International Transfer of Prisoners (Victoria) Act 1998
No. 67 of 1998
Version incorporating amendments as at
1 September 2023
table of provisions
Section Page
Part 1—Preliminary 1
1 Purpose 1
2 Commencement 1
3 Definitions 1
Part 2—Conferral of functions 3
4 Functions of the Minister 3
5 Functions of prison officers, police officers and others 3
6 Arrangements for administration of Act 4
Part 3—Enforcement of sentences of imprisonment of transferred prisoners 5
7 Prisoners transferred to Australia 5
8 Prisoners transferred from Australia 6
Part 4—Miscellaneous 8
9 Regulations 8
Endnotes 9
1 General information 9
2 Table of Amendments 11
3 Explanatory details 12
Version No.006
International Transfer of Prisoners (Victoria) Act 1998
No. 67 of 1998
Version incorporating amendments as at
1 September 2023
The Parliament of Victoria enacts as follows:
Part 1—Preliminary
1 Purpose
The purpose 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 such prisoners to be transferred to and from this jurisdiction.
2 Commencement
(1) This Part comes into operation on the day on which this Act receives the Royal Assent.
(2) The remaining provisions of this Act come into operation on a day or days to be proclaimed.
3 Definitions
(1) In this Act—
Commonwealth Act means the International Transfer of Prisoners Act 1997 of the Commonwealth;
corresponding law means a law of another State that provides for the international transfer of prisoners;
function includes power, authority or duty;
S. 3(1) def. of member of the police force repealed by No. 37/2014 s. 10(Sch. item 88.1(b)).
S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 88.1(a)).
police officer has the same meaning as in the Victoria Police Act 2013;
prison officer has the same meaning as in the Corrections Act 1986;
S. 3(1) def. of Secretary
to the Department
of Health inserted by No. 29/2010 s. 61(1).
Secretary to the Department of Health means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Health;
State includes a Territory;
this jurisdiction means Victoria;
War Crimes Tribunal means the Former Yugoslavia Tribunal or Rwanda Tribunal within the meaning of the Commonwealth Act.
(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.
(3) In this Act, a reference to the Commonwealth Act includes a reference to—
(a) that Act as amended and in force for the time being; and
(b) an Act enacted in substitution for that Act.
Part 2—Conferral of functions
4 Functions of the Minister
(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.
(2) The Minister may delegate to an authorised person any such function.
(3) In this section—
S. 4(3) def. of authorised person amended by Nos 29/2010 s. 61(2), 26/2014 s. 455(Sch. item 16), 39/2022 s. 841.
authorised person means—
(a) the Secretary to the Department of Justice, the Commissioner appointed under section 8A of the Corrections Act 1986 or any officer or employee of the Department of Justice; or
(b) the Secretary of the Department of Health, the chief psychiatrist (within the meaning of the Mental Health and Wellbeing Act 2022) or any other person or body having functions under that Act; or
(c) any prescribed person or class of persons.
S. 5 (Heading) inserted by No. 37/2014 s. 10(Sch. item 88.2).
5 Functions of prison officers, police officers and others
S. 5(1) amended by No. 37/2014 s. 10(Sch. item 88.3).
(1) A prison officer, police officer and any other official of this jurisdiction may exercise and perform any function conferred or expressed to be conferred on the official—
(a) by or under the Commonwealth Act or a corresponding law; or
(b) in accordance with any arrangements referred to in section 6.
S. 5(2) amended by No. 37/2014 s. 10(Sch. item 88.3).
(2) It is lawful for a prison officer, police officer or other official of this jurisdiction—
(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
(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.
6 Arrangements for administration of Act
(1) The Governor in Council 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.
(2) An arrangement may be varied or terminated in accordance with the Commonwealth Act.
Part 3—Enforcement of sentences of imprisonment of transferred prisoners
7 Prisoners transferred to Australia
(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 a 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.
(2) Without limiting subsection (1), enforcement laws relating to the following matters are applicable to a prisoner or a Tribunal prisoner who is transferred to Australia under 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 called);
(h) temporary absence from prison (for example, to work or seek work, to attend a funeral or visit a relative suffering from a serious illness or to attend a place of education or training);
(i) transfer of prisoners between States.
(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 to in this jurisdiction.
(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) who is pardoned or granted amnesty or commutation of sentence of imprisonment as referred to in that section is to be given effect to in this jurisdiction.
(5) In this section—
enforcement law means—
(a) any law of this jurisdiction; or
(b) any law of the Commonwealth or another State; or
(c) any practice or procedure lawfully observed—
concerning the detention of prisoners.
8 Prisoners transferred from Australia
(1) Except as provided for in subsection (2), the laws of this jurisdiction relating to the 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.
(2) Nothing in this section limits the power of the Crown or of a court or tribunal of this jurisdiction to pardon, grant amnesty or commute such a sentence of imprisonment.
Part 4—Miscellaneous
9 Regulations
(1) The Governor in Council may make regulations, not inconsistent with this Act, for or with respect to any matter that is required or permitted to be prescribed by this Act or is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) The regulations—
(a) may be of general or limited application; and
(b) may differ according to differences in time, place or circumstances; and
(c) may confer a discretionary authority or impose a duty on a specified person or class of person; and
(d) may impose a penalty not exceeding 10 penalty units for a contravention of the regulations; and
(e) may apply adopt or incorporate any matter contained in any document whether—
(i) wholly or partially or as amended by the regulations; or
(ii) as in force at a particular time or as in force from time to time.
Pt 5 (Heading and ss 10–16) repealed by No. 29/2011 s. 3(Sch. 1 item 47).
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 30 April 1998
Legislative Council: 21 October 1998
The long title for the Bill for this Act was "A Bill relating to the transfer of prisoners to and from Australia."
The International Transfer of Prisoners (Victoria) Act 1998 was assented to on 4 November 1998 and came into operation as follows:
Part 1 (sections 1–3) on 4 November 1998: section 2(1); Parts 2–5 (sections 4–16) on 8 August 2002: Government Gazette 8 August 2002 page 2162.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the International Transfer of Prisoners (Victoria) Act 1998 by Acts and subordinate instruments.