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This is a Bill, not an Act. For current law, see the Acts databases.


PRISONERS (INTERSTATE TRANSFER) AMENDMENT BILL 2009

                     Western Australia


Prisoners (Interstate Transfer) Amendment
                  Bill 2009

                        CONTENTS


 1.   Short title                                             2
 2.   Commencement                                            2
 3.   Act amended                                             2
 4.   Part II heading replaced                                2
      Part II -- Transfer at request of prisoner
 5.   Section 5 amended                                       2
 6.   Section 9A inserted                                     3
      9A.       Matters to which the Minister may have
                regard                                   3
 7.   Section 9 amended                                       3
 8.   Section 21 amended                                      4




                          026--1                              page i
                           Western Australia


                      LEGISLATIVE COUNCIL



   Prisoners (Interstate Transfer) Amendment
                     Bill 2009


                               A Bill for


An Act to amend the Prisoners (Interstate Transfer) Act 1983.



The Parliament of Western Australia enacts as follows:




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     Prisoners (Interstate Transfer) Amendment Bill 2009



     s. 1




1    1.         Short title
2               This is the Prisoners (Interstate Transfer) Amendment Act 2009.

3    2.         Commencement
4               This Act comes into operation as follows --
5                (a) sections 1 and 2 -- on the day on which this Act
6                      receives the Royal Assent;
7                (b) the rest of the Act -- on the day after that day.

8    3.         Act amended
9               This Act amends the Prisoners (Interstate Transfer) Act 1983.

10   4.         Part II heading replaced
11              Delete the heading to Part II and insert:
12

13               Part II -- Transfer at request of prisoner
14

15   5.         Section 5 amended
16        (1)   In section 5(1)(b) delete "Territory in the interests of the welfare
17              of the prisoner," and insert:
18

19              Territory,
20

21        (2)   In section 5(3)(b) delete "State in the interests of the welfare of
22              the prisoner," and insert:
23

24              State,
25




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                              Prisoners (Interstate Transfer) Amendment Bill 2009



                                                                                s. 6



1         (3)   In section 5(5)(b) delete "Territory in the interests of the welfare
2               of the prisoner," and insert:
3

4               Territory,
5


6    6.         Section 9A inserted
7               After section 8 insert:
8
9           9A.       Matters to which the Minister may have regard
10                    In forming an opinion or exercising a discretion under
11                    this Part, the Minister may have regard to any one or
12                    more of the following --
13                      (a) the welfare of the prisoner or person concerned;
14                      (b) the administration of justice in this or any other
15                            State;
16                      (c) the security and good order of any prison in this
17                            or any other State;
18                      (d) the safe custody of the prisoner or person
19                            concerned;
20                      (e) the protection of the community in this or any
21                            other State;
22                       (f) any other matter the Minister considers
23                            relevant.
24


25   7.         Section 9 amended
26              In section 9(1) delete "may have regard to reports" and insert:
27

28              by reference to reports
29




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     Prisoners (Interstate Transfer) Amendment Bill 2009



     s. 8



1    8.          Section 21 amended
2         (1)    In section 21(1)(a) delete "that it is in the interests of the
3                welfare of the person".
4         (2)    After section 21(1) insert:
5
6               (2A)   In forming an opinion or exercising a discretion under
7                      this Part, the Minister may have regard to any one or
8                      more of the following --
9                        (a) the welfare of the person concerned;
10                       (b) the administration of justice in this or any other
11                             State;
12                       (c) the security and good order of any prison in this
13                             or any other State;
14                       (d) the safe custody of the person concerned;
15                       (e) the protection of the community in this or any
16                             other State;
17                        (f) any other matter the Minister considers
18                             relevant.
19

20




 


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