{"id":"international-transfer-of-prisoners-northern-territory-act-2000","name":"International Transfer of Prisoners (Northern Territory) Act 2000","slug":"international-transfer-of-prisoners-northern-territory-act-2000","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30131,"registerId":"nt-international-transfer-of-prisoners-northern-territory-act-2000-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"International Transfer of Prisoners (Northern Territory) Act 2000","content":"NORTHERN TERRITORY OF AUSTRALIA\nINTERNATIONAL TRANSFER OF PRISONERS (NORTHERN TERRITORY)\nACT 2000\nAs in force at 20 November 2020\nTable of provisions\nPart 1 Preliminary\n1 Short title ......................................................................................... 1\n2 Commencement .............................................................................. 1\n3 Interpretation ................................................................................... 1\n4 Object .............................................................................................. 2\nPart 2 Conferral of functions\n5 Functions of Minister ....................................................................... 2\n6 Functions of correctional officers, police and officials ...................... 3\n7 Arrangements for administration of Act ........................................... 3\nPart 3 Enforcement of sentences of\nimprisonment of transferred prisoners\n8 Prisoners transferred to Australia .................................................... 3\n9 Prisoners transferred from Australia ................................................ 4\nPart 4 Miscellaneous\n10 Regulations...................................................................................... 5\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 20 November 2020\n____________________\nINTERNATIONAL TRANSFER OF PRISONERS (NORTHERN TERRITORY)\nACT 2000\nAn Act to enable the transfer of prisoners to and from Australia in\naccordance with the International Transfer of Prisoners Act 1997 of the\nCommonwealth and for related purposes\nPart 1 Preliminary\n1 Short title\nThis Act may be cited as the International Transfer of Prisoners\n(Northern Territory) Act 2000.\n2 Commencement\nThis Act comes into operation on the date fixed by the Administrator\nby notice in the Gazette.\n3 Interpretation\n(1) In this Act:\nCommonwealth Act means the International Transfer of Prisoners\nAct 1997 of the Commonwealth as amended and in force from time\nto time or an Act enacted in substitution for that Act as amended\nand in force from time to time.\ncorrectional officer, see section 4 of the Correctional Services\nAct 2014.\ncorresponding law means a law of a State or another Territory of\nthe Commonwealth that provides for the transfer of prisoners to and\nfrom Australia in accordance with the Commonwealth Act.\nenforcement law means:\n(a) a law of the Territory;\n(b) a law of the Commonwealth or a State or another Territory of\nthe Commonwealth; or\n\nPart 2 Conferral of functions\nInternational Transfer of Prisoners (Northern Territory) Act 2000 2\n(c) a practice or procedure lawfully observed,\nconcerning the detention of prisoners.\nfunction includes a power, authority or duty.\nofficial means a person (other than a police officer or a correctional\nofficer) who is authorised under an enforcement law to exercise or\nperform a function in respect of the transfer of a prisoner to or from\nAustralia in accordance with the Commonwealth Act.\nprisoner means a person who is serving a sentence of\nimprisonment imposed under a law in force in the Australia or\nanother country or by a War Crimes Tribunal.\nWar Crimes Tribunal means the Former Yugoslavia Tribunal or\nRwanda Tribunal within the meaning of the Commonwealth Act.\n(2) Unless the contrary intention appears, an expression that is defined\nin the Commonwealth Act and used in this Act or an instrument of a\nlegislative or administrative character made under this Act has the\nsame meaning in this Act or the instrument of a legislative or\nadministrative character as it has in the Commonwealth Act.\n4 Object\nThe object of this Act is to give effect to the scheme for the transfer\nof prisoners between Australia and certain other countries in\naccordance with the Commonwealth Act by enabling prisoners to\nbe transferred to and from the Territory.\nPart 2 Conferral of functions\n5 Functions of Minister\n(1) The Minister may exercise and perform a function conferred or\nimposed or expressed to be conferred or imposed on the Minister\nby or under the Commonwealth Act.\n(2) The Minister may delegate a function referred to in subsection (1) to\na prescribed person or a person who belongs to a prescribed class\nof persons.\n\nPart 3 Enforcement of sentences of imprisonment of transferred prisoners\nInternational Transfer of Prisoners (Northern Territory) Act 2000 3\n6 Functions of correctional officers, police and officials\n(1) A correctional officer, police officer or official may exercise or\nperform a function conferred or imposed or expressed to be\nconferred or imposed on him or her:\n(a) by or under the Commonwealth Act or a corresponding law; or\n(b) pursuant to an arrangement referred to in section 7.\n(2) A correctional officer, police officer or official may:\n(a) hold and deal with a prisoner transferred or to be transferred\nto or from Australia in accordance with the terms of a warrant\nissued under the Commonwealth Act in respect of the\nprisoner; and\n(b) take any action in respect of a prisoner transferred or to be\ntransferred to or from Australia in accordance with the\nCommonwealth Act that he or she is authorised to take by or\nunder that Act.\n7 Arrangements for administration of Act\n(1) The Administrator may, in accordance with section 50 of the\nCommonwealth Act, make arrangements for the administration of\nthat Act, including arrangements relating to the exercise by a\ncorrectional officer, police officer or official of functions under the\nCommonwealth Act.\n(2) An arrangement may be varied or terminated in accordance with\nthe Commonwealth Act.\nPart 3 Enforcement of sentences of imprisonment of\ntransferred prisoners\n8 Prisoners transferred to Australia\n(1) An enforcement law in force in the Territory applies to and in\nrespect of a prisoner who is transferred to Australia in accordance\nwith the Commonwealth Act to complete serving in the Territory a\nsentence of imprisonment that was imposed by a court or tribunal of\nanother country or by a War Crimes Tribunal in the same manner\nas it applies to and in respect of a prisoner serving in the Territory a\nsentence of imprisonment that was imposed under a law of the\nCommonwealth.\n\nPart 3 Enforcement of sentences of imprisonment of transferred prisoners\nInternational Transfer of Prisoners (Northern Territory) Act 2000 4\n(2) Without limiting subsection (1), enforcement laws relating to the\nfollowing matters apply to a prisoner who is transferred to Australia\nin accordance with the Commonwealth Act:\n(a) conditions of imprisonment and treatment of prisoners;\n(b) release on parole of prisoners;\n(c) classification and separation of prisoners;\n(d) removal of prisoners from one prison to another;\n(e) removal of prisoners between prisons and hospitals or other\nplaces or between one hospital or other place and another;\n(f) treatment of mentally impaired prisoners;\n(g) eligibility for participation in prison programs, including release\nunder a pre-release permit scheme (however described);\n(h) temporary absence from prison (for example to work or seek\nwork, to attend a funeral or visit a relative suffering a serious\nillness or to attend a place of education or training);\n(j) transfer of prisoners between States and Territories.\n(3) A direction given by the Attorney-General of the Commonwealth\nunder section 44 of the Commonwealth Act concerning a sentence\nof imprisonment being served by a prisoner who is transferred to\nAustralia in accordance with that Act has effect and is to be\ncomplied in the Territory.\n(4) A direction given by the Attorney-General of the Commonwealth\nunder section 49 of the Commonwealth Act concerning a prisoner\nwho is transferred to Australia in accordance with that Act and who\nis pardoned or granted amnesty or whose sentence of\nimprisonment is commuted (as referred to in that section) has effect\nand is to be complied with in the Territory.\n9 Prisoners transferred from Australia\n(1) Subject to subsection (2), a law of the Territory relating to the\nenforcement of a sentence of imprisonment imposed by a court of\nthe Territory ceases to apply to a prisoner on whom such a\nsentence of imprisonment is imposed who is transferred from\nAustralia in accordance with the Commonwealth Act to complete\nserving the sentence of imprisonment in another country.\n\nPart 4 Miscellaneous\nInternational Transfer of Prisoners (Northern Territory) Act 2000 5\n(2) Nothing in this section limits the power of the Territory or of a court\nor tribunal of the Territory to pardon, grant amnesty to or commute\na sentence of imprisonment imposed on a prisoner referred to in\nsubsection (1).\nPart 4 Miscellaneous\n10 Regulations\nThe Administrator may make regulations, not inconsistent with this\nAct, prescribing matters that are:\n(a) required or permitted by this Act to be prescribed; or\n(b) necessary or convenient to be prescribed for carrying out or\ngiving effect to this Act.\n\nENDNOTES\nInternational Transfer of Prisoners (Northern Territory) Act 2000 6\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: s 3.\n3 LIST OF LEGISLATION\nInternational Transfer of Prisoners (Northern Territory) Act 2000 (Act No. 26, 2000)\nAssent date 27 June 2000\nCommenced 26 July 2000 (Gaz G29, 26 July 2000, p 4)\nStatute Law Revision Act 2020 (Act No. 26, 2020)\nAssent date 19 November 2020\nCommenced 20 November 2020 (s 2)\n4 LIST OF AMENDMENTS\ns 3 amd No. 26, 2020, s 3\nss 6 – 7 amd No. 26, 2020, s 3","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act’s object—to give effect in the Territory to the Commonwealth International Transfer of Prisoners scheme—remains unchanged (s 4). Amendments noted in the endnotes (updates to definitions and ss 6–7 in 2020) are technical/aligning changes that clarify roles of correctional officers, police and officials and administrative arrangements, without expanding or narrowing the Act’s transfer powers or altering its core scope."},"complexity_factors":["Heavy cross‑reference to the Commonwealth Act and reliance on its definitions and scheme (s 3(1)–(2), s 4).","Delegation and authorisation powers allowing functions to be exercised by prescribed persons or classes (s 5(2); s 6(1)).","Administrative arrangements made by the Administrator that can be varied or terminated under the Commonwealth Act, creating implementation discretion (s 7).","Direct operation of Territory enforcement laws on inbound transferred prisoners, and detailed subject matters listed (conditions, parole, classification, transfers, temporary absence, programs) (s 8(1)–(2)).","Binding effect of Commonwealth Attorney‑General directions on sentences, pardons and commutations, limiting local discretion (s 8(3)–(4)).","Automatic cessation of Territory enforcement law application for prisoners transferred out, with a preservation of pardon/commutation powers (s 9).","Dependence on corresponding laws of other States/Territories and potential interjurisdictional interface issues (definition of corresponding law in s 3)."],"plain_english_summary":"This Act enables the Northern Territory to participate in the Commonwealth’s International Transfer of Prisoners scheme. It authorises Territory ministers, correctional officers, police and other authorised officials to carry out transfer-related functions, lets the Territory make local administrative arrangements, and makes Territory enforcement laws apply to prisoners transferred in (and cease to apply when prisoners are transferred out). Commonwealth directions about sentences, pardons or commutations are binding on Territory authorities, so transfers are administered under agreed national and international rules."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: enabling the Northern Territory to participate in the Commonwealth's international prisoner transfer scheme. The 2020 amendments were minor technical updates (updating references to the Correctional Services Act and modernising language) rather than substantive expansions of scope."},"complexity_factors":["Short statute (only 10 sections across 4 Parts)","Minimal defined terms (approximately 8 key definitions in section 3)","Heavy reliance on external legislation (the Commonwealth Act) rather than standalone provisions","Simple conditional logic (primarily 'if transferred, then apply local law')","No nested exceptions or complex cross-referencing within the Act itself","Straightforward delegation powers (Minister can delegate, Administrator can make arrangements)","Single amendment history (only amended once in 2020 for minor updates)"],"plain_english_summary":"**What this law does:**\n\nThis Act allows prisoners to be transferred into and out of the Northern Territory to serve their sentences in other countries (or vice versa), in line with Australia's international agreements.\n\n**Who it affects:**\n\n- **Prisoners** serving sentences who want to return to their home country to serve their time, or foreign prisoners who need to serve sentences in the Northern Territory\n- **Correctional officers, police, and officials** who manage these transfers\n- **The Minister** responsible for justice matters in the Territory\n\n**How it works:**\n\nThe Northern Territory doesn't negotiate its own prisoner transfer treaties. Instead, it plugs into the **Commonwealth's International Transfer of Prisoners Act 1997** (the federal law). This Territory law essentially says: \"We'll do our part to make the federal scheme work here.\"\n\nKey practical effects:\n\n- **Prisoners coming in:** If someone is transferred from overseas to serve their sentence in the Northern Territory, local prison laws apply to them exactly as if they were a regular Territory prisoner. This includes parole rules, prison conditions, transfers between facilities, and temporary leave.\n- **Prisoners going out:** If a Territory prisoner is transferred overseas to serve their sentence, Northern Territory laws stop applying to them (though the Territory can still pardon or grant amnesty if needed).\n- **Officials get powers:** Correctional staff and police can exercise powers given to them under the federal law to manage these transfers.\n\n**Why it matters:**\n\nWithout this law, the Northern Territory couldn't participate in international prisoner transfers. This matters for:\n- **Rehabilitation:** Prisoners can serve sentences closer to family and support networks\n- **Diplomatic relations:** Australia meets its treaty obligations with other countries\n- **Human rights:** Ensures transferred prisoners are treated under clear legal frameworks rather than legal limbo"}},"importantCases":[],"_links":{"self":"/api/acts/international-transfer-of-prisoners-northern-territory-act-2000","history":"/api/acts/international-transfer-of-prisoners-northern-territory-act-2000/history","analysis":"/api/acts/international-transfer-of-prisoners-northern-territory-act-2000/analysis","conflicts":"/api/acts/international-transfer-of-prisoners-northern-territory-act-2000/conflicts","importantCases":"/api/acts/international-transfer-of-prisoners-northern-territory-act-2000/important-cases","documents":"/api/acts/international-transfer-of-prisoners-northern-territory-act-2000/documents"}}