sec.9Prisoners transferred to Australia

sec.9 Prisoners transferred to Australia

A relevant enforcement law applies in relation to a prisoner who is transferred to Australia under the Commonwealth Act to complete serving a term 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 in relation to a federal prisoner serving a sentence of imprisonment in this jurisdiction that is imposed under a law of the Commonwealth. See the Crimes Act 1914 (Cwlth) , part 1B in relation to the imprisonment and release of prisoners. In particular see sections 19 (Cumulative, partly cumulative or concurrent sentences) and 19AA (Remissions and reductions of sentences) and division 5 (Conditional release on parole or licence). Without limiting subsection (1) , enforcement laws about the following are applicable to a prisoner or tribunal prisoner who is transferred to Australia under the Commonwealth Act— conditions of imprisonment and treatment of prisoners; release on parole of prisoners; classification and separation of prisoners; removal of prisoners from 1 prison to another; removal of prisoners between prisons and hospitals or other places or between 1 hospital or other place and another; treatment of mentally impaired prisoners; eligibility for participation in prison programs, including release under a pre-release permit scheme (however called); temporary absence from prison including for example, to seek work, to attend a funeral or visit a relative suffering a serious illness or to attend a place of education or training; transfer of prisoners between States. A direction given by the Attorney-General of the Commonwealth under the Commonwealth Act, section 44 about the enforcement of the sentence of imprisonment is to be given effect in this jurisdiction. A direction given by the Attorney-General of the Commonwealth under the Commonwealth Act, section 49 about a prisoner mentioned in subsection (1) who is pardoned or granted amnesty or commutation of sentence of imprisonment as mentioned in that section is to be given effect in this jurisdiction. In this section— enforcement law means— a law of this jurisdiction; or a law of the Commonwealth or another State; or a practice or procedure lawfully observed; about the detention of prisoners. (sec.9-ssec.1) A relevant enforcement law applies in relation to a prisoner who is transferred to Australia under the Commonwealth Act to complete serving a term 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 in relation to a federal prisoner serving a sentence of imprisonment in this jurisdiction that is imposed under a law of the Commonwealth. See the Crimes Act 1914 (Cwlth) , part 1B in relation to the imprisonment and release of prisoners. In particular see sections 19 (Cumulative, partly cumulative or concurrent sentences) and 19AA (Remissions and reductions of sentences) and division 5 (Conditional release on parole or licence). (sec.9-ssec.2) Without limiting subsection (1) , enforcement laws about the following are applicable to a prisoner or tribunal prisoner who is transferred to Australia under the Commonwealth Act— conditions of imprisonment and treatment of prisoners; release on parole of prisoners; classification and separation of prisoners; removal of prisoners from 1 prison to another; removal of prisoners between prisons and hospitals or other places or between 1 hospital or other place and another; treatment of mentally impaired prisoners; eligibility for participation in prison programs, including release under a pre-release permit scheme (however called); temporary absence from prison including for example, to seek work, to attend a funeral or visit a relative suffering a serious illness or to attend a place of education or training; transfer of prisoners between States. (sec.9-ssec.3) A direction given by the Attorney-General of the Commonwealth under the Commonwealth Act, section 44 about the enforcement of the sentence of imprisonment is to be given effect in this jurisdiction. (sec.9-ssec.4) A direction given by the Attorney-General of the Commonwealth under the Commonwealth Act, section 49 about a prisoner mentioned in subsection (1) who is pardoned or granted amnesty or commutation of sentence of imprisonment as mentioned in that section is to be given effect in this jurisdiction. (sec.9-ssec.5) In this section— enforcement law means— a law of this jurisdiction; or a law of the Commonwealth or another State; or a practice or procedure lawfully observed; about the detention of prisoners.