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This is a Bill, not an Act. For current law, see the Acts databases.


PRISONERS (INTERSTATE TRANSFER) AMENDMENT BILL 2007

                       Western Australia


Prisoners (Interstate Transfer) Amendment Bill
                      2007

                          CONTENTS


   1.    Short title                                             2
   2.    Commencement                                            2
   3.    The Act amended                                         2
   4.    Heading to Part II replaced                             2
         Part II -- Transfer at request of prisoner
   5.    Section 5 amended                                       2
   6.    Section 8A inserted                                     2
         8A.       Matters to which the Minister may have
                   regard                                   2
   7.    Section 9 amended                                       3
   8.    Section 21 amended                                      3




                             250--1                              page i
                           Western Australia


                     LEGISLATIVE ASSEMBLY



   Prisoners (Interstate Transfer) Amendment
                    Bill 2007


                               A Bill for


An Act to amend the Prisoners (Interstate Transfer) Act 1983.



The Parliament of Western Australia enacts as follows:




                                                                page 1
     Prisoners (Interstate Transfer) Amendment Bill 2007



     s. 1




     1.       Short title
              This is the Prisoners (Interstate Transfer) Amendment Act 2007.

     2.       Commencement
              This Act comes into operation as follows:
 5             (a) sections 1 and 2 -- on the day on which this Act
                     receives the Royal Assent;
               (b) the rest of the Act -- on the day after that day.

     3.       The Act amended
              The amendments in this Act are to the Prisoners (Interstate
10            Transfer) Act 1983.

     4.       Heading to Part II replaced
              The heading to Part II is deleted and the following heading is
              inserted instead --
     "
15                Part II -- Transfer at request of prisoner
                                                                                ".
     5.       Section 5 amended
              Section 5(1)(b), (3)(b) and (5)(b) are each amended by deleting
              "in the interests of the welfare of the prisoner".

20   6.       Section 8A inserted
              After section 8 the following section is inserted --
     "
            8A.      Matters to which the Minister may have regard
                     In forming an opinion or exercising a discretion under
25                   this Part, the Minister may have regard to any one or
                     more of the following --
                       (a) the welfare of the prisoner or person concerned;

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                                     Prisoners (Interstate Transfer) Amendment Bill 2007



                                                                                          s. 7



                               (b)   the administration of justice in this or any other
                                     State;
                               (c)   the security and good order of any prison in this
                                     or any other State;
 5                             (d)   the safe custody of the prisoner or person
                                     concerned;
                               (e)   the protection of the community in this or any
                                     other State;
                               (f)   any other matter the Minister considers
10                                   relevant.
                                                                                           ".

     7.              Section 9 amended
                     Section 9(1) is amended by deleting "may have regard to
                     reports" and inserting instead --
15                   "     by reference to reports   ".

     8.              Section 21 amended
          (1)        Section 21(1)(a) is amended by deleting "that it is in the
                     interests of the welfare of the person".
          (2)        After section 21(1) the following subsection is inserted --
20              "
                    (1a)     In forming an opinion or exercising a discretion under
                             this Part, the Minister may have regard to any one or
                             more of the following --
                               (a) the welfare of the person concerned;
25                             (b) the administration of justice in this or any other
                                     State;
                               (c) the security and good order of any prison in this
                                     or any other State;
                               (d) the safe custody of the person concerned;



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    Prisoners (Interstate Transfer) Amendment Bill 2007



    s. 8



                    (e)    the protection of the community in this or any
                           other State;
                     (f)   any other matter the Minister considers
                           relevant.
5                                                                           ".




 


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