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International Transfer of Prisoners (China) Regulations 20111

  Select Legislative Instrument 2011 No. 114

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 30 June 2011

  QUENTIN BRYCE
  Governor-General
  By Her Excellency's Command

  BRENDAN O'CONNOR
  Minister for Justice

Contents

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

Schedule 1 Treaty between the Government of Australia and the Government of the People's Republic of China concerning Transfer of Sentenced Persons

1 Name of Regulations

  These Regulations are the International Transfer of Prisoners (China) Regulations 2011.

2 Commencement

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

3 Repeal

  The International Transfer of Prisoners (China) Regulations 2008 are repealed.

4 Definitions

  In these Regulations:
Act means the International Transfer of Prisoners Act 1997.
treaty means the treaty between the Government of Australia and the Government of the People's Republic of China concerning Transfer of Sentenced Persons, done at Sydney on 6 September 2007, a copy of the English text of which is set out in Schedule 1.

5 Declaration of China as a transfer country

  For subsection 8 (1) of the Act, China is declared to be a transfer country for the purposes of the Act.

6 Application of the Act

  For subsection 8 (2) of the Act, the Act applies to China subject to the treaty.
Schedule 1 Treaty between the Government of Australia and the Government of the People's Republic of China concerning Transfer of Sentenced Persons
(regulation 4, definition of treaty)

Australia and the People's Republic of China (hereinafter referred to as "the Parties");

On the basis of mutual respect for sovereignty and equality and mutual benefit;

Desiring to cooperate in the enforcement of penal sentences; and

Desiring to co-operate in the transfer of sentenced persons and to facilitate their successful reintegration into society;

Have decided to conclude this Treaty and agreed as follows:

ARTICLE 1
DEFINITIONS

For the purposes of this Treaty:

(a) "Transferring Party" means the party in which the sentence was imposed on the person who may be, or has been, transferred;

(b) "Receiving Party" means the party to which the sentenced person may be, or has been, transferred;

(c) "sentenced person" refers to a person who has been sentenced by a court or tribunal to imprisonment in the Transferring Party.

ARTICLE 2
GENERAL PROVISIONS

(1) The Parties undertake to afford each other the widest measure of cooperation in respect of the transfer of sentenced persons in accordance with the provisions of this Treaty.

(2) The