AustLII Tasmanian Numbered Acts

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INTERNATIONAL TRANSFER OF PRISONERS (TASMANIA) ACT 1997 (NO. 33 OF 1997) - SECT 10

Prisoners (Interstate Transfer) Act 1982 amended

The Prisoners (Interstate Transfer) Act 1982 is amended as follows:
(a) by omitting from section 3(1) the definition of "Australian Capital Territory";
(b) by omitting from section 3(1) the definition of "corresponding Minister" and substituting the following definition:
corresponding Minister, in relation to a participating State, means the Minister of that State who is responsible for the administration of the interstate law of that State;
(c) by omitting from section 3(1) the definition of "joint prisoner" and substituting the following definition:
joint prisoner means a person upon whom both a Commonwealth sentence of imprisonment has been imposed and any one of the following sentences of imprisonment has been imposed:
(a) a State sentence of imprisonment;
(b) a State sentence of imprisonment as defined by an interstate law;
(c) an ACT sentence of imprisonment as defined by the Prisoners (Interstate Transfer) Act 1993 of the Australian Capital Territory;
(d) a Territory sentence of imprisonment as defined by the Prisoners (Interstate Transfer) Act of the Northern Territory;
(d) by omitting from section 3(1) the definition of "participating State" and substituting the following definition:
participating State means a State in which an interstate law is in force;
(e) by omitting from section 3(1) the definition of "sentence of imprisonment" and substituting the following definition:
sentence of imprisonment means –
(a) a State sentence of imprisonment; or
(b) a State sentence of imprisonment as defined by an interstate law; or
(c) an ACT sentence of imprisonment as defined by the Prisoners (Interstate Transfer) Act 1993 of the Australian Capital Territory; or
(d) a Territory sentence of imprisonment as defined by the Prisoners (Interstate Transfer) Act of the Northern Territory; or
(e) where relevant, a Commonwealth sentence of imprisonment;
(f) by inserting in the definition of "State" in section 3(1) "the Australian Capital Territory and" after "includes";
(g) by omitting from section 3(1) the definition of "Territory" and substituting the following definition:
Territory means the Territory of Norfolk Island, the Territory of Christmas Island, the Territory of Cocos (Keeling) Islands or the Jervis Bay Territory;
(h) by omitting subsection (5) of section 3 and substituting the following subsections:
(5)  In the case of a State other than the Australian Capital Territory or the Northern Territory, a reference in this Act to the Governor of a participating State includes a reference to any person exercising and performing all the powers and functions of the Governor of that State.
(5A)  In the case of the Australian Capital Territory –
(a) the reference in section 26(5) to the Governor of a participating State is a reference to the Governor-General; and
(b) the references in section 26(6)(b) to the Governor of a participating State are references to the Governor-General or to the Executive within the meaning of the Australian Capital Territory (Self-Government) Act 1988 of the Commonwealth.
(5B)  In the case of the Northern Territory, a reference in this Act to the Governor of a participating State is a reference to the Administrator of the Northern Territory, and includes a reference to any person exercising and performing all the powers and functions of the Administrator.
(5C)  A reference in this Act to the Governor-General includes a reference to any person exercising and performing all the powers and functions of the Governor-General.



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