Document ID: chunk:federal_register_of_legislation:F2007L00845:body:0:p1
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International Transfer of Prisoners (Military Commission of the United States of America) Regulations 20071

  Select Legislative Instrument 2007 No. 79

I, PHILIP MICHAEL JEFFERY, 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 March 2007

  P. M. JEFFERY
  Governor‑General
  By His Excellency's Command

  PHILIP RUDDOCK
  Attorney‑General

1 Name of Regulations

  These Regulations are the International Transfer of Prisoners (Military Commission of the United States of America) Regulations 2007.

2 Commencement

  These Regulations commence on the day after they are registered.

3 Definition

  In these Regulations:
Act means the International Transfer of Prisoners Act 1997.

4 Application of the Act

  For section 8 of the Act, the Act applies to the United States of America for the transfer to Australia of a prisoner:
 (a) serving a sentence of imprisonment ordered by a military commission established under chapter 47A of title 10 of the United States Code; and
 (b) subject to the arrangement set out in Schedule 1.

Note   For the declaration of the United States of America as a transfer country, see the International Transfer of Prisoners (Transfer of Sentenced Persons Convention) Regulations 2002.
Schedule 1 Arrangement
(regulation 4)

Arrangement between the Government of Australia and the Government of the United States of America on the Transfer of Prisoners Sentenced by United States Military Commissions Established Pursuant to the Military Commissions Act of 2006 and the United States Code and on Co‑operation in the Enforcement of Sentences Imposed by those Military Commissions.

The Government of Australia and the Government of the United States of America;

Referring to their mutual undertaking to work towards pursuing the option of repatriating any Australian national sentenced to a term of imprisonment by a United States military commission to Australia for service of sentence;

Have put into place the following Arrangement to facilitate such repatriations based on their mutual understandings.

Paragraph 1 – Definitions

For the purposes of this Arrangement:

          1. "applicable United States area" means the United States Naval Station at Guantanamo Bay, Cuba, an area over and within which the United States exercises complete jurisdiction and control pursuant to an Agreement between the United States and Cuba for the lease to the United States of lands in Cuba for Coaling and Naval Stations, signed at Habana, February 16, 1903 and entered into force February 23, 1903, and continued in effect pursuant to the Treaty of Relations between the United States and Cuba, signed at Washington, May 29, 1934 and entered into force June 9, 1934;
          2. "sentence" means any punishment or measure involving deprivation of liberty ordered by a United States military commission, on