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Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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

(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

(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]

(17/04)