Document ID: chunk:federal_register_of_legislation:F2007L00298:body:0:p1
Version: federal_register_of_legislation:F2007L00298
Segment Type: other
Provision Reference: 
Character Range: 2–3163

International Transfer of Prisoners (Cambodia) Regulations 20071

  Select Legislative Instrument 2007 No. 6

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 15 February 2007

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

  CHRISTOPHER MARTIN ELLISON
  Minister for Justice and Customs

1 Name of Regulations

  These Regulations are the International Transfer of Prisoners (Cambodia) Regulations 2007.

2 Commencement

  These Regulations commence on the day the agreement comes into force for Australia.

3 Definitions

  In these Regulations:
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 Cambodia concerning the transfer of sentenced persons, done at Canberra on 11 October 2006, a copy of the English text of which is set out in Schedule 1.

4 Declaration of Cambodia as a transfer country

  Cambodia is declared to be a transfer country.

5 Application of the Act

  The Act applies to Cambodia subject to the agreement.
Schedule 1 Agreement between the Government of Australia and the Government of the Kingdom of Cambodia concerning transfer of sentenced persons
(regulation 3)

Canberra, 11 October 2006

The Government of Australia and the Government of the Kingdom of Cambodia (hereinafter referred to as "the Parties");

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

Desiring to cooperate in the enforcement of penal sentences; and

Desiring to cooperate in the transfer of sentenced persons to facilitate their successful reintegration into society;

Have agreed as follows:

ARTICLE 1

DEFINITIONS

For the purposes of this Agreement:

         (a)                "transferring Party" means the Party from whose jurisdiction the sentenced person may be, or has been, transferred.

         (b)               "receiving Party" means the Party to whose jurisdiction the sentenced person may be, or has been, transferred.

         (c)                "sentenced person" means a person who is required to be detained in a prison, a hospital or any other place in the territory of the transferring Party to serve a sentence and also applies to an offender who has been conditionally released.

         (d)               "sentence" means any punishment or measure involving deprivation of liberty ordered by a court or a tribunal for a limited or unlimited period of time in the course of the exercise of its criminal jurisdiction.

         (e)                "territory" means

              (i)   in respect of the Kingdom of Cambodia, all territory within the jurisdiction of the Kingdom of Cambodia and

              (ii)  in respect of Australia, the States and Territories of Australia, including external Territories of Australia.