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TASMANIA
__________
INTERSTATE TRANSFERS (MISCELLANEOUS
AMENDMENTS) BILL 2013
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
PART 2 - INTERSTATE TRANSFER (COMMUNITY-BASED
SENTENCES) ACT 2009 AMENDED
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 12 amended (Effect of registration in another State or a
Territory)
6. Part 3A inserted
PART 3A - Reciprocal Arrangements for Administration of
Local and Interstate Sentences
13A. Ministerial arrangements for the administration of
local and interstate sentences
13B. Issue of interstate travel permit to local offender
13C. Effect of interstate travel permit issued to local
offender
13D. Powers exercisable in relation to interstate offenders
13E. Powers of interstate law enforcement officers
13F. Operation of Service and Execution of Process Act
1992 of the Commonwealth
7. Section 18 amended (Effect of registration under this Part)
8. Section 23 amended (Delegation)
[Bill 41]-I
PART 3 - PAROLE ORDERS (TRANSFER) ACT 1983 AMENDED
9. Principal Act
10. Part 1: Heading inserted
PART 1 - Preliminary
11. Section 3 amended (Interpretation)
12. Part 2: Heading inserted
PART 2 - Registration of Parole Orders
13. Section 5 amended (Requests for registration of transferred
parole orders)
14. Section 6 amended (Documents to accompany requests)
15. Section 7 substituted
7. Matters to which Minister is to have regard
16. Section 8 amended (Registration)
17. Section 9 amended (Effect of registration)
18. Section 10 amended (Effect of transfer of parole order to another
State or a Territory)
19. Part 3: Heading inserted
PART 3 - Reciprocal Arrangements for Administration of
Tasmanian and Interstate Parole Orders
20. Sections 10A, 10B, 10C, 10D, 10E and 10F inserted
10A. Ministerial arrangements for the administration of
Tasmanian and interstate parole orders
10B. Issue of interstate travel permit to Tasmanian parolee
10C. Effect of interstate travel permit issued to Tasmanian
parolee
10D. Powers exercisable in relation to interstate parolees
10E. Powers of interstate law enforcement officers
10F. Operation of Service and Execution of Process Act
1992 of the Commonwealth
21. Part 4: Heading inserted
PART 4 - Miscellaneous
22. Section 11A inserted
11A. Use of documents and information
PART 4 - PRISONERS (INTERSTATE TRANSFER) ACT 1982
AMENDED
23. Principal Act
2
24. Section 3 amended (Interpretation)
25. Section 22 amended (Transfer in custody of escort)
26. Section 29 amended (Lawful custody for transit through
Tasmania)
27. Section 30 amended (Escape from custody of person being
transferred)
PART 5 - MISCELLANEOUS
28. Repeal of Act
3
4
INTERSTATE TRANSFERS (MISCELLANEOUS
AMENDMENTS) BILL 2013
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
P. R. ALCOCK, Clerk of the House
27 August 2013
(Brought in by the Minister for Corrections and Consumer
Protection, the Honourable Nicholas James McKim)
A BILL FOR
An Act to amend the Interstate Transfer (Community-based
Sentences) Act 2009, the Parole Orders (Transfer) Act 1983
and the Prisoners (Interstate Transfer) Act 1982
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Interstate Transfers
(Miscellaneous Amendments) Act 2013.
2. Commencement
The provisions of this Act commence on a day
or days to be proclaimed.
[Bill 41] 5
Interstate Transfers (Miscellaneous Amendments) Act 2013
Act No. of
s. 3 Part 2 - Interstate Transfer (Community-based Sentences) Act 2009
Amended
PART 2 - INTERSTATE TRANSFER (COMMUNITY-
BASED SENTENCES) ACT 2009 AMENDED
3. Principal Act
In this Part, the Interstate Transfer (Community-
based Sentences) Act 2009* is referred to as the
Principal Act.
4. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended as
follows:
(a) by inserting the following definition after
the definition of corresponding law:
corresponding Minister, in relation to
an interstate jurisdiction, means
the person who has powers under
the corresponding law of that
jurisdiction that correspond to the
powers of the Minister under this
Act;
(b) by inserting the following definitions
after the definition of Director,
Community Corrections:
interstate authority for an interstate
jurisdiction is the entity that is the
local authority for the jurisdiction
*No. 17 of 2009
6
Interstate Transfers (Miscellaneous Amendments) Act 2013
Act No. of
Part 2 - Interstate Transfer (Community-based Sentences) Act 2009 s. 4
Amended
under the corresponding law of
the jurisdiction;
interstate jurisdiction means a
participating jurisdiction other
than this jurisdiction;
interstate law enforcement officer, in
relation to an interstate
jurisdiction, means a local law
enforcement officer within the
meaning of the corresponding law
of that jurisdiction;
interstate offender means an offender
who is subject to an interstate
sentence;
interstate sentence means a
community-based sentence in
force in an interstate jurisdiction;
interstate travel permit means an
interstate travel permit issued
under section 13B or an interstate
travel permit (however described)
issued under the corresponding
law of another State or a
Territory;
jurisdiction means a State or Territory
of the Commonwealth;
local authority for this jurisdiction is
the Director of Corrective
Services appointed under the
7
Interstate Transfers (Miscellaneous Amendments) Act 2013
Act No. of
s. 4 Part 2 - Interstate Transfer (Community-based Sentences) Act 2009
Amended
Corrections Act 1997 or such
other person as may be
prescribed;
local law enforcement officer means a
correctional officer, or probation
officer, within the meaning of the
Corrections Act 1997, or a police
officer;
local offender means an offender who
is subject to a Tasmanian
community-based sentence;
local sentence means a community-
based sentence in force in this
jurisdiction;
Ministerial arrangements means
arrangements referred to in
section 13A;
(c) by inserting the following definitions
after the definition of offender:
originating jurisdiction, in relation to
a community-based sentence,
means the jurisdiction in which
the sentence was originally
imposed;
participating jurisdiction means this
jurisdiction or a State or Territory
of the Commonwealth declared
by the regulations to be a
participating jurisdiction;
8
Interstate Transfers (Miscellaneous Amendments) Act 2013
Act No. of
Part 2 - Interstate Transfer (Community-based Sentences) Act 2009 s. 5
Amended
(d) by inserting the following definition after
the definition of serve:
this jurisdiction means Tasmania;
5. Section 12 amended (Effect of registration in
another State or a Territory)
Section 12 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)(d)
"Part 4." and substituting "Part 4; and";
(b) by inserting the following paragraph after
paragraph (d) in subsection (1):
(e) proceedings against the offender
may not be commenced under the
law of this jurisdiction in relation
to any breach of the conditions
attached to the sentence that
occurred before it was registered
in the interstate jurisdiction.
(c) by inserting the following subsection
after subsection (2):
(2A) This section does not affect any
sentence which -
(a) imposes a fine or other
financial penalty
(however described); or
9
Interstate Transfers (Miscellaneous Amendments) Act 2013
Act No. of
s. 6 Part 2 - Interstate Transfer (Community-based Sentences) Act 2009
Amended
(b) requires the making of
reparation (however
described) -
and, to that extent, the sentence
remains a sentence in force in the
jurisdiction in which it was
originally imposed and may be
enforced accordingly.
6. Part 3A inserted
After section 13 of the Principal Act, the
following Part is inserted:
PART 3A - RECIPROCAL ARRANGEMENTS FOR
ADMINISTRATION OF LOCAL AND INTERSTATE
SENTENCES
13A. Ministerial arrangements for the
administration of local and interstate
sentences
(1) The Minister may enter into
arrangements with the corresponding
Minister of an interstate jurisdiction so as
to facilitate -
(a) the administration, within this
jurisdiction, of interstate
sentences imposed under a law of
the interstate jurisdiction; and
(b) the administration, within the
interstate jurisdiction, of local
10
Interstate Transfers (Miscellaneous Amendments) Act 2013
Act No. of
Part 2 - Interstate Transfer (Community-based Sentences) Act 2009 s. 6
Amended
sentences, either in relation to
particular local offenders or
interstate offenders or particular
classes of local offenders or
interstate offenders.
(2) In particular, arrangements referred to in
subsection (1) may be entered into so as
to facilitate -
(a) travel to the interstate jurisdiction
by local offenders; and
(b) travel to this jurisdiction by
interstate offenders.
(3) The local authority has, and may
exercise, such powers, authorities, duties
and functions as are necessary, under the
relevant Ministerial arrangements, for the
administration of interstate sentences in
relation to interstate offenders who are
present in this jurisdiction.
(4) For the purposes of the law of this
jurisdiction with respect to local
sentences, anything that is done -
(a) by the appropriate interstate
authority of an interstate
jurisdiction; and
(b) in accordance with the relevant
Ministerial arrangements; and
11
Interstate Transfers (Miscellaneous Amendments) Act 2013
Act No. of
s. 6 Part 2 - Interstate Transfer (Community-based Sentences) Act 2009
Amended
(c) in the administration of a local
sentence in relation to a local
offender who is present in the
interstate jurisdiction -
is taken to have been done pursuant to
the law of this jurisdiction.
13B. Issue of interstate travel permit to local
offender
(1) This section applies to a local offender
whose sentence is subject to a condition
(whether imposed by the sentence or
otherwise) that prohibits the offender
from leaving this jurisdiction without
permission.
(2) Permission to leave this jurisdiction may
be granted, varied and revoked, and
conditions of permission may be imposed
and varied, in accordance with the
relevant Ministerial arrangements.
(3) After any permission referred to in
subsection (2) is granted, the local
authority -
(a) must incorporate the terms and
conditions of the permission in an
interstate travel permit; and
(b) must issue a copy of the permit to
the offender; and
12
Interstate Transfers (Miscellaneous Amendments) Act 2013
Act No. of
Part 2 - Interstate Transfer (Community-based Sentences) Act 2009 s. 6
Amended
(c) must provide -
(i) a copy of the permit; and
(ii) such other documents or
information about the
offender as are required or
authorised to be sent
under the relevant
Ministerial
arrangements -
to the interstate authority of each
interstate jurisdiction to which the
permit authorises travel.
(4) After the terms or conditions of any
permission referred to in subsection (2)
are varied, the local authority -
(a) must incorporate the terms and
conditions of the permission, as
varied, in an amended interstate
travel permit; and
(b) must issue a copy of the amended
permit to the offender; and
(c) must provide -
(i) a copy of the amended
permit; and
(ii) such other documents or
information as are
relevant to the variation -
13
Interstate Transfers (Miscellaneous Amendments) Act 2013
Act No. of
s. 6 Part 2 - Interstate Transfer (Community-based Sentences) Act 2009
Amended
to the interstate authority of each
interstate jurisdiction to which the
permit authorises travel.
(5) After any permission referred to in
subsection (2) is revoked, the local
authority must provide written notice of
that fact to the offender and to the
interstate authority of each interstate
jurisdiction to which the permit
authorised travel.
(6) An interstate travel permit ceases to have
effect in an interstate jurisdiction to
which it authorises travel -
(a) if written notice referred to in
subsection (5) is provided to the
interstate authority of that
jurisdiction (regardless of
whether or not the offender has
received the notice); or
(b) if the offender is arrested
pursuant to a warrant issued
under the corresponding law of
that jurisdiction; or
(c) if the timeframes for travel
authorised by the travel permit
lapse.
14
Interstate Transfers (Miscellaneous Amendments) Act 2013
Act No. of
Part 2 - Interstate Transfer (Community-based Sentences) Act 2009 s. 6
Amended
13C. Effect of interstate travel permit issued to
local offender
(1) This section applies in respect of any
period during which -
(a) an interstate travel permit is in
force in respect of a local
offender; and
(b) the local offender is present in an
interstate jurisdiction to which the
permit authorises travel.
(2) For the purposes of the law of this
jurisdiction with respect to local
sentences -
(a) the conditions of the interstate
travel permit are taken to be
substituted for the conditions of
the relevant local sentence; and
(b) any compliance or non-
compliance by the offender with
the conditions of the interstate
travel permit are taken to be
compliance or non-compliance,
as the case may be, with the
conditions of the relevant local
sentence.
15
Interstate Transfers (Miscellaneous Amendments) Act 2013
Act No. of
s. 6 Part 2 - Interstate Transfer (Community-based Sentences) Act 2009
Amended
13D. Powers exercisable in relation to interstate
offenders
(1) This section applies to an interstate
offender -
(a) who holds an interstate travel
permit that authorises the
offender to travel to this
jurisdiction; and
(b) who is present in this jurisdiction.
(2) The local authority may issue a warrant
for the offender's arrest -
(a) if advised by the relevant
interstate authority that the
interstate travel permit is no
longer in force in this
jurisdiction; or
(b) if of the opinion that the offender
has failed to comply with the
conditions of the interstate travel
permit.
(3) A warrant under subsection (2) is
sufficient authority for a local law
enforcement officer -
(a) to arrest the offender; and
(b) to convey the offender to a place
specified in the warrant (whether
16
Interstate Transfers (Miscellaneous Amendments) Act 2013
Act No. of
Part 2 - Interstate Transfer (Community-based Sentences) Act 2009 s. 6
Amended
in this jurisdiction or an interstate
jurisdiction); and
(c) to deliver the offender into the
custody of an interstate law
enforcement officer of the
jurisdiction in which the interstate
travel permit was issued.
(4) For the avoidance of doubt, a warrant
issued under subsection (2) authorises a
local law enforcement officer to convey
the offender within or across any
interstate jurisdiction for the purpose of
taking the offender to a place specified in
the warrant.
13E. Powers of interstate law enforcement
officers
A warrant issued under the
corresponding law of an interstate
jurisdiction that authorises an interstate
law enforcement officer of that
jurisdiction to convey an interstate
offender or local offender within or
across this jurisdiction for the purpose of
taking the offender to a place specified in
the warrant has effect, in this jurisdiction,
according to its tenor.
17
Interstate Transfers (Miscellaneous Amendments) Act 2013
Act No. of
s. 7 Part 2 - Interstate Transfer (Community-based Sentences) Act 2009
Amended
13F. Operation of Service and Execution of
Process Act 1992 of the Commonwealth
Nothing in this Act limits or otherwise
affects the operation of the Service and
Execution of Process Act 1992 of the
Commonwealth.
7. Section 18 amended (Effect of registration under
this Part)
Section 18 of the Principal Act is amended as
follows:
(a) by inserting the following subsection
after subsection (2):
(2A) Subsection (1)(e) applies only for
the purpose of determining the
penalty to be imposed for the
relevant offence in circumstances
in which the offender is, under
the law of this jurisdiction, re-
sentenced in relation to that
offence.
(b) by inserting the following subsection
after subsection (4):
(5) This section does not apply to an
interstate sentence to the extent to
which -
18
Interstate Transfers (Miscellaneous Amendments) Act 2013
Act No. of
Part 2 - Interstate Transfer (Community-based Sentences) Act 2009 s. 8
Amended
(a) it imposes a fine or other
financial penalty
(however described); or
(b) it requires the making of
reparation (however
described).
8. Section 23 amended (Delegation)
Section 23 of the Principal Act is amended by
inserting after subsection (2) the following
subsection:
(3) The local authority may delegate any of
his or her functions or powers under this
Act other than this power of delegation.
19
Interstate Transfers (Miscellaneous Amendments) Act 2013
Act No. of
s. 9 Part 3 - Parole Orders (Transfer) Act 1983 Amended
PART 3 - PAROLE ORDERS (TRANSFER) ACT 1983
AMENDED
9. Principal Act
In this Part, the Parole Orders (Transfer) Act
1983* is referred to as the Principal Act.
10. Part 1: Heading inserted
The Principal Act is amended by inserting the
following heading before section 1:
PART 1 - PRELIMINARY
11. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as
follows:
(a) by omitting "the person or body with"
from the definition of designated
authority and substituting "the person
(other than a body corporate) having";
(b) by inserting the following definitions
after the definition of designated
authority:
Director means the Director,
Community Corrections, within
the meaning of the Interstate
Transfer (Community-based
Sentences) Act 2009;
*No. 67 of 1983
20
Interstate Transfers (Miscellaneous Amendments) Act 2013
Act No. of
Part 3 - Parole Orders (Transfer) Act 1983 Amended s. 11
interstate Director, in relation to
another State or a Territory,
means the person or body having
powers under the corresponding
law of that State or Territory that
correspond to those of the
Director under this Act;
interstate law enforcement officer, in
relation to another State or a
Territory, means a local law
enforcement officer within the
meaning of the corresponding law
of that State or Territory;
interstate parolee means a person to
whom an interstate parole order
relates;
interstate parole order means a parole
order made under a law of
another State or a Territory;
interstate travel permit means an
interstate travel permit issued
under section 10B or an interstate
travel permit (however described)
issued under the corresponding
law of another State or a
Territory;
local law enforcement officer means a
correctional officer, or probation
officer, within the meaning of the
Corrections Act 1997, or a police
officer;
21
Interstate Transfers (Miscellaneous Amendments) Act 2013
Act No. of
s. 11 Part 3 - Parole Orders (Transfer) Act 1983 Amended
(c) by omitting "time;" from paragraph (b)
of the definition of parole order and
substituting "time; and";
(d) by inserting the following paragraph after
paragraph (b) in the definition of parole
order:
(c) a prospective parole order, but
only for the purpose of making or
dealing with a request under
section 5;
(e) by inserting the following definition after
the definition of Registrar:
relevant Ministerial arrangements, in
relation to another State or a
Territory, means arrangements
entered into under section 10A
between the Minister and the
designated authority of that State
or Territory;
(f) by inserting the following definitions
after the definition of sentence of
imprisonment:
Tasmanian parole order means a
parole order made under a law of
Tasmania;
Tasmanian parolee means a person to
whom a Tasmanian parole order
relates;
22
Interstate Transfers (Miscellaneous Amendments) Act 2013
Act No. of
Part 3 - Parole Orders (Transfer) Act 1983 Amended s. 12
12. Part 2: Heading inserted
The Principal Act is amended by inserting the
following heading after section 3:
PART 2 - REGISTRATION OF PAROLE ORDERS
13. Section 5 amended (Requests for registration of
transferred parole orders)
Section 5 of the Principal Act is amended as
follows:
(a) by omitting from subsection (2) "that is
in force" and substituting "made";
(b) by inserting the following subsections
after subsection (2):
(3) A direction or request is not to be
made under this section unless
the Minister is satisfied that the
person to whom the parole order
relates -
(a) has given consent to, or
has requested, the
registration of the parole
order under this Act or
under the relevant
corresponding law (as the
case requires), and has not
withdrawn that consent or
request; or
(b) is present in the State or
Territory in which the
23
Interstate Transfers (Miscellaneous Amendments) Act 2013
Act No. of
s. 14 Part 3 - Parole Orders (Transfer) Act 1983 Amended
order is proposed to be
registered.
(4) A person who has given consent
to, or has requested, the
registration of a parole order, as
referred to in subsection (3)(a),
may withdraw the consent or
request at any time before (but
not after) the parole order is
registered.
14. Section 6 amended (Documents to accompany
requests)
Section 6 of the Principal Act is amended as
follows:
(a) by omitting from subsection (2) "a
person purporting to be the person in
whose custody the original is entrusted"
and substituting "the Registrar";
(b) by inserting the following subsection
after subsection (2):
(3) In subsection (1)(a), a reference
to a parole order (including any
variation of a parole order) is a
reference not only to the original
but also to a copy that, under a
law of this State, has the same
effect as the original.
24
Interstate Transfers (Miscellaneous Amendments) Act 2013
Act No. of
Part 3 - Parole Orders (Transfer) Act 1983 Amended s. 15
15. Section 7 substituted
Section 7 of the Principal Act is repealed and the
following section is substituted:
7. Matters to which Minister is to have regard
In determining whether to make a
direction or request under section 5, the
Minister must have regard to the
following matters:
(a) the interests (including the
welfare) of the person to whom
the parole order relates;
(b) the administration of justice in
this or any other State or a
Territory;
(c) the protection of the community
in this or any other State or a
Territory;
(d) any other matter the Minister
considers relevant.
16. Section 8 amended (Registration)
Section 8 of the Principal Act is amended by
inserting after subsection (1) the following
subsection:
(1A) Despite subsection (1), a parole order
must not be registered under this Act
unless, or until, the person to whom the
order relates is present in this State.
25
Interstate Transfers (Miscellaneous Amendments) Act 2013
Act No. of
s. 17 Part 3 - Parole Orders (Transfer) Act 1983 Amended
17. Section 9 amended (Effect of registration)
Section 9 of the Principal Act is amended as
follows:
(a) by inserting the following subsection
after subsection (2):
(2A) Without limiting subsections (1)
and (2), the person to whom the
parole order relates may be dealt
with under the laws of this State
in relation to any breach of the
conditions of the parole order that
occurred after the person left the
other State or Territory and
before the parole order was
registered under this Act.
(b) by omitting subsection (4).
18. Section 10 amended (Effect of transfer of parole
order to another State or a Territory)
Section 10 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)(c)
"State." and substituting "State; and";
(b) by inserting the following paragraph after
paragraph (c) in subsection (1):
(d) proceedings against the person to
whom the parole order relates
may not be commenced or
continued under the laws of this
26
Interstate Transfers (Miscellaneous Amendments) Act 2013
Act No. of
Part 3 - Parole Orders (Transfer) Act 1983 Amended s. 19
State in relation to any breach of
the conditions of the parole order
that occurred before it was
registered under the
corresponding law.
(c) by omitting from subsection (2)(b) "the
registration under the corresponding law"
and substituting "its first registration
under a corresponding law".
19. Part 3: Heading inserted
The Principal Act is amended by inserting the
following heading after section 10:
PART 3 - RECIPROCAL ARRANGEMENTS FOR
ADMINISTRATION OF TASMANIAN AND
INTERSTATE PAROLE ORDERS
20. Sections 10A, 10B, 10C, 10D, 10E and 10F inserted
After section 10 of the Principal Act, the
following sections are inserted in Part 3:
10A. Ministerial arrangements for the
administration of Tasmanian and interstate
parole orders
(1) The Minister may enter into
arrangements with the designated
authority of another State or a Territory
so as to facilitate -
(a) the administration, within this
State, of interstate parole orders
27
Interstate Transfers (Miscellaneous Amendments) Act 2013
Act No. of
s. 20 Part 3 - Parole Orders (Transfer) Act 1983 Amended
made under a law of the other
State or Territory; and
(b) the administration, within the
other State or Territory, of
Tasmanian parole orders, either
in relation to particular
Tasmanian parolees or interstate
parolees or particular classes of
Tasmanian parolees or interstate
parolees.
(2) Arrangements in accordance with
subsection (1) may be entered into so as
to facilitate -
(a) travel to the other State or
Territory by Tasmanian parolees;
and
(b) travel to Tasmania by interstate
parolees of the other State or
Territory.
(3) The Registrar has, and may exercise,
such powers, authorities, duties and
functions as are necessary, under the
relevant Ministerial arrangements, for the
administration of interstate parole orders
in relation to interstate parolees who are
present in this State.
(4) For the purposes of the laws of Tasmania
with respect to parole, anything that is
done in another State or a Territory -
28
Interstate Transfers (Miscellaneous Amendments) Act 2013
Act No. of
Part 3 - Parole Orders (Transfer) Act 1983 Amended s. 20
(a) by the interstate prisons authority
of that State or Territory; and
(b) in accordance with the relevant
Ministerial arrangements; and
(c) in the administration of a
Tasmanian parole order in
relation to a Tasmanian parolee
who is present in that State or
Territory -
is taken to have been done pursuant to
the laws of this State.
(5) In this section -
interstate prisons authority, in
relation to another State or a
Territory, means the person or
body having powers under the
corresponding law of that State or
Territory that correspond to those
of the Registrar under
subsection (3).
10B. Issue of interstate travel permit to
Tasmanian parolee
(1) This section applies to a Tasmanian
parolee whose parole is subject to a
condition (whether imposed by the parole
order or otherwise) that prohibits the
parolee from leaving this State without
permission.
29
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Act No. of
s. 20 Part 3 - Parole Orders (Transfer) Act 1983 Amended
(2) Permission to leave this State is to be
granted, varied and revoked, and
conditions of permission are to be
imposed and varied, in accordance with
the relevant Ministerial arrangements.
(3) As soon as practicable after any
permission referred to in subsection (2) is
granted, the Director -
(a) must incorporate the terms and
conditions of the permission in an
interstate travel permit; and
(b) must issue a copy of the permit to
the parolee; and
(c) must provide -
(i) a copy of the permit; and
(ii) such other documents or
information about the
parolee as are required or
authorised to be sent
under the relevant
Ministerial
arrangements -
to the interstate Director of each
State or Territory to which the
permit authorises travel.
(4) As soon as practicable after the terms or
conditions of any permission referred to
in subsection (2) are varied, the
Director -
30
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Act No. of
Part 3 - Parole Orders (Transfer) Act 1983 Amended s. 20
(a) must incorporate the terms and
conditions of the permission, as
varied, in an amended interstate
travel permit; and
(b) must issue a copy of the amended
permit to the parolee; and
(c) must provide -
(i) a copy of the amended
permit; and
(ii) such other documents or
information as are
relevant to the variation -
to the interstate Director of each
State or Territory to which the
permit authorises travel.
(5) As soon as practicable after any
permission referred to in subsection (2) is
revoked, the Director must provide
written notice of that fact to the parolee
and to the interstate Director of each
State or Territory to which the permit
authorised travel.
(6) An interstate travel permit ceases to have
effect in a State or Territory to which it
authorises travel -
(a) if written notice referred to in
subsection (5) is provided to the
interstate Director of that State or
Territory (regardless of whether
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or not the parolee has received
the notice); or
(b) if the parolee is arrested pursuant
to a warrant issued under the
corresponding law of that State or
Territory; or
(c) if the timeframes for travel
authorised by the travel permit
lapse.
10C. Effect of interstate travel permit issued to
Tasmanian parolee
(1) This section applies in respect of any
period during which -
(a) an interstate travel permit is in
force in respect of a Tasmanian
parolee; and
(b) the Tasmanian parolee is present
in a State or Territory to which
the permit authorises travel.
(2) For the purposes of the laws of Tasmania
with respect to parole -
(a) the conditions of the interstate
travel permit are taken to be
substituted for the conditions of
the relevant Tasmanian parole
order; and
(b) any compliance or non-
compliance by the parolee with
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the conditions of the interstate
travel permit are taken to be
compliance or non-compliance,
as the case may be, with the
conditions of the relevant
Tasmanian parole order.
10D. Powers exercisable in relation to interstate
parolees
(1) This section applies to an interstate
parolee -
(a) who holds an interstate travel
permit that authorises the parolee
to travel to this State; and
(b) who is present in this State.
(2) The Parole Board may issue a warrant for
the parolee's arrest -
(a) if advised by the relevant
interstate Director that the
interstate travel permit is no
longer in force in this State; or
(b) if of the opinion that the parolee
has failed to comply with the
conditions of the interstate travel
permit.
(3) A warrant under subsection (2) is
sufficient authority for a local law
enforcement officer -
(a) to arrest the parolee; and
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(b) to convey the parolee to a place
specified in the warrant (whether
in this State or in another State or
a Territory); and
(c) to deliver the parolee into the
custody of an interstate law
enforcement officer of the State
or Territory in which the
interstate travel permit was
issued.
(4) For the avoidance of doubt, a warrant
issued under subsection (2) authorises a
local law enforcement officer to convey
the parolee within or across any other
State or a Territory for the purpose of
taking the parolee to a place specified in
the warrant.
10E. Powers of interstate law enforcement
officers
A warrant issued under the
corresponding law of another State or a
Territory that authorises a local law
enforcement officer (within the meaning
of that law) to convey an interstate
parolee or Tasmanian parolee within or
across this State for the purpose of taking
the parolee to a place specified in the
warrant has effect, in this State,
according to its tenor.
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10F. Operation of Service and Execution of
Process Act 1992 of the Commonwealth
Nothing in this Act limits or otherwise
affects the operation of the Service and
Execution of Process Act 1992 of the
Commonwealth.
21. Part 4: Heading inserted
The Principal Act is amended by inserting the
following heading after section 10F:
PART 4 - MISCELLANEOUS
22. Section 11A inserted
After section 11 of the Principal Act, the
following section is inserted in Part 4:
11A. Use of documents and information
(1) For the purpose of making a
determination or exercising a discretion
under this Act, or for the purpose of
complying with any obligations imposed
by the relevant Ministerial arrangements
under Part 3, the Minister -
(a) may inform himself or herself as
the Minister thinks fit including,
in particular, by reference to
relevant documents and
information -
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(i) forwarded to the Minister
by the designated
authority of another State
or a Territory; or
(ii) obtained in the course of
investigations carried out
in this State in connection
with the making of the
determination or the
exercise of the discretion;
and
(b) may provide any of those
documents or that information
(including any personal
information about the person to
whom a parole order relates) to
any government agencies or other
persons that may be directly
affected by that person's presence
in the State or Territory in which
the parole order is, or is proposed
to be, registered.
(2) This section does not authorise the
disclosure of information about a person
to whom a parole order relates unless the
person -
(a) has given consent to, or has
requested, the registration of the
parole order under this Act or
under the relevant corresponding
law (as the case requires), and has
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not withdrawn that consent or
request; or
(b) is present in the State or Territory
in which the parole order is, or is
proposed to be, registered; or
(c) has applied for permission to
travel to that State or Territory.
(3) A person who has given consent to, or
has requested, the registration of a parole
order, as referred to in subsection (2)(a),
may withdraw the consent or request at
any time before (but not after) the parole
order is registered.
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s. 23 Part 4 - Prisoners (Interstate Transfer) Act 1982 Amended
PART 4 - PRISONERS (INTERSTATE TRANSFER)
ACT 1982 AMENDED
23. Principal Act
In this Part, the Prisoners (Interstate Transfer)
Act 1982* is referred to as the Principal Act.
24. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended by
inserting after the definition of joint prisoner the
following definition:
local prisons authority means -
(a) in relation to Tasmania, the
Director of Corrective Services
appointed under the Corrections
Act 1997; or
(b) in relation to a participating State
other than Tasmania, the local
prisons authority for that State
within the meaning of the
interstate law of that State; or
(c) in relation to a Territory, the local
prisons authority for that
Territory within the meaning of
the Transfer of Prisoners Act
1983 of the Commonwealth;
*No. 55 of 1982
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25. Section 22 amended (Transfer in custody of escort)
Section 22 of the Principal Act is amended by
inserting after subsection (3) the following
subsection:
(4) Without limiting subsections (1) and (3),
it is sufficient compliance with an order
referred to in either of those subsections
if the prisoner concerned -
(a) is delivered into the custody of an
escort of the State or Territory to
which the prisoner is being
transferred, being an escort who
is authorised by the local prisons
authority for that State or
Territory to receive custody of
the prisoner; and
(b) is so delivered into custody at a
place at which the escort referred
to in paragraph (a) is authorised
by the local prisons authority for
that State or Territory to receive
custody of the prisoner.
26. Section 29 amended (Lawful custody for transit
through Tasmania)
Section 29(1)(a) of the Principal Act is amended
by omitting "from Tasmania to such prison in
the participating State or Territory as is specified
in the order and there delivering him into the
custody of the gaoler" and substituting "within
Tasmania in accordance with the order".
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27. Section 30 amended (Escape from custody of person
being transferred)
Section 30(1) of the Principal Act is amended by
omitting "section 29" and substituting
"section 22(3) or section 29".
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Part 5 - Miscellaneous s. 28
PART 5 - MISCELLANEOUS
28. Repeal of Act
This Act is repealed on the three hundred and
sixty fifth day from the day on which all of the
provisions of this Act commence.
Government Printer, Tasmania 41