NORTHERN TERRITORY OF AUSTRALIA
INTERNATIONAL TRANSFER OF PRISONERS (NORTHERN TERRITORY)
ACT 2000
As in force at 20 November 2020
Table of provisions
Part 1 Preliminary
1 Short title ......................................................................................... 1
2 Commencement .............................................................................. 1
3 Interpretation ................................................................................... 1
4 Object .............................................................................................. 2
Part 2 Conferral of functions
5 Functions of Minister ....................................................................... 2
6 Functions of correctional officers, police and officials ...................... 3
7 Arrangements for administration of Act ........................................... 3
Part 3 Enforcement of sentences of
imprisonment of transferred prisoners
8 Prisoners transferred to Australia .................................................... 3
9 Prisoners transferred from Australia ................................................ 4
Part 4 Miscellaneous
10 Regulations...................................................................................... 5
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 20 November 2020
INTERNATIONAL TRANSFER OF PRISONERS (NORTHERN TERRITORY)
ACT 2000
An Act to enable the transfer of prisoners to and from Australia in
accordance with the International Transfer of Prisoners Act 1997 of the
Commonwealth and for related purposes
Part 1 Preliminary
1 Short title
This Act may be cited as the International Transfer of Prisoners
(Northern Territory) Act 2000.
2 Commencement
This Act comes into operation on the date fixed by the Administrator
by notice in the Gazette.
3 Interpretation
(1) In this Act:
Commonwealth Act means the International Transfer of Prisoners
Act 1997 of the Commonwealth as amended and in force from time
to time or an Act enacted in substitution for that Act as amended
and in force from time to time.
correctional officer, see section 4 of the Correctional Services
Act 2014.
corresponding law means a law of a State or another Territory of
the Commonwealth that provides for the transfer of prisoners to and
from Australia in accordance with the Commonwealth Act.
enforcement law means:
(a) a law of the Territory;
(b) a law of the Commonwealth or a State or another Territory of
the Commonwealth; or
Part 2 Conferral of functions
International Transfer of Prisoners (Northern Territory) Act 2000 2
(c) a practice or procedure lawfully observed,
concerning the detention of prisoners.
function includes a power, authority or duty.
official means a person (other than a police officer or a correctional
officer) who is authorised under an enforcement law to exercise or
perform a function in respect of the transfer of a prisoner to or from
Australia in accordance with the Commonwealth Act.
prisoner means a person who is serving a sentence of
imprisonment imposed under a law in force in the Australia or
another country or by a War Crimes Tribunal.
War Crimes Tribunal means the Former Yugoslavia Tribunal or
Rwanda Tribunal within the meaning of the Commonwealth Act.
(2) Unless the contrary intention appears, an expression that is defined
in the Commonwealth Act and used in this Act or an instrument of a
legislative or administrative character made under this Act has the
same meaning in this Act or the instrument of a legislative or
administrative character as it has in the Commonwealth Act.
4 Object
The object of this Act is to give effect to the scheme for the transfer
of prisoners between Australia and certain other countries in
accordance with the Commonwealth Act by enabling prisoners to
be transferred to and from the Territory.
Part 2 Conferral of functions
5 Functions of Minister
(1) The Minister may exercise and perform a function conferred or
imposed or expressed to be conferred or imposed on the Minister
by or under the Commonwealth Act.
(2) The Minister may delegate a function referred to in subsection (1) to
a prescribed person or a person who belongs to a prescribed class
of persons.
Part 3 Enforcement of sentences of imprisonment of transferred prisoners
International Transfer of Prisoners (Northern Territory) Act 2000 3
6 Functions of correctional officers, police and officials
(1) A correctional officer, police officer or official may exercise or
perform a function conferred or imposed or expressed to be
conferred or imposed on him or her:
(a) by or under the Commonwealth Act or a corresponding law; or
(b) pursuant to an arrangement referred to in section 7.
(2) A correctional officer, police officer or official may:
(a) hold and deal with a prisoner transferred or to be transferred
to or from Australia in accordance with the terms of a warrant
issued under the Commonwealth Act in respect of the
prisoner; and
(b) take any action in respect of a prisoner transferred or to be
transferred to or from Australia in accordance with the
Commonwealth Act that he or she is authorised to take by or
under that Act.
7 Arrangements for administration of Act
(1) The Administrator 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 a
correctional officer, police officer or official of functions under the
Commonwealth Act.
(2) An arrangement may be varied or terminated in accordance with
the Commonwealth Act.
Part 3 Enforcement of sentences of imprisonment of
transferred prisoners
8 Prisoners transferred to Australia
(1) An enforcement law in force in the Territory applies to and in
respect of a prisoner who is transferred to Australia in accordance
with the Commonwealth Act to complete serving in the Territory a
sentence of imprisonment that was imposed by a court or tribunal of
another country or by a War Crimes Tribunal in the same manner
as it applies to and in respect of a prisoner serving in the Territory a
sentence of imprisonment that was imposed under a law of the
Commonwealth.
Part 3 Enforcement of sentences of imprisonment of transferred prisoners
International Transfer of Prisoners (Northern Territory) Act 2000 4
(2) Without limiting subsection (1), enforcement laws relating to the
following matters apply to a prisoner who is transferred to Australia
in accordance with the Commonwealth Act:
(a) conditions of imprisonment and treatment of prisoners;
(b) release on parole of prisoners;
(c) classification and separation of prisoners;
(d) removal of prisoners from one prison to another;
(e) removal of prisoners between prisons and hospitals or other
places or between one hospital or other place and another;
(f) treatment of mentally impaired prisoners;
(g) eligibility for participation in prison programs, including release
under a pre-release permit scheme (however described);
(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);
(j) transfer of prisoners between States and Territories.
(3) A direction given by the Attorney-General of the Commonwealth
under section 44 of the Commonwealth Act concerning a sentence
of imprisonment being served by a prisoner who is transferred to
Australia in accordance with that Act has effect and is to be
complied in the Territory.
(4) A direction given by the Attorney-General of the Commonwealth
under section 49 of the Commonwealth Act concerning a prisoner
who is transferred to Australia in accordance with that Act and who
is pardoned or granted amnesty or whose sentence of
imprisonment is commuted (as referred to in that section) has effect
and is to be complied with in the Territory.
9 Prisoners transferred from Australia
(1) Subject to subsection (2), a law of the Territory relating to the
enforcement of a sentence of imprisonment imposed by a court of
the Territory ceases to apply to a prisoner on whom such a
sentence of imprisonment is imposed who is transferred from
Australia in accordance with the Commonwealth Act to complete
serving the sentence of imprisonment in another country.
Part 4 Miscellaneous
International Transfer of Prisoners (Northern Territory) Act 2000 5
(2) Nothing in this section limits the power of the Territory or of a court
or tribunal of the Territory to pardon, grant amnesty to or commute
a sentence of imprisonment imposed on a prisoner referred to in
subsection (1).
Part 4 Miscellaneous
10 Regulations
The Administrator may make regulations, not inconsistent with this
Act, prescribing matters that are:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or
giving effect to this Act.
ENDNOTES
International Transfer of Prisoners (Northern Territory) Act 2000 6
ENDNOTES
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22, 2018) to: s 3.
3 LIST OF LEGISLATION
International Transfer of Prisoners (Northern Territory) Act 2000 (Act No. 26, 2000)
Assent date 27 June 2000
Commenced 26 July 2000 (Gaz G29, 26 July 2000, p 4)
Statute Law Revision Act 2020 (Act No. 26, 2020)
Assent date 19 November 2020
Commenced 20 November 2020 (s 2)
4 LIST OF AMENDMENTS
s 3 amd No. 26, 2020, s 3
ss 6 – 7 amd No. 26, 2020, s 3
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