{"id":"prisoners-international-transfer-act-2000","name":"Prisoners (International Transfer) Act 2000","slug":"prisoners-international-transfer-act-2000","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106246,"registerId":"wa-prisoners-international-transfer-act-2000-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Prisoners (International Transfer) Act 2000","content":"![Crest]()Western Australia\n\nPrisoners (International Transfer) Act 2000\n\nWestern Australia\n\nPrisoners (International Transfer) Act 2000\n\nContents\n\nPart 1 — Preliminary\n\n1. Short title 2\n\n2. Commencement 2\n\n3. Object of Act 2\n\n4. Interpretation 2\n\n5. Notes not part of Act 3\n\nPart 2 — Conferral of functions\n\n6. Powers and functions of Minister 4\n\n7. Delegation 4\n\n8. Powers and functions of prison officers, police officers and others 4\n\n9. Arrangements for administration of Act 5\n\nPart 3 — Enforcement of sentences of imprisonment of transferred prisoners\n\n10. Prisoners transferred to Western Australia 6\n\n11. Prisoners transferred from Western Australia 7\n\nPart 4 — Miscellaneous\n\n12. Regulations 8\n\nNotes\n\nCompilation table 9\n\nDefined terms\n\n  \n\nWestern Australia\n\nPrisoners (International Transfer) Act 2000\n\nAn Act to provide for the international transfer of prisoners to and from Western Australia.\n\n## Part 1 — Preliminary\n\n##### 1. Short title\n\nThis Act may be cited as the *Prisoners (International Transfer) Act 2000*.\n\n##### 2. Commencement\n\n(1) This Act comes into operation on a day fixed by proclamation.\n\n(2) Different days may be fixed under subsection (1) for different provisions.\n\n##### 3. Object of Act\n\nThe object of this Act is to give effect to the scheme for the international transfer of prisoners set out in the *International Transfer of Prisoners Act 1997* of the Commonwealth by enabling those prisoners to be transferred to and from Western Australia.\n\n##### 4. Interpretation\n\n(1) In this Act —\n\nCommonwealth Act means the *International Transfer of Prisoners Act 1997* of the Commonwealth;\n\ncorresponding law means a law of another State that provides for the international transfer of prisoners;\n\ndepartment means the department of the Public Service principally assisting the Minister to whom the administration of the *Prisons Act 1981* is for the time being committed by the Governor;\n\nfunction includes a power, authority or duty;\n\nState  includes the Australian Capital Territory and the Northern Territory;\n\nWar 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 the Commonwealth Act.\n\n(3) In this Act, a reference to the Commonwealth Act includes a reference to —\n\n(a) the Commonwealth Act as amended and in force for the time being; and\n\n(b) an Act enacted in substitution for the Commonwealth Act.\n\n##### 5. Notes not part of Act\n\nNotes in this Act are provided to assist understanding and do not form part of the Act.\n\n## Part 2 — Conferral of functions\n\n##### 6. Powers and functions of Minister\n\nA Minister of this State may perform any function conferred or expressed to be conferred on the Minister by or under the Commonwealth Act.\n\n##### 7. Delegation\n\n(1) The Minister may, by instrument, delegate the performance of a function referred to in section 6 to —\n\n(a) the chief executive officer of the department;\n\n(b) a public service officer working in the department; or\n\n(c) a person prescribed by the regulations or belonging to a class of persons prescribed by the regulations.\n\n(2) A function performed by a delegate is to be taken as being performed by the Minister.\n\n##### 8. Powers and functions of prison officers, police officers and others\n\n(1) A prison officer, police officer and any other person who is authorized for the purposes of the Commonwealth Act may perform any function conferred or expressed to be conferred on him or her —\n\n(a) by or under the Commonwealth Act or a corresponding law; or\n\n(b) in accordance with an arrangement referred to in section 9.\n\n(2) It is lawful for a person referred to in subsection (1) —\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 this State in accordance with the Commonwealth Act that the person is authorized to take by or under that Act.\n\nNote:\n\nA number of provisions of the Commonwealth Act require State officials to perform functions. For example, a warrant may be issued under section 30 of that Act requiring a prison officer, police officer or other person specified in the warrant to escort a prisoner who is being transferred. Under section 56 of that Act, a police officer of this State may arrest a person escaping from custody.\n\n##### 9. Arrangements for administration of Act\n\n(1) The Governor may, in accordance with section 50 of the Commonwealth Act, make arrangements with respect to the administration of that Act, including arrangements relating to the performance by prison officers, police officers or other persons of functions under that Act.\n\n(2) An arrangement may be varied or terminated in accordance with the Commonwealth Act.\n\n## Part 3 — Enforcement of sentences of imprisonment of transferred prisoners\n\n##### 10. Prisoners transferred to Western Australia\n\n(1) In this section —\n\nenforcement law means —\n\n(a) any law of this State;\n\n(b) any law of the Commonwealth or another State; or\n\n(c) any practice or procedure lawfully observed,\n\nconcerning the detention of prisoners.\n\n(2) Any relevant enforcement law applies to and in respect of a prisoner who is transferred to this State under the Commonwealth Act to complete serving a sentence of imprisonment in this State 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 State that is imposed under a law of the Commonwealth.\n\n(3) Without limiting subsection (2), 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;\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 (for example, 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(4) 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 State.\n\n(5) Any direction given by the Attorney‑General of the Commonwealth under section 49 of the Commonwealth Act concerning a prisoner referred to in subsection (2) 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 State.\n\nNote:\n\nSee Part 1B of the *Crimes Act 1914* of the Commonwealth in relation to the imprisonment and release of prisoners. In particular see sections 19A and 19AA (Remissions and reductions of sentences) and Division 5 (Conditional release on parole or licence).\n\n##### 11. Prisoners transferred from Western Australia\n\n(1) The laws of this State relating to the enforcement of a sentence of imprisonment imposed by a court of this State cease to apply to a prisoner on whom such a sentence has been imposed who is transferred from Western Australia under the Commonwealth Act to complete serving the sentence.\n\n(2) Nothing in subsection (1) limits the power of the Crown or of a court of this State to pardon, grant amnesty or commute a sentence of imprisonment.\n\n## Part 4 — Miscellaneous\n\n##### 12. Regulations\n\nThe Governor may make regulations prescribing all matters that are required or permitted by this Act to be prescribed or are necessary or convenient to be prescribed for giving effect to this Act.\n\nNotes\n\n1 This is a compilation of the *Prisoners (International Transfer) Act 2000*. The following table contains information about that Act.\n\nCompilation table\n\n| **Short title** | **Number and Year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- |\n| *Prisoners (International Transfer) Act 2000* | 10 of 2000 | 19 May 2000 | 8 May 2002 (see s. 2 and *Gazette* 7 May 2002 p. 2315) |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nCommonwealth Act 4(1)\n\ncorresponding law 4(1)\n\ndepartment 4(1)\n\nenforcement law 10(1)\n\nfunction 4(1)\n\nState 4(1)\n\nWar Crimes Tribunal 4(1)\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act remains tightly focused on its original purpose: giving effect to the Commonwealth prisoner transfer scheme for Western Australia. It has not expanded beyond enabling international prisoner transfers and the necessary administrative machinery to support them."},"complexity_factors":["Short statute: only 12 sections across 4 Parts","Minimal defined terms: 7 defined terms in section 4(1), plus one local definition in section 10(1)","Heavy reliance on external legislation: the Act is essentially a 'mirror' or 'application' statute that gives effect to the Commonwealth *International Transfer of Prisoners Act 1997* without reproducing its content; understanding this Act requires reading the Commonwealth Act","Simple conditional logic: straightforward delegation powers (s. 7) and clear triggers for when laws apply or cease to apply (ss. 10-11)","No nested exceptions or elaborate cross-referencing structures within the Act itself","Regulation-making power (s. 12) is standard and unconstrained, leaving detail to subordinate legislation rather than complicating the primary Act"],"plain_english_summary":"This Western Australian law allows prisoners to be transferred between Western Australia and other countries to serve their prison sentences closer to home or for other diplomatic reasons.\n\n**What it does:**\n- **Enables prisoner swaps**: It puts into action a national scheme (the Commonwealth's *International Transfer of Prisoners Act 1997*) at the state level. This means foreign prisoners in WA jails can be sent home to finish their sentences, and Australian prisoners overseas can be brought back to WA to serve their time.\n- **Gives powers to officials**: It authorises the WA Minister, prison officers, and police to carry out functions under the national scheme—things like escorting transferred prisoners, arresting escapees, and enforcing foreign court orders.\n- **Makes foreign sentences work here**: When a prisoner is transferred *to* WA from overseas, WA treats their foreign sentence as if it were a federal sentence. This means all normal WA prison rules apply—conditions of imprisonment, parole eligibility, prison programs, transfers between prisons, and temporary leave (like attending funerals or work).\n- **Stops WA law applying when prisoners leave**: When a WA prisoner is transferred *out* to another country, WA's sentencing laws stop applying to them (though the government can still pardon or reduce their sentence if needed).\n\n**Who it affects:**\n- Foreign nationals imprisoned in WA who want to serve their sentence in their home country.\n- Australian citizens imprisoned overseas who want to return to WA to serve their time.\n- Prison officers, police, and government officials who must manage these transfers.\n\n**Why it matters:**\nPrisoners are often held far from family, making rehabilitation harder. This law allows humanitarian transfers while ensuring sentences are still properly enforced. It also covers serious international crimes—prisoners convicted by war crimes tribunals (for Yugoslavia or Rwanda) can be transferred under this scheme too."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This Act is an enabling, implementing statute that adopts and gives effect in Western Australia to the Commonwealth’s International Transfer of Prisoners scheme. The text provided matches that core purpose and does not show material expansion beyond enabling the Commonwealth framework, conferring functions, prescribing who may act, providing for arrangements, and specifying how enforcement laws apply on transfer. There is no indication in the text supplied that the Act’s scope was broadened beyond its original enabling purpose."},"complexity_factors":["Short statute: 12 substantive sections (concise Act)","7 defined terms in the Interpretation (Commonwealth Act, corresponding law, department, enforcement law, function, State, War Crimes Tribunal)","Heavy cross‑reference to the Commonwealth International Transfer of Prisoners Act 1997 (s 4(2)–(3), s 9 refers to s 50 of Commonwealth Act; ss 10(4)–(5) give effect to Commonwealth AG directions)","Delegation paths and prescription by regulation (Minister may delegate to CEO, public servants or persons/classes in regulations) (s 7)","Operational provisions applying a broad class of \"enforcement law\" to transferred prisoners (s 10) — wide scope but expressed simply","Few exceptions or nested conditions — mostly straightforward “apply X” or “cease to apply” rules (s 11)","Provision for Governor‑made arrangements and regulations (ss 9, 12) creates potential procedural detail outside the Act (adds implementation complexity)"],"plain_english_summary":"**What this law changes, in practical terms (mechanics first)**\n\n- It gives Western Australian ministers, departmental officers, prison officers, police and other authorised people the legal authority to do the things required by the Commonwealth’s International Transfer of Prisoners scheme (the Commonwealth Act). (See ss 3, 6–9 and 4(2)–(3).)\n- It says that when a prisoner is transferred into WA under the Commonwealth Act, WA’s laws and prison practices about how prisoners are treated, classified, moved, granted parole, permitted temporary absences and similar enforcement matters apply to that person in the same way they apply to a federal prisoner serving a Commonwealth sentence in WA. Directions from the Commonwealth Attorney‑General about enforcement, pardons, amnesties or commutations are to be given effect in WA. (See s 10(2)–(5) and the definition of enforcement law in s 10(1).)\n- It also says that if a WA prisoner is transferred out of WA under the Commonwealth Act to complete a sentence, WA laws for enforcing that sentence stop applying to that prisoner once the transfer happens, although WA’s Crown or courts retain the power to pardon, grant amnesty or commute the sentence. (See s 11.)\n- The Governor may make arrangements (with other jurisdictions or as required by the Commonwealth Act) about how state officials will perform their functions under the Commonwealth Act, and may make regulations to fill in procedural and administrative detail. The Minister may delegate functions to the department head, public service officers, or persons/classes prescribed in regulations. (See ss 7–9, 12 and s 9’s link to s 50 of the Commonwealth Act.)\n\n**Official purpose, stated by the Act**\n\n- The Act exists to give effect in Western Australia to the Commonwealth International Transfer of Prisoners Act 1997 by enabling transfer of prisoners to and from WA. (See s 3.)\n\n**Who is affected and who decides**\n\n- Affected parties: prisoners transferred into or out of WA under the Commonwealth Act; WA prison officers, police officers and other authorised persons who must perform custody, escort and related functions; the department that runs prisons; the State government and its budget for prison administration; courts in WA (to the extent their enforcement role ceases on transfer). (See ss 4, 6–11.)\n- Decision-makers: the Commonwealth Attorney‑General (can give directions under the Commonwealth Act that WA must give effect to — s 10(4)–(5)), WA Ministers (who may perform or delegate functions under the Commonwealth Act — s 6–7), delegated departmental officers, and authorised prison and police officers who carry out the operational functions (s 8). The Governor makes arrangements and regulations to govern administration (s 9, s 12).\n\n**Costs, incentives and trade‑offs (concrete mechanisms)**\n\n- Who pays: the State (through the relevant department) shoulders the administrative and custodial costs when prisoners are received into WA — accommodation, supervision, classification, programs, parole administration and any transport/escort costs. Those costs arise because WA’s enforcement laws and prison practices will apply to transferred prisoners (s 10). If WA transfers a prisoner out, WA’s enforcement obligations cease (s 11), shifting later custodial costs to the receiving jurisdiction.\n- Incentives and behaviour: the Act enables prisoners to request transfer under the Commonwealth scheme; if accepted, prisoners will be subject to WA prison rules and parole processes (s 10(2)–(3)). That can change a prisoner’s likely release timing or eligibility for programs because enforcement outcomes depend on WA law and practice. Prison officers and police must follow warrants, escort orders and other instruments issued under the Commonwealth Act (s 8(2) and note to s 8).\n- Trade‑offs and opportunity costs: the State gains discretion to accept transfers and to apply its enforcement framework, but doing so requires administrative capacity (arrangements under s 9, regulations under s 12) and may impose marginal costs on prison services and parole administration. Conversely, transferring WA prisoners out relieves WA of ongoing enforcement costs but removes WA’s direct legal control over how the sentence is executed abroad (s 11).\n\n**Implementation, compliance burden and bureaucratic discretion**\n\n- Implementation needs coordination across levels of government and with other jurisdictions as the Act relies on the Commonwealth Act for many operative steps (s 4(2)–(3), s 9). The Governor‑made arrangements (s 9) and regulations (s 12) will be the likely vehicles to set procedures and staffing responsibilities.\n- Compliance burden sits mainly with the department that runs prisons and with police/prison officers who must process warrants, escort prisoners and apply WA enforcement rules (s 8, s 10). Training, recordkeeping and inter‑jurisdictional liaison are implied administrative tasks.\n- Bureaucratic discretion exists in delegated decision‑making (Minister may delegate to CEO, officers or prescribed persons — s 7) and in rules made by regulation or by arrangement (ss 9, 12). Those delegations and regulations determine who operationally makes transfer‑related decisions and how consistently they are applied.\n\n**Effects on private parties and markets**\n\n- Direct effects on private businesses are limited. The most likely commercial impacts are on service providers to prisons (contracted custodial services, rehabilitation program providers, transport contractors) and on legal practitioners advising prisoners on transfer consequences. The Act does not itself create market subsidies or procurement rules; it just allows transfers and provides which law applies after transfer (ss 3, 10–11).\n\n**Risks, frictions and practical issues to watch**\n\n- Coordination risk: the Act depends on the Commonwealth Act and on arrangements with other jurisdictions (s 4(2)–(3), s 9); operational gaps could create delay or uncertainty about custody and parole outcomes.\n- Differences in sentencing and parole regimes: because WA enforcement law applies to incoming transferred prisoners (s 10(2)–3), there can be friction where the sending country’s sentencing rules differ from WA’s; that can affect release timing, remissions, or eligibility for programs.\n- Administrative load: processing transfers, applying WA parole systems to foreign-imposed sentences, and complying with Commonwealth directions (s 10(4)–(5)) impose identifiable paperwork, recordkeeping and procedural demands on the department and custodial staff.\n\n**Key sections to read for operational detail**\n\n- Authority to act under Commonwealth scheme: ss 6–9 (delegation and who may perform functions).\n- How WA law applies to incoming transfers: s 10 (definition of enforcement law at s 10(1) and direction‑giving at s 10(4)–(5)).\n- Effect of transferring WA prisoners out: s 11.\n- Rule‑making and administrative detail: ss 9 and 12."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed — no legislative content was available for analysis. The page returned only a website error message indicating the URL has changed due to a system upgrade."},"complexity_factors":["No legislative text was retrievable — the source page returned a 404-style error message","Analysis is based solely on the Act's title and general knowledge of similar legislation","No provisions, schedules, definitions or operative clauses were available for review"],"plain_english_summary":"## ⚠️ Content Unavailable\n\nThe actual text of the **Prisoners (International Transfer) Act 2000** (Western Australia) could not be retrieved — the source page is no longer accessible due to a website migration.\n\n**What we know from the title alone:**\nThis Act would govern the transfer of prisoners between Australia (specifically Western Australia) and other countries. Laws like this typically allow:\n- Australian citizens imprisoned overseas to serve their sentences closer to home in Australia\n- Foreign nationals imprisoned in Australia to be transferred back to their home country\n\nThese arrangements generally require agreement between governments and consent from the prisoner.\n\n**To find the actual legislation**, visit the Western Australian legislation website (legislation.wa.gov.au) and search for the Act directly."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/prisoners-international-transfer-act-2000","history":"/api/acts/prisoners-international-transfer-act-2000/history","analysis":"/api/acts/prisoners-international-transfer-act-2000/analysis","conflicts":"/api/acts/prisoners-international-transfer-act-2000/conflicts","importantCases":"/api/acts/prisoners-international-transfer-act-2000/important-cases","documents":"/api/acts/prisoners-international-transfer-act-2000/documents"}}