Part 3Application and transitional provisions

Part 1—Preliminary

1 Name of Regulations

These Regulations are the International Transfer of Prisoners Regulations 2002.

2 Commencement

These Regulations commence on gazettal.

3 Definitions

Note: A number of expressions used in these Regulations are defined in the Act, including the following:

(a) prisoner;
(b) prisoner’s representative;
(c) release on parole;
(d) sentence of imprisonment;
(e) serving;
(f) suspended part;
(g) State Minister;
(h) transfer country;
(i) Tribunal;
(j) Tribunal country;
(k) Tribunal prisoner.

In these Regulations:

Act means the International Transfer of Prisoners Act 1997.

4 References to forms

In these Regulations, a reference to a form followed by a number is a reference to a form so numbered in Schedule 1.

Part 2—Transfer of prisoners

7 Warrant for transfer of prisoner from Australia

For section 21 of the Act, the form of warrant is: (a) in the case of a prisoner other than a prisoner who has been released on parole or is serving the suspended part of the sentence of imprisonment—Form 5; and (b) in the case of a prisoner who has been released on parole—Form 6; and (c) in the case of a prisoner who is serving the suspended part of the sentence of imprisonment—Form 6A.

8 Notification of receipt of request for transfer of prisoner to Australia

For subsection 27 (1) of the Act, the form of notification is Form 7.

9 Warrant for transfer of prisoner to Australia

For section 29 of the Act, the form of warrant is: (a) in the case of a prisoner other than a prisoner who has been released on parole or is serving the suspended part of the sentence of imprisonment—Form 8; and (b) in the case of a prisoner who has been released on parole—Form 9; and (c) in the case of a prisoner who is serving the suspended part of the sentence of imprisonment—Form 9A.

10 Warrant for transfer of Tribunal prisoner to Australia

For section 38 of the Act, the form of warrant is: (a) in the case of a Tribunal prisoner other than a Tribunal prisoner who has been released on parole—Form 10; and (b) in the case of a Tribunal prisoner who has been released on parole—Form 11.

11 Direction that prisoner or Tribunal prisoner not be detained—prisoner pardoned, etc

(1) For subsection 49 (2) of the Act, the form of direction is Form 12. (2) For subsection 49 (3) of the Act, the form of direction is Form 13.

12 Application for warrant for custody of prisoner being transported through Australia