Commonwealth Numbered Regulations - Explanatory Statements
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INTERNATIONAL TRANSFER OF PRISONERS AMENDMENT REGULATIONS 2011 (NO. 1) (SLI NO 174 OF 2011)
EXPLANATORY STATEMENT
Select Legislative Instrument 2011 No. 174
Issued by the authority of the Minister for Justice
International Transfer of Prisoners Act 1997
International Transfer of Prisoners Amendment Regulations 2011 (No. 1)
Subsection 58(1) of the International Transfer of Prisoners Act 1997 (the Act) provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
The Act forms the Commonwealth legislative framework for the International Transfer of Prisoners scheme (the scheme) in Australia. The scheme allows Australians imprisoned overseas to apply to return to Australia to serve the remainder of their sentence in an Australian prison. The scheme also allows foreign nationals who are imprisoned in Australia to apply to serve the balance of their sentence in their home country.
Subsection 58(2) of the Act provides that regulations may be made to enable the provision of information to prisoners and other persons for the purposes of the Act and any State or Territory Act relating to the international transfer of prisoners.
Section 16 of the Act provides that prisoners may apply to the Attorney-General, in a manner prescribed by regulations, for their transfer to a transfer country. The International Transfer of Prisoners Regulations 2002 (the Principal Regulations) prescribe fourteen forms under the Act for the international transfer of prisoners. These forms include those used by prisoners applying for a transfer from Australia.
The Regulations amend thirteen of the fourteen forms contained in Schedule 1 of the Principal Regulations used in processing an application for transfer by a prisoner to Australia or the transfer of a prisoner from Australia to a foreign country with which they have strong ties.
The Regulations amend the Principal Regulations to make the forms used to process applications for transfer easier to use and assist applications to be considered expeditiously. The Regulations add additional questions to the four forms set out in Schedule 1 which are used to elicit information from prisoners and other persons for the purposes of processing and assessing an application for transfer. The Regulations also make minor and technical amendments to simplify the language used in the thirteen forms and improve their general layout.
Details of the Regulations are attached.
Consultation outside the Australian Government was not undertaken for this legislative instrument as it relates to criminal justice and law enforcement matters.
The legislative instrument does not have a direct, or substantial indirect, effect on business and does not restrict competition.
The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003. The Regulations commenced on the day after they were registered on the Federal Register of Legislative Instruments.
ATTACHMENT
Details of the Regulations
Details of the International Transfer of Prisoners Amendment Regulations 2011
Regulation 1 names the Regulations as the International Transfer of Prisoners Regulations 2011 (No. 1).
Regulation 2 provides that the Regulations commence on the day after they are registered.
Regulation 3 provides that Schedule 1 of the Regulations will amend the International Transfer of Prisoners Regulations 2002.
Regulation 4 provides a transitional period where a requirement for an application to be in accordance with a form of a particular number in Schedule 1 is met if the application is in accordance with the form of the corresponding number as in force immediately before the commencement of the Regulations.
Schedule 1 contains the amended version of the forms referred to in the Principal Regulations.
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