{"id":"tas:act-1997-033","name":"International Transfer of Prisoners (Tasmania) Act 1997","slug":"international-transfer-of-prisoners-tasmania-act-1997","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"33 of 1997","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105971,"registerId":"tas-act-1997-033-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [International Transfer of Prisoners (Tasmania) Act 1997](/view/html/inforce/2026-04-12/act-1997-033) .","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This Act commences on a day to be proclaimed.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> > (1)  In this Act –\n> > \n> > > ***Commonwealth Act*** means the [International Transfer of Prisoners Act 1997](/view/html/inforce/2026-04-12/act-1997-033) of the Commonwealth;\n> > \n> > > ***corresponding law*** means a law of another State that provides for the international transfer of prisoners;\n> > \n> > > ***function*** includes a power, authority or duty;\n> > \n> > > ***State*** includes a Territory;\n> > \n> > > ***this jurisdiction*** means Tasmania;\n> > \n> > > ***War Crimes Tribunal*** means the Former Yugoslavia Tribunal or Rwanda Tribunal within the meaning of the Commonwealth Act.\n> \n> > (2)  If an expression is defined in the Commonwealth Act and is also used in this Act, the expression as used in this Act has, unless the contrary intention appears, the same meaning as in that Act.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Conferral of functions","content":"# Part 2 Conferral of functions","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Powers and functions of Minister","content":"### 4 Powers and functions of Minister\n\n> > (1)  A Minister of this jurisdiction may exercise and perform any function conferred or expressed to be conferred on the Minister by or under the Commonwealth Act.\n> \n> > (2)  The Minister may delegate to the Secretary of the Department or the Director of Corrective Services any such function.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Powers and functions of prison officers, police officers and others","content":"### 5 Powers and functions of prison officers, police officers and others\n\n> > (1)  A prison officer, police officer or any other official of this jurisdiction may exercise and perform any function conferred or expressed to be conferred on the official –\n> > \n> > > > (a) by or under the Commonwealth Act or a corresponding law; or\n> > > \n> > > > (b) in accordance with any arrangements referred to in [section 6](#GS6@EN) .\n> \n> > (2)  It is lawful for a prison officer, police officer or other official of this jurisdiction –\n> > \n> > > > (a) to hold and deal with any prisoner in accordance with the terms of a warrant issued under the Commonwealth Act in respect of the prisoner; and\n> > > \n> > > > (b) to take any action in respect of a prisoner transferred, or to be transferred, to or from Australia in accordance with the Commonwealth Act that the official is authorised to take by or under that Act.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Arrangements for administration of Act","content":"### 6 Arrangements for administration of Act\n\n> > (1)  The Governor may, in accordance with section 50 of the Commonwealth Act, make arrangements for the administration of that Act, including arrangements relating to the exercise by officers of this jurisdiction of functions under the Commonwealth Act.\n> \n> > (2)  An arrangement may be varied or terminated in accordance with the Commonwealth Act.","sortOrder":7},{"sectionNumber":"Part 3","sectionType":"part","heading":"Enforcement of sentences of imprisonment of transferred prisoners","content":"# Part 3 Enforcement of sentences of imprisonment of transferred prisoners","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Prisoners transferred to Australia","content":"### 7 Prisoners transferred to Australia\n\n> > (1)  Any relevant enforcement law applies to and in respect of a prisoner who is transferred to Australia under the Commonwealth Act to complete serving a sentence of imprisonment in this jurisdiction that was imposed by a court or tribunal of a transfer country (or by a War Crimes Tribunal) in the same way as the enforcement law applies to and in respect of a federal prisoner serving a sentence of imprisonment in this jurisdiction that is imposed under a law of the Commonwealth.\n> \n> > (2)  Without limiting [subsection (1)](#GS7@Gs1@EN) , enforcement laws relating to the following matters are applicable to a prisoner or Tribunal prisoner who is transferred to Australia under the Commonwealth Act:\n> > \n> > > > (a) conditions of imprisonment and treatment of prisoners;\n> > > \n> > > > (b) release on parole of prisoners;\n> > > \n> > > > (c) classification and separation of prisoners;\n> > > \n> > > > (d) removal of prisoners from one prison to another;\n> > > \n> > > > (e) removal of prisoners between prisons and hospitals or other places or between one hospital or other place and another hospital or other place;\n> > > \n> > > > (f) treatment of mentally impaired prisoners;\n> > > \n> > > > (g) eligibility for participation in prison programs, including release under a pre-release permit scheme (however called);\n> > > \n> > > > (h) temporary absence from prison (including temporary absences to work or seek work, to attend a funeral or visit a relative suffering a serious illness or to attend a place of education or training);\n> > > \n> > > > (i) transfer of prisoners between States and Territories.\n> \n> > (3)  Any direction given by the Attorney-General of the Commonwealth under section 44 of the Commonwealth Act concerning enforcement of such a sentence of imprisonment is to be given effect in this jurisdiction.\n> \n> > (4)  Any direction given by the Attorney-General of the Commonwealth under section 49 of the Commonwealth Act concerning a prisoner referred to in [subsection (1)](#GS7@Gs1@EN) who is pardoned or granted amnesty or commutation of sentence of imprisonment as referred to in that section is to be given effect in this jurisdiction.\n> \n> > (5)  In this section –\n> > \n> > > ***enforcement law*** means –\n> > > \n> > > > > (a) any law of this jurisdiction; or\n> > > > \n> > > > > (b) any law of the Commonwealth or another State; or\n> > > > \n> > > > > (c) any practice or procedure lawfully observed –\n> > \n> > concerning the detention of prisoners.","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Prisoners transferred from Australia","content":"### 8 Prisoners transferred from Australia\n\n> > (1)  Except as provided by [subsection (2)](#GS8@Gs2@EN) , the laws of this jurisdiction relating tothe enforcement of a sentence of imprisonment imposed by a court of this jurisdiction on a person cease to apply to a prisoner on whom such a sentence has been imposed who is transferred from Australia under the Commonwealth Act to complete serving such a sentence of imprisonment.\n> \n> > (2)  Nothing in this section limits the power of the Governor or of a court or tribunal of this jurisdiction to pardon, grant amnesty or commute such a sentence of imprisonment.","sortOrder":10},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"# Part 4 Miscellaneous","sortOrder":11},{"sectionNumber":"9","sectionType":"section","heading":"Regulations","content":"### 9 Regulations\n\n> The Governor may make regulations for the purposes of this Act.\n\n*\n\n**10.**   \n\nThe amendments effected by this section have been incorporated into the authorised version of the [Prisoners (Interstate Transfer) Act 1982](/view/html/inforce/2026-04-12/act-1982-055) .*","sortOrder":12},{"sectionNumber":"10.","sectionType":"section","heading":null,"content":"### 10.\n\n[Prisoners (Interstate Transfer) Act 1982](/view/html/inforce/2026-04-12/act-1982-055)","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Administration of Act","content":"### 11 Administration of Act\n\n> Until provision is made in relation to this Act by order under [section 4 of the](/view/html/inforce/2026-04-12/act-1990-004#GS4@EN) [Administrative Arrangements Act 1990](/view/html/inforce/2026-04-12/act-1990-004)  –\n> \n> > > (a) the administration of this Act is assigned to the Minister for Justice; and\n> > \n> > > (b) the Department responsible to the Minister for Justice in relation to the administration of this Act is the Department of Justice.","sortOrder":14}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"Based on the available text, the Act appears to remain consistent with its original intent as a state-level complementary law to the federal prisoner transfer scheme. No evidence of scope creep or significant amendments altering the original purpose is apparent from the material provided."},"complexity_factors":["Intergovernmental cooperation — requires coordination between Tasmania, the Commonwealth (federal government), and foreign nations","International treaty obligations overlap with domestic law, creating layered legal requirements","Part of a broader national scheme (the federal International Transfer of Prisoners Act 1997), meaning this Act cannot be read in isolation","Limited source text provided — the full operative provisions of the Act are not shown, making complete analysis difficult","Cross-jurisdictional sentence recognition raises complex questions about how foreign sentences are converted and enforced under Tasmanian law","Prisoner rights and consent requirements add procedural complexity"],"plain_english_summary":"This Act implements Tasmania’s part in the national scheme for transferring prisoners between Australia and other countries, allowing Tasmanian residents jailed abroad or foreign nationals in Tasmanian prisons to apply to serve sentences closer to home. \n\nIt affects prisoners, their families, and prison authorities by providing a legal pathway for transfer that requires approval by both countries and enables Tasmania to manage and recognise transferred sentences."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act implements and gives local effect to the Commonwealth International Transfer of Prisoners Act rather than altering the substantive transfer regime. It adopts Commonwealth definitions (s 3), confers Commonwealth functions to State actors (s 4–5), prescribes how enforcement laws apply to incoming transferred prisoners (s 7) and suspends local enforcement for prisoners transferred out (s 8). It does not create new transfer categories or offences; it assigns administrative responsibility and legal effect within this jurisdiction."},"complexity_factors":["Cross‑reference dependence on the Commonwealth Act for definitions and operative meaning (s 3(1), s 3(2)).","Conferral of Commonwealth functions to State Ministers and possible delegation to departmental heads (s 4) creates administrative choice and delegation pathways.","Authorisation for prison, police and other officials to exercise transferred powers and to implement warrants issued under the Commonwealth Act (s 5) raises operational compliance requirements.","Governor may make intergovernmental administration arrangements under terms of the Commonwealth Act (s 6), requiring coordination with federal processes.","Direct application of enforcement laws to transferred prisoners and effect to Attorney‑General directions from the Commonwealth (s 7(1), (3), (4)) creates interstate/federal law‑interaction points and potential discretion by Commonwealth officers.","Cessation of local enforcement laws once a prisoner is transferred from Australia (s 8(1)) produces legal transitions that must be managed administratively.","Regulation‑making power (s 9) and commencement by proclamation (s 2) add implementation timing and subordinate‑law risk.","Reference to corresponding laws of other States (s 3) and War Crimes Tribunal definitions broadens the statutory universe that officials must track."],"plain_english_summary":"Mechanically, this Act lets Tasmanian Ministers, prison and police officers perform functions under the Commonwealth International Transfer of Prisoners Act, allows the Governor to make administrative arrangements, and makes Tasmanian enforcement laws apply to prisoners transferred into Tasmania while suspending local enforcement laws for prisoners transferred out. It affects transferred prisoners, correctional and policing authorities and the State budget because it allocates decision‑making, compliance duties and operational costs for transfers, parole and detention under the Commonwealth framework."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act remains tightly focused on its original purpose of enabling Tasmania to participate in the international prisoner transfer scheme established by the Commonwealth. It has not expanded beyond this core function of conferring functions on state officials and applying existing enforcement laws to transferred prisoners."},"complexity_factors":["Short statute with only 11 sections across 4 Parts","Minimal defined terms (only 6 definitions in section 3, plus one local definition in section 7)","Heavy reliance on external legislation — the entire Act operates by reference to the Commonwealth *International Transfer of Prisoners Act 1997* and undefined \"corresponding laws\" of other States","Simple conditional logic limited to basic delegations and arrangements (sections 4, 6)","No nested exceptions or complex procedural requirements","Straightforward application of existing prison laws to transferred prisoners rather than creating new substantive rules"],"plain_english_summary":"**What this law does:**\n\nThis Act allows Tasmania to participate in a national scheme for transferring prisoners between Australia and other countries. It essentially \"plugs in\" to the Commonwealth's *International Transfer of Prisoners Act 1997*, giving Tasmanian officials the legal power to handle these transfers.\n\n**Who it affects:**\n\n- **Prisoners** serving sentences who want to (or are required to) finish their time in their home country or another country\n- **Tasmanian prison officers, police, and justice officials** who need authority to hold, move, and manage these transferred prisoners\n- **The Tasmanian Minister for Justice** who makes decisions about transfers\n\n**How it works:**\n\n- When a prisoner is **transferred to Tasmania** from overseas, Tasmanian prison laws apply to them just as if they were a federal prisoner. This includes rules about parole, prison conditions, temporary leave, and transfers between prisons.\n\n- When a Tasmanian prisoner is **transferred overseas**, Tasmanian laws stop applying to their sentence (though the Governor can still pardon them or reduce their sentence).\n\n- The Act also covers prisoners sentenced by **War Crimes Tribunals** (for crimes committed in the former Yugoslavia or Rwanda).\n\n**Why it matters:**\n\nWithout this law, Tasmania couldn't legally hold prisoners transferred from other countries, nor could it properly transfer its prisoners overseas. The Act ensures Australia can meet its international agreements about prisoner transfers while keeping the public safe and maintaining proper prison oversight."}},"importantCases":[],"_links":{"self":"/api/acts/international-transfer-of-prisoners-tasmania-act-1997","history":"/api/acts/international-transfer-of-prisoners-tasmania-act-1997/history","analysis":"/api/acts/international-transfer-of-prisoners-tasmania-act-1997/analysis","conflicts":"/api/acts/international-transfer-of-prisoners-tasmania-act-1997/conflicts","importantCases":"/api/acts/international-transfer-of-prisoners-tasmania-act-1997/important-cases","documents":"/api/acts/international-transfer-of-prisoners-tasmania-act-1997/documents"}}