International Transfer of Prisoners Amendment Act 2004
No. 19, 2004
An Act to amend the International Transfer of Prisoners Act
1997, and for related purposes
[Assented to 23 March 2004]
The Parliament of Australia enacts:
1 Short
title
This Act may be cited as the International
Transfer of Prisoners Amendment Act 2004.
2
Commencement
This Act commences on the day on which
it receives the Royal Assent.
3
Schedule(s)
Each Act that is specified in a Schedule
to this Act is amended or repealed as set out in the applicable items in the
Schedule concerned, and any other item in a Schedule to this Act has effect
according to its terms.
Schedule 1—Amendment of the International Transfer of Prisoners Act
1997
1 Subsection 4(1) (definition of transfer country)
After “foreign country”, insert “or a region”.
2 After section 4
Insert:
4A
Sentences of imprisonment imposed by military commissions of the United States
of America
For the purposes of this Act:
(a) a military commission of the
United States of America is taken to be a court or tribunal of the United
States of America; and
(b) any punishment or measure
involving deprivation of liberty ordered by a military commission of the United
States of America is taken to have been ordered by a court or tribunal of the
United States of America in the exercise of its criminal jurisdiction; and
(c) any direction or order given or
made by a military commission of the United States of America with respect to
the commencement of such punishment or measure is taken to have been given or
made by a court or tribunal of the United States of America.
3 Paragraph 8(5)(b)
Repeal the paragraph, substitute:
(b) a region that is part of that
country; and
(c) a region that is under the
protection of that country; and
(d) a region over which that country
exercises jurisdiction or control; and
(e) a region for whose international
relations that country is responsible;
4 At the end of section 8
Add:
(6) For the purposes of this section, a
region is taken to be a foreign country if:
(a) the region is a colony, territory
or protectorate of a foreign country; or
(b) the region is part of a foreign
country; or
(c) the region is under the protection
of a foreign country; or
(d) a foreign country exercises
jurisdiction or control over the region; or
(e) a foreign country is responsible
for the region’s international relations.
5 Application
The amendments made by this Schedule apply in relation to a
sentence of imprisonment (within the meaning of the International Transfer
of Prisoners Act 1997 immediately after the time this Schedule commences)
imposed before or after that time.
[Minister’s second reading speech made in—
House of Representatives on 19 February 2004
Senate on 4 March 2004]