Document ID: chunk:federal_register_of_legislation:F2002B00241:body:0:p1
Version: federal_register_of_legislation:F2002B00241
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International Transfer of Prisoners (Thailand) Regulations 2002

  Statutory Rules 2002 No. 2401

I, PETER JOHN HOLLINGWORTH, 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 3 October 2002

  PETER HOLLINGWORTH
  Governor-General
  By His Excellency's Command

  CHRISTOPHER MARTIN ELLISON
  Minister for Justice and Customs

Contents

 1 Name of Regulations
 2 Commencement
 3 Definitions
 4 Declaration of Thailand as a transfer country
 5 Application of the Act

Schedule 1 Agreement between the Government of Australia and the Government of the Kingdom of Thailand on the Transfer of Offenders and Co‑operation in the Enforcement of Penal Sentences

1 Name of Regulations

  These Regulations are the International Transfer of Prisoners (Thailand) Regulations 2002.

2 Commencement

  These Regulations commence on gazettal.

3 Definitions
Act means the International Transfer of Prisoners Act 1997.
Agreement means the Agreement between the Government of Australia and the Government of the Kingdom of Thailand on the Transfer of Offenders and Co-operation in the Enforcement of Penal Sentences, done at Hanoi on 26 July 2001, a copy of the English text of which is set out in Schedule 1.

4 Declaration of Thailand as a transfer country

  Thailand is declared to be a transfer country.

5 Application of the Act

  The Act applies to Thailand, subject to the Agreement.
Schedule 1 Agreement between the Government of Australia and the Government of the Kingdom of Thailand on the Transfer of Offenders and Co‑operation in the Enforcement of Penal Sentences
(regulation 3)

AGREEMENT BETWEEN THE GOVERNMENT OF AUSTRALIA AND THE GOVERNMENT OF THE KINGDOM OF THAILAND ON THE TRANSFER OF OFFENDERS AND CO-OPERATION IN THE ENFORCEMENT OF PENAL SENTENCES

The Government of the Kingdom of Thailand and the Government of Australia;

Taking into consideration the laws and regulations in force regarding law enforcement of the Parties and the desirability of enhancing their co-operative efforts in law enforcement and the administration of justice;

Desiring to co-operate in the enforcement of penal sentences;

Desiring to facilitate the successful reintegration and rehabilitation of offenders into society; and

Considering that these objectives should be fulfilled by giving offenders who are deprived of their liberty as a result of their commission of a criminal offence the opportunity to serve their sentences within their own society;

Have agreed as follows:

ARTICLE 1
DEFINITIONS

     For the purpose of this Agreements:
 (a) "transferring State" means the Party from which the offender may be, or has been transferred;
 (b) "receiving State" means the Party to which the offender may be, or has been transferred;
 (c) "offender" means a person who is required to be detained in a prison, a hospital or any other