International Transfer of Prisoners Amendment Regulations 2011 (No. 1)1
Select Legislative Instrument 2011 No. 174
I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the International Transfer of Prisoners Act 1997.
Dated 29 September 2011
QUENTIN BRYCE
Governor-General
By Her Excellency’s Command
BRENDAN O’CONNOR
Minister for Justice
1 Name of Regulations
These Regulations are the International Transfer of Prisoners Amendment Regulations 2011 (No. 1).
2 Commencement
These Regulations commence on the day after they are registered.
3 Amendment of International Transfer of Prisoners Regulations 2002
Schedule 1 amends the International Transfer of Prisoners Regulations 2002.
4 Transitional
For the period starting on the commencement of these Regulations and ending 12 months after that date:
(a) a requirement in these Regulations for an application to be made in accordance with a form of particular number in Schedule 1 is met if the application is made in accordance with the form of the corresponding number as in force immediately before the commencement of these Regulations; and
(b) a requirement in these Regulations for information to be provided in accordance with a form of a particular number in Schedule 1 is met if the information is provided in accordance with the form of the corresponding number as in force immediately before the commencement of these Regulations; and
(c) a requirement in these Regulations for a warrant, notification or direction to be in the form of a form of a particular number in Schedule 1 is met if the warrant, notification or direction is in the form of the form of the corresponding number as in force immediately before the commencement of these Regulations.
Schedule 1 Amendment
(regulation 3)
[1] Schedule 1, Forms 1 to 13
substitute
Form 1 Application for transfer from Australia — prisoner not on parole
(paragraph 5 (a))
COMMONWEALTH OF AUSTRALIA
International Transfer of Prisoners Act 1997
APPLICATION FOR TRANSFER FROM AUSTRALIA OF PRISONER NOT ON PAROLE
1 Application statement
I, [name of prisoner], serving a sentence of imprisonment at [name and address of prison or institution], apply under section 16 of the International Transfer of Prisoners Act 1997 for transfer to [name of transfer country] to complete serving my sentence on the terms agreed under that Act.
2 Applicant details
Family name:
Given name(s):
Name at birth (if different):
Other names (if any) you have used or been known by*:
Date of birth:
Place of birth:
Sex: ¨ Male ¨ Female
*For example: previous married name, Aboriginal or tribal name, alias, adoptive name, foster name.
3 Details about applicant’s parents
[Please provide the following information, if known, about your parents. If you are adopted, provide the information about your adopted parents.]
Mother’s family name:
Mother’s given name(s):
Mother’s date of birth:
Mother’s country of birth:
Father’s family name:
Father’s given name(s):
Father’s date of birth:
Father’s country of birth:
4 Citizenship of applicant
Are you an Australian citizen?
¨ Yes
¨ No (Go to 7)
Were you born in Australia?
¨ Yes
¨ No
Under what name did you acquire Australian citizenship?
¨ Birth name
¨ Other — please state
On what date did you acquire Australian citizenship?
¨ At birth
¨ Other — please state
5 Citizenship of applicant’s parents and related matters
[Please provide the following information, if known, about your parents. If you are adopted, provide the information about your adopted parents.]
Was your father or mother working as a foreign diplomat or consular officer in Australia at the time of your birth?
¨ Yes, mother
¨ Yes, father
¨ No
At the time of your birth, was your mother an Australian citizen, or did she hold a permanent visa that allowed her to travel to, enter and remain in Australia?
¨ Yes, Australian citizen
¨ Yes, permanent visa
¨ No
At the time of your birth, was your father an Australian citizen, or did he hold a permanent visa that allowed him to travel to, enter and remain in Australia?
¨ Yes, Australian citizen
¨ Yes, permanent visa
¨ No
Did your mother or father become a citizen of another country after you were born and before you reached 18 years of age?
¨ No
¨ Yes — state each country and date citizenship granted
[Do not include countries they were citizens of at the time of your birth.]
6 Citizenship in addition to Australian citizenship
[Complete this section if you are an Australian citizen.]
Are you a citizen of any country other than Australia?
¨ No (Go to 9)
¨ Yes — state each country and date citizenship granted
7 Non-Australian citizenship
[Complete this section if you are not an Australian citizen.]
State each country of which you currently hold citizenship (including citizenship gained by birth) and the date citizenship granted.
8 Australian permanent residency
[Complete this section if you are not an Australian citizen.]
Do you hold a permanent visa that allows you to travel to, enter and remain in Australia?
¨ No (Go to 9)
¨ Yes — state the date the visa was granted and the name under which you were granted the visa.
9 Passport details
Country of passport:
Family name on passport:
Given name(s) on passport:
Date of issue:
Place of issue:
Number:
Date of expiry:
Usual location of passport*:
For any passport you hold from another country, state all these details on a separate piece of paper.
*For example, at the prison or institution in which you are serving your sentence, or at the home of another person.
[If your passport is with another person, eg a family member, please state their name and address.]
10 Transfer country
State the area or region (if any) of the country to which you wish to be transferred and your reasons for wishing to be transferred to that area or region.
11 Community ties to the transfer country
[You may be considered to have community ties to the transfer country if:
(a) your principal place of residence immediately before being sentenced to imprisonment in Australia was in the transfer country; or
(b) your parent, grandparent or child has a principal place of residence in the transfer country; or
(c) you are married or have a de facto relationship with anyone whose principal place of residence is in the transfer country; or
(d) you have a close continuing relationship (involving frequent personal contact and a personal interest in the other person’s welfare) with anyone whose principal place of residence is in the transfer country.]
State your residential, family or personal ties, or other community ties, with the transfer country.
For residential ties — state the address where you last lived in the transfer country and approximately when, and for how long, you lived there.
For family or personal ties — state for each person his or her name, address, relationship to you, length of time known, phone number(s) and email address, method and frequency of contact, and approximate last contact date.
[Please only provide contact details of people if you have obtained their agreement. Government authorities of Australia or the transfer country may contact them when considering your application for transfer.]
You may also state any other community ties you have that you believe may assist your application.
12 Signing the application
[To avoid delay in the processing of this application, please do the following:
(a) check you have answered all the questions you need to answer;
(b) if you are the applicant — sign and date the form as the applicant;
(c) if you are a prisoner’s representative filling in the form for a prisoner — include your name and the prisoner’s name where requested, and sign it as the prisoner’s representative.]
Signature of applicant:
Date:
or
Signed by [name of prisoner’s representative] for the prisoner [name of prisoner] as *his/*her representative with *his/*her consent.
Signature of prisoner’s representative:
Date:
*delete (eg cross out) if not applicable
13 Returning the application
[Complete the ‘Collection, Use and Disclosure of Personal Information’ form and return it with this form.
Ask a corrections official to complete Form 2 (Corrections details — prisoner not on parole).
Return all 3 signed forms (including this one).]
Form 2 Corrections details — prisoner not on parole
(paragraph 6 (a))
COMMONWEALTH OF AUSTRALIA
International Transfer of Prisoners Act 1997
CORRECTIONS DETAILS — PRISONER NOT ON PAROLE
[This form is to be completed by a corrections official of the prison or institution in which the prisoner is serving his or her sentence in consultation with the prisoner if necessary.
The information provided will assist the Australian Government to process the prisoner’s application and to correspond promptly with relevant authorities.
This form is to be returned with the prisoner’s application form.]
1 Information statement
I, [name of corrections official], give the following information about [name of prisoner].
2 Name and address of prison or institution in which sentence is being served
State name and address of prison or institution in which sentence is being served.
3 Sentence being served
Offence(s) for which sentence is being served:
Term of imprisonment, including any non-parole period, for which sentence is being served:
Date when sentence was imposed:
Date when sentence commenced (if different from date sentence imposed):
Date when sentence expires:
Date of earliest release (on parole or otherwise):
If the sentence details provided above were determined as a result of an appeal, state the following:
(a) date the prisoner was originally sentenced;
(b) date of decision of appeal court.
State each known pending or possible future appeal against the conviction or sentence being served, including if it is an appeal by the prisoner or the prosecution.
State any other known current legal proceeding (including any civil proceeding) relating to the conviction or sentence of the prisoner, or otherwise involving the prisoner eg as a witness.
4 Outstanding criminal charges
State any known criminal charges against the prisoner under Australian law that have not yet been dealt with by a court.
5 Extradition proceedings
[Part 2 of the Act sets out when a prisoner may be transferred between Australia and a transfer country. One reason a prisoner may not be transferred to or from Australia is if the transfer would be likely to prevent the surrender of the prisoner to an extradition country that has requested, or is reasonably likely to request, the prisoner’s extradition — see section 10 of the Act.]
State any known proceedings for extradition of the prisoner.
6 Signing the form
Signature of corrections official:
Title of corrections official:
Date:
Form 3 Application for transfer from Australia — prisoner on parole
(paragraph 5 (b))
COMMONWEALTH OF AUSTRALIA
International Transfer of Prisoners Act 1997
APPLICATION FOR TRANSFER FROM AUSTRALIA OF PRISONER ON PAROLE
1 Application statement
I, [name of prisoner], a prisoner within the meaning of the International Transfer of Prisoners Act 1997, and released on parole in [name of State or Territory] apply under section 16 of that Act for transfer to [name of transfer country] to complete serving my sentence on the terms agreed under that Act.
2 Applicant details
Family name:
Given name(s):
Name at birth (if different):
Other names (if any) you have used or been known by*:
Date of birth:
Place of birth:
Sex: ¨ Male ¨ Female
Current address:
*For example: previous married name, Aboriginal or tribal name, alias, adoptive name, foster name.
3 Details about applicant’s parents
[Please provide the following information, if known, about your parents. If you are adopted, provide the information about your adopted parents.]
Mother’s family name:
Mother’s given name(s):
Mother’s date of birth:
Mother’s country of birth:
Father’s family name:
Father’s given name(s):
Father’s date of birth:
Father’s country of birth:
4 Citizenship of applicant
Are you an Australian citizen?
¨ Yes
¨ No (Go to 7)
Were you born in Australia?
¨ Yes
¨ No
Under what name did you acquire Australian citizenship?
¨ Birth name
¨ Other — please state
On what date did you acquire Australian citizenship?
¨ At birth
¨ Other — please state
5 Citizenship of applicant’s parents and related matters
[Please provide the following information, if known, about your parents. If you are adopted, provide the information about your adopted parents.]
Was your father or mother working as a foreign diplomat or consular officer in Australia at the time of your birth?
¨ Yes, mother
¨ Yes, father
¨ No
At the time of your birth, was your mother an Australian citizen, or did she hold a permanent visa that allowed her to travel to, enter and remain in Australia?
¨ Yes, Australian citizen
¨ Yes, permanent visa
¨ No
At the time of your birth, was your father an Australian citizen, or did he hold a permanent visa that allowed him to travel to, enter and remain in Australia?
¨ Yes, Australian citizen
¨ Yes, permanent visa
¨ No
Did your mother or father become a citizen of another country after you were born and before you reached 18 years of age?
¨ No
¨ Yes — state each country and date citizenship granted
[Do not include countries they were citizens of at the time of your birth.]
6 Citizenship in addition to Australian citizenship
[Complete this section if you are an Australian citizen.]
Are you a citizen of any country other than Australia?
¨ No (Go to 9)
¨ Yes — state each country and date citizenship granted
7 Non-Australian citizenship
[Complete this section if you are not an Australian citizen.]
State each country of which you currently hold citizenship (including citizenship gained by birth) and the date citizenship granted.
8 Australian permanent residency
[Complete this section if you are not an Australian citizen.]
Do you hold a permanent visa that allows you to travel to, enter and remain in Australia?
¨ No (Go to 9)
¨ Yes — state the date the visa was granted and the name under which you were granted the visa.
9 Passport details
Country of passport:
Family name on passport:
Given name(s) on passport:
Date of issue:
Place of issue:
Number:
Date of expiry:
Usual location of passport*:
For any passport you hold from another country, state all these details on a separate piece of paper.
*For example, at your home or at the home of another person.
[If your passport is with another person, eg a family member, please state their name and address.]
10 Transfer country
State the area or region (if any) of the country to which you wish to be transferred and your reasons for wishing to be transferred to that area or region.
11 Community ties to the transfer country
[You may be considered to have community ties to the transfer country if:
(a) your principal place of residence immediately before being sentence to imprisonment in Australia was in the transfer country; or
(b) your parent, grandparent or child has a principal place of residence in the transfer country; or
(c) you are married or have a de facto relationship with anyone whose principal place of residence is in the transfer country; or
(d) you have a close continuing relationship (involving frequent personal contact and a personal interest in the other person’s welfare) with anyone whose principal place of residence is in the transfer country.]
State your residential, family or personal ties, or other community ties, with the transfer country.
For residential ties — state the address where you last lived in the transfer country and approximately when, and for how long, you lived there.
For family or personal ties — state for each person his or her name, address, relationship to you, length of time known, phone number(s) and email address, method and frequency of contact and approximate last contact date.
[Please only provide contact details of people if you have obtained their agreement. Government authorities of Australia or the transfer country may contact them when considering your application for transfer.]
You may also state any other community ties you have that you believe may assist your application.
12 Signing the application
[To avoid delay in the processing of your application please do the following:
(a) check that you have answered all the questions you need to answer on this form;
(b) if you are the applicant — sign and date the form as the applicant;
(c) if you are a prisoner’s representative filling in the form for a prisoner — include your name and the prisoner’s name where requested below and sign it as the prisoner’s representative.]
Signature of applicant:
Date:
or
Signed by [name of prisoner’s representative] for the prisoner [name of prisoner] as *his/*her representative with *his/*her consent.
Signature of prisoner’s representative:
Date:
*delete (eg cross out) if not applicable
13 Returning the application
[Complete the ‘Collection, Use and Disclosure of Personal Information’ form and return it with this form.
Ask a corrections or parole official to complete Form 4 (Corrections details — prisoner on parole).
Return all 3 signed forms (including this one).]
Form 4 Corrections details — prisoner on parole
(paragraph 6 (b))
COMMONWEALTH OF AUSTRALIA
International Transfer of Prisoners Act 1997
CORRECTIONS DETAILS — PRISONER ON PAROLE
[This form is to be completed by a corrections or parole official of the State or Territory in which the parolee is serving his or her parole, or in which he or she was released on parole, in consultation with the prisoner if necessary.
The information provided will assist the Australian Government to process the prisoner’s application and to correspond promptly with relevant authorities.
This form is to be returned with the prisoner’s application form.]
1 Information statement
I, [name of corrections or parole official], give the following information about [name of prisoner on parole].
2 Sentence being served
Offence(s) for which sentence is being served and for which parole has been granted:
Time spent in prison or institution before being released on parole:
Date when sentence was imposed:
Date when sentence commenced (if different from date sentence imposed):
Date when sentence expires:
Date of release on parole:
If the sentence details provided above were determined as a result of an appeal, state the following:
(a) the date the prisoner on parole was originally sentenced;
(b) the date of decision of appeal court.
State each known pending or possible future appeal against the conviction or sentence being served, and for which parole has been granted, including if it is an appeal by the prisoner on parole or the prosecution.
State any other known current legal proceeding (including any civil proceeding) relating to the conviction or sentence of the prisoner on parole, or otherwise involving the prisoner on parole eg as a witness.
3 Outstanding criminal charges
State any known criminal charges against the prisoner on parole under Australian law that have not yet been dealt with by a court.
4 Extradition proceedings
Part 2 of the Act sets out when a prisoner may be transferred between Australia and a transfer country. One reason a prisoner may not be transferred to or from Australia is if the transfer would be likely to prevent the surrender of the prisoner to an extradition country that has requested, or is reasonably likely to request, the prisoner’s extradition — see section 10 of the Act.
State any known proceedings for extradition of the paroled prisoner.
5 Signing the form
Signature of corrections or parole official:
Title of corrections or parole official:
Date:
Form 5 Warrant for transfer from Australia — prisoner not on parole
(paragraph 7 (a))
COMMONWEALTH OF AUSTRALIA
International Transfer of Prisoners Act 1997
WARRANT FOR TRANSFER FROM AUSTRALIA OF PRISONER NOT ON PAROLE
1 Authorisation of transfer
I, [name], *Attorney-General/*Minister for Justice of the Commonwealth of Australia, acting under section 21 of the International Transfer of Prisoners Act 1997 (the Act), authorise the transfer of [name of prisoner] (the prisoner), born on [prisoner’s date of birth], and serving a sentence of imprisonment in [name of prison or institution], from Australia to [name of transfer country] (the transfer country) to complete the prisoner’s sentence on the terms set out in the Schedule.
2 Written consent statement
For paragraph 22 (2) (c) of the Act, I state that I, and the following persons and authorities, have given written consent to the transfer of the prisoner from Australia to the transfer country:
(a) *[name of prisoner]/*[name of prisoner’s representative];
(b) [name of representative of appropriate authority of transfer country];
(c) *[name and title of relevant State Minister].
3 Requirement to release and authorisation to transport prisoner etc
For subsection 22 (3) of the Act, I:
(a) require the person in whose custody the prisoner is held to release the prisoner into the custody of [title of person into whose custody prisoner is to be released]; and
(b) authorise [title of person into whose custody prisoner is to be released] to take the prisoner to [name of place in Australia] and, if necessary, detain the prisoner in custody for the purpose of placing the prisoner in the custody of [title of person(s) into whose custody prisoner is to be released] for transport out of Australia; and
(c) authorise the escort *officer/*officers to transport the prisoner in custody out of Australia to the transfer country for surrender to a person appointed by that country to receive the prisoner.
Dated:
.......................................................
*Attorney-General
*Minister for Justice
*Omit if not applicable
SCHEDULE
[Set out the terms on which the prisoner’s
sentence of imprisonment is to be completed]
Form 6 Warrant for transfer from Australia — prisoner on parole
(paragraph 7 (b))
COMMONWEALTH OF AUSTRALIA
International Transfer of Prisoners Act 1997
WARRANT FOR TRANSFER FROM AUSTRALIA OF PRISONER ON PAROLE
1 Authorisation of transfer
I, [name], *Attorney-General/*Minister for Justice of the Commonwealth of Australia, acting under section 21 of the International Transfer of Prisoners Act 1997 (the Act), authorise the transfer of [name of prisoner] (the prisoner), born on [prisoner’s date of birth], who has been released on parole, from Australia to [name of transfer country] (the transfer country) to complete the prisoner’s sentence on the terms set out in the Schedule.
2 Written consent statement
For paragraph 22 (2) (c) of the Act, I state that I, and the following persons and authorities, have given written consent to the transfer of the prisoner from Australia to the transfer country:
(a) *[name of prisoner]/*[name of prisoner’s representative];
(b) [name of representative of appropriate authority of transfer country];
(c) [name and title of relevant State Minister].
**3 Approvals, permissions etc
[Complete this section if approvals, permissions etc are to be specified.]
*For paragraph 22 (4) (a) of the Act, I specify:
[specify any approvals, authorities, permissions or variations to the parole order or other order or licence to be at large that have been made under Australian law]
**4 Transfer procedures etc
[Complete this section if procedures etc for the transfer are to be specified.]
*For paragraph 22 (4) (b) of the Act, I specify:
[specify any procedures for the transfer of the prisoner to the transfer country that have been agreed with the transfer country and give any necessary authorisations and directions]
Dated:
.......................................................
*Attorney-General
*Minister for Justice
*Omit if not applicable
**Renumber heading if required
SCHEDULE
[Set out the terms on which the prisoner’s
sentence of imprisonment is to be completed]
Form 7 Notification of receipt of request for transfer of prisoner to Australia
(regulation 8)
COMMONWEALTH OF AUSTRALIA
International Transfer of Prisoners Act 1997
NOTIFICATION OF RECEIPT OF REQUEST FOR TRANSFER OF PRISONER TO AUSTRALIA
To: [name of relevant Minister of State or Territory to which prisoner wishes to transfer]
I, [name], *Attorney-General/*Minister for Justice/*delegate of the Attorney-General, under subsection 27 (1) of the International Transfer of Prisoners Act 1997, give notice that [name of prisoner], a prisoner currently serving a sentence of imprisonment in [name of transfer country], has applied for a transfer to [name of State or Territory] to complete the prisoner’s sentence.
Dated:
.......................................................
*Attorney-General
*Minister for Justice
*Delegate of the Attorney-General
*Omit if not applicable
Form 8 Warrant for transfer to Australia — prisoner not on parole
(paragraph 9 (a))
COMMONWEALTH OF AUSTRALIA
International Transfer of Prisoners Act 1997
WARRANT FOR TRANSFER TO AUSTRALIA OF PRISONER NOT ON PAROLE
1 Authorisation of transfer
I, [name], *Attorney-General/*Minister for Justice of the Commonwealth of Australia, acting under section 29 of the International Transfer of Prisoners Act 1997 (the Act), authorise the transfer of [name of prisoner] (the prisoner), born on [prisoner’s date of birth], and serving a sentence of imprisonment in [name of prison or institution], from [name of transfer country] (the transfer country) to Australia to complete the prisoner’s sentence in accordance with the terms mentioned in the directions on sentence enforcement given by the Attorney-General under section 42 or 44 of the Act.
2 Written consent statement
For paragraph 30 (2) (c) of the Act, I state that I, and the following persons and authorities, have given written consent to the transfer of the prisoner from the transfer country to Australia:
(a) *[name of prisoner]/*[name of prisoner’s representative];
(b) [name of representative of appropriate authority of transfer country];
(c) [name and title of relevant State Minister].
3 Authorisation to collect prisoner
For subsection 30 (3) of the Act, I authorise [title of escort officer/officers] (the escort *officer/*officers) to collect the prisoner from [place from which the prisoner is to be collected].
*4 Authorisation to transport, escort, take into custody etc
[Complete the next paragraph if the prisoner is to be collected from a place in the transfer country]
*For subsection 30 (3) of the Act, I also authorise:
(a) the escort *officer/*officers to transport the prisoner in custody to Australia, and surrender the prisoner to [title of person appointed by the Attorney-General for paragraph 30 (3) (b) of the Act] (the appointed person); and
*(b) the appointed person to escort the prisoner in custody to [name of prison, hospital or other place where prisoner is to begin to complete sentence of imprisonment].
[Complete the next paragraph if the prisoner is to be collected from a place in Australia]
*For subsection 30 (3) of the Act, I also authorise the escort *officer/*officers to escort the prisoner to [name of prison, hospital or other place where prisoner is to begin to complete sentence of imprisonment].
[Complete the next paragraph if the prisoner is to be escorted to a prison in Australia]
*For subsection 30 (3) of the Act, I also require [title of superintendent of prison to which prisoner is to be escorted], superintendent of [name of prison to which prisoner is to be escorted], to take the prisoner into custody to be dealt with under the terms agreed under the Act.
[Complete the next paragraph if the prisoner is to be escorted to a hospital or other place in Australia]
*For subsection 30 (3) of the Act, I also authorise the detention of the prisoner in [name of hospital or other place to which prisoner is to be escorted] to be dealt with in accordance with the terms agreed under the Act.
Dated:
.......................................................
*Attorney-General
*Minister for Justice
*Omit if not applicable
Form 9 Warrant for transfer to Australia — prisoner on parole
(paragraph 9 (b))
COMMONWEALTH OF AUSTRALIA
International Transfer of Prisoners Act 1997
WARRANT FOR TRANSFER TO AUSTRALIA OF PRISONER ON PAROLE
1 Authorisation of transfer
I, [name], *Attorney-General/*Minister for Justice of the Commonwealth of Australia, acting under section 29 of the International Transfer of Prisoners Act 1997 (the Act), authorise the transfer of [name of prisoner] (the prisoner), born on [prisoner’s date of birth], who has been released on parole, from [name of transfer country] (the transfer country) to Australia to complete the prisoner’s sentence in accordance with the terms mentioned in the directions on sentence enforcement given by the Attorney-General under section 42 or 44 of the Act.
2 Written consent statement
For paragraph 30 (2) (c) of the Act, I state that I, and the following persons and authorities, have given written consent to the transfer of the prisoner from the transfer country to Australia:
(a) *[name of prisoner]/*[name of prisoner’s representative];
(b) [name of representative of appropriate authority of transfer country];
(c) [name and title of relevant State Minister].
*3 Transfer procedures or authorisations etc
*For subsection 30 (4) of the Act, I:
[specify any procedures for the transfer of the prisoner to Australia that have been agreed upon with the transfer country and give any necessary authorisations and directions]
Dated:
.......................................................
*Attorney-General
*Minister for Justice
*Omit if not applicable
Form 10 Warrant for transfer to Australia — Tribunal prisoner not on parole
(paragraph 10 (a))
COMMONWEALTH OF AUSTRALIA
International Transfer of Prisoners Act 1997
WARRANT FOR TRANSFER TO AUSTRALIA OF TRIBUNAL PRISONER NOT ON PAROLE
1 Authorisation of transfer
I, [name], *Attorney-General/*Minister for Justice of the Commonwealth of Australia, acting under section 38 of the International Transfer of Prisoners Act 1997 (the Act), authorise the transfer of [name of Tribunal prisoner] (the prisoner), born on [prisoner’s date of birth], and serving a sentence of imprisonment imposed by [name of Tribunal], from [name of Tribunal country] (the Tribunal country) to Australia to complete the prisoner’s sentence in accordance with the terms mentioned in the directions on sentence enforcement given by the Attorney-General under section 42 or 44 of the Act.
2 Written consent statement
For paragraph 39 (2) (c) of the Act, I state that I, and the following persons and authorities, have given written consent to the transfer of the prisoner from the Tribunal country to Australia:
(a) *[name of prisoner]/*[name of prisoner’s representative];
(b) [name of Tribunal];
(c) [name and title of relevant State Minister].
3 Authorisation to collect prisoner
For subsection 39 (3) of the Act, I authorise [title of escort *officer/*officers] (the escort *officer/*officers) to collect the prisoner from [place from which the prisoner is to be collected].
*4 Authorisation to transport, escort, take into custody etc
[Complete the next paragraph if the prisoner is to be collected from a place in the Tribunal country]
*For subsection 39 (3) of the Act, I also authorise:
(a) the escort *officer/*officers to transport the prisoner in custody to Australia, and surrender the prisoner to [title of person appointed by the Attorney-General for paragraph 39 (3) (b) of the Act] (the appointed person); and
*(b) the appointed person to escort the prisoner in custody to [name of prison, hospital or other place where the prisoner is to begin to complete serving the sentence of imprisonment].
[Complete the next paragraph if the prisoner is to be collected from a place in Australia]
*For subsection 39 (3) of the Act, I also authorise the escort *officer/*officers to escort the prisoner to [name of prison, hospital or other place where the prisoner is to begin to complete serving the sentence of imprisonment].
[Complete the next paragraph if the prisoner is to be escorted to a prison in Australia]
*For subsection 39 (3) of the Act, I also require [title of superintendent of the prison to which the prisoner is to be escorted], superintendent of [name of prison to which the prisoner is to be escorted], to take the prisoner into custody to be dealt with in accordance with the terms agreed under the Act.
[Complete the next paragraph if the prisoner is to be escorted to a hospital or other place in Australia]
*For subsection 39 (3) of the Act, I also authorise the detention of the prisoner in [name of hospital or other place to which the prisoner is to be escorted] to be dealt with in accordance with the terms agreed under the Act.
Dated:
.......................................................
*Attorney-General
*Minister for Justice
*Omit if not applicable
Form 11 Warrant for transfer to Australia — Tribunal prisoner on parole
(paragraph 10 (b))
COMMONWEALTH OF AUSTRALIA
International Transfer of Prisoners Act 1997
WARRANT FOR TRANSFER TO AUSTRALIA OF TRIBUNAL PRISONER ON PAROLE
1 Authorisation of transfer
I, [name], *Attorney-General/*Minister for Justice of the Commonwealth of Australia, acting under section 38 of the International Transfer of Prisoners Act 1997 (the Act), authorise the transfer of [name of prisoner] (the prisoner), born on [prisoner’s date of birth], who has been released on parole, from [name of Tribunal country] (the Tribunal country) to Australia to complete the prisoner’s sentence in accordance with the terms mentioned in the directions on sentence enforcement given by the Attorney-General under section 42 or 44 of the Act.
2 Written consent statement
For paragraph 39 (2) (c) of the Act, I state that I, and the following persons and authorities, have given written consent to the transfer of the prisoner from the Tribunal country to Australia:
(a) *[name of prisoner]/*[name of prisoner’s representative];
(b) [name of Tribunal];
(c) [name and title of relevant State Minister].
*3 Transfer procedures or authorisations etc
*For subsection 39 (4) of the Act, I:
[specify any procedures for the transfer of the prisoner to Australia that have been agreed upon with the Tribunal and give any necessary authorisations and directions]
Dated:
.......................................................
*Attorney-General
*Minister for Justice
*Omit if not applicable
Form 12 Direction that prisoner not be detained
(subregulation 11 (1))
COMMONWEALTH OF AUSTRALIA
International Transfer of Prisoners Act 1997
DIRECTION THAT PRISONER NOT BE DETAINED
I, [name], *Attorney-General/*Minister for Justice of the Commonwealth of Australia, acting under subsection 49 (2) of the International Transfer of Prisoners Act 1997 (the Act), satisfied that [name of prisoner] (the prisoner) was transferred from [name of transfer country] (the transfer country) to Australia on [date of transfer] to complete serving a sentence of imprisonment imposed by the transfer country, direct that the prisoner is not to be detained in custody, or otherwise subjected to detention or supervision in Australia, under the sentence of imprisonment imposed by the transfer country and enforced under the Act only because of that sentence.
I give this direction:
*(a) having been advised that the prisoner has been *pardoned/*granted amnesty/*granted commutation of the sentence of imprisonment under an Australian law;
*(b) having been notified by the authorities of the transfer country that the prisoner’s conviction has been quashed or otherwise nullified under the law of the transfer country;
*(c) having been notified by the authorities of the transfer country that the prisoner has been *pardoned/*granted amnesty/*granted commutation of sentence of imprisonment under the law of the transfer country.
Dated:
.......................................................
*Attorney-General
*Minister for Justice
*Omit if not applicable
Form 13 Direction that Tribunal prisoner not be detained
(subregulation 11 (2))
COMMONWEALTH OF AUSTRALIA
International Transfer of Prisoners Act 1997
DIRECTION THAT TRIBUNAL PRISONER NOT BE DETAINED
I, [name], *Attorney-General/*Minister for Justice of the Commonwealth of Australia, acting under subsection 49 (3) of the International Transfer of Prisoners Act 1997 (the Act), satisfied that [name of Tribunal prisoner] (the prisoner) was transferred from [name of Tribunal country] (the Tribunal country) to Australia on [date of transfer] to complete serving a sentence of imprisonment imposed by [name of Tribunal] (the Tribunal), direct that the prisoner is not to be detained in custody, or otherwise subjected to detention or supervision in Australia, under the sentence of imprisonment imposed by the Tribunal and enforced under the Act only because of that sentence.
I give this direction:
*(a) having been notified by the Tribunal that the prisoner may be *pardoned/*granted amnesty/*granted commutation of the sentence of imprisonment under an Australian law, and being satisfied that the prisoner has been *pardoned/*granted amnesty/*granted commutation of sentence of imprisonment under an Australian law;
*(b) having been notified by the Tribunal that the prisoner’s conviction has been quashed or otherwise nullified;
*(c) having been notified by the Tribunal that the prisoner has been *pardoned/*granted amnesty/*granted commutation of sentence of imprisonment by the Tribunal;
Dated:
.......................................................
*Attorney-General
*Minister for Justice
*Omit if not applicable
Note
1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.
