = paragraph(s)/subparagraph(s)

c = clause(s)

    /subsubparagraph(s)

C[x] = Compilation No. x

pres = present

Ch = Chapter(s)

prev = previous

def = definition(s)

(prev…) = previously

Dict = Dictionary

Pt = Part(s)

disallowed = disallowed by Parliament

r = regulation(s)/rule(s)

Div = Division(s)

Reg = Regulation/Regulations

exp = expires/expired or ceases/ceased to have

reloc = relocated

    effect

renum = renumbered

F = Federal Register of Legislative Instruments

rep = repealed

gaz = gazette

rs = repealed and substituted

LI = Legislative Instrument

s = section(s)/subsection(s)

LIA = Legislative Instruments Act 2003

Sch = Schedule(s)

(md) = misdescribed amendment can be given

Sdiv = Subdivision(s)

    effect

SLI = Select Legislative Instrument

(md not incorp) = misdescribed amendment

SR = Statutory Rules

    cannot be given effect

SubCh = SubChapter(s)

mod = modified/modification

SubPt = Subpart(s)

No. = Number(s)

underlining = whole or part not

 

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Number and year

FRLI registration or gazettal

Commencement

Application, saving and transitional provisions

2002 No. 188

15 Aug 2002

15 Aug 2002

 

2011 No. 174

6 Oct 2011 (F2011L02034)

7 Oct 2011 (r 2)

r 4

No 146, 2015

26 Aug 2015 (F2015L01324)

5 Sept 2015 (s 2(1) item 1)

 

Endnote 4—Amendment history

 

Provision affected

How affected

Part 1

 

Part 1 heading.............

ad No 146, 2015

r 3.....................

rs No 146, 2015

r 5.....................

rep No 146, 2015

r 6.....................

rep No 146, 2015

Part 2

 

Part 2 heading.............

ad No 146, 2015

r 7.....................

am No 146, 2015

r 9.....................

am No 146, 2015

Part 3

 

Division 1

 

Part 3...................

ad No 146, 2015

 

rep 5 Sept 2017 (s 14)

s 13....................

ad No 146, 2015

 

rep 5 Sept 2017 (s 14)

s 14....................

ad No 146, 2015

 

rep 5 Sept 2017 (s 14)

Schedule 1

 

Form 1..................

rs. 2011 No. 174

 

rep No 146, 2015

Form 2..................

rs. 2011 No. 174

 

rep No 146, 2015

Form 3..................

rs. 2011 No. 174

 

rep No 146, 2015

Form 4..................

rs. 2011 No. 174

 

rep No 146, 2015

Form 5..................

rs. 2011 No. 174

 

am No 146, 2015

Form 6..................

rs. 2011 No. 174

Form 6A.................

ad No 146, 2015

Form 7..................

rs. 2011 No. 174

Form 8..................

rs. 2011 No. 174

 

am No 146, 2015

Form 9..................

rs. 2011 No. 174

Form 9A.................

ad No 146, 2015

Form 10.................

rs. 2011 No. 174

Form 11.................

rs. 2011 No. 174

Form 12.................

rs. 2011 No. 174

Form 13.................

rs. 2011 No. 174

Form 13.................

rs. 2011 No. 174