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Name of regulation
1 Name of regulation
1 Name of regulation
This regulation is the Prisoners (Interstate Transfer) Regulation 2024.
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New South Wales regulation
This regulation updates NSW paperwork and decision‑making for interstate prisoner transfers: it names which officials may give consent or seek revocation, sets how copies of orders must be certified, and replaces the 2019 regulation while preserving existing effects. It affects prisoners, Corrective Services NSW and the Department; it moves specific administrative and compliance tasks (and related operational costs) onto departmental officers and specified legal offices, and clarifies who may sign or challenge transfer documents.
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Direct links to the current provisions in Prisoners (Interstate Transfer) Regulation 2024.
1 Name of regulation
This regulation is the Prisoners (Interstate Transfer) Regulation 2024.
2 Commencement
This regulation commences on the day on which it is published on the NSW legislation website.
Note—
This regulation repeals and replaces the Prisoners (Interstate Transfer) Regulation 2019, which would otherwise be repealed on 1 September 2024 by the Subordinate Legislation Act 1989, section 10(2).
3 Definitions
In this regulation—
Commissioner has the same meaning as in the Crimes (Administration of Sentences) Act 1999.
Department means the department in which the Act is administered.
the Act means the Prisoners (Interstate Transfer) Act 1982.
Note—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.
4 Consent to transfer prisoner to participating State—the Act, s 13
For the Act, section 13(2), the following are prescribed officers—
(a) the Secretary of the Department,
(b) the General Counsel of the Department.
5 Certification of documents—the Act, s 26
(1) For the Act, section 26(2), a copy is certified if the copy includes the following—
(a) a statement by the Commissioner, or an officer of Corrective Services NSW authorised by the Commissioner to certify the copy, that the copy is a true and accurate copy of the original order or document,
(b) the name and position of the person certifying the copy,
(c) the person’s signature.
(2) In this section—
Corrective Services NSW has the same meaning as in the Crimes (Administration of Sentences) Act 1999.
6 Application for revocation of order of transfer—the Act, s 34
The following offices and positions are prescribed—
(a) the Attorney General,
(b) the Minister,
(c) the Commissioner,
(d) the Director of Public Prosecutions.
7 Repeal and savings
(1) The Prisoners (Interstate Transfer) Regulation 2019 is repealed.
(2) An act, matter or thing that, immediately before the repeal of the Prisoners (Interstate Transfer) Regulation 2019, had effect under that regulation continues to have effect under this regulation.
Sourced from legislation.nsw.gov.au, CC BY 4.0.
1 Name of regulation
This regulation is the Prisoners (Interstate Transfer) Regulation 2024.
2 Commencement
This regulation commences on the day on which it is published on the NSW legislation website.
Note—
This regulation repeals and replaces the Prisoners (Interstate Transfer) Regulation 2019, which would otherwise be repealed on 1 September 2024 by the Subordinate Legislation Act 1989, section 10(2).
3 Definitions
In this regulation—
Commissioner has the same meaning as in the Crimes (Administration of Sentences) Act 1999.
Department means the department in which the Act is administered.
the Act means the Prisoners (Interstate Transfer) Act 1982.
Note—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.
4 Consent to transfer prisoner to participating State—the Act, s 13
For the Act, section 13(2), the following are prescribed officers—
(a) the Secretary of the Department,
(b) the General Counsel of the Department.
5 Certification of documents—the Act, s 26
(1) For the Act, section 26(2), a copy is certified if the copy includes the following—
(a) a statement by the Commissioner, or an officer of Corrective Services NSW authorised by the Commissioner to certify the copy, that the copy is a true and accurate copy of the original order or document,
(b) the name and position of the person certifying the copy,
(c) the person’s signature.
(2) In this section—
Corrective Services NSW has the same meaning as in the Crimes (Administration of Sentences) Act 1999.
6 Application for revocation of order of transfer—the Act, s 34
The following offices and positions are prescribed—
(a) the Attorney General,
(b) the Minister,
(c) the Commissioner,
(d) the Director of Public Prosecutions.
7 Repeal and savings
(1) The Prisoners (Interstate Transfer) Regulation 2019 is repealed.
(2) An act, matter or thing that, immediately before the repeal of the Prisoners (Interstate Transfer) Regulation 2019, had effect under that regulation continues to have effect under this regulation.