Document ID: chunk:federal_register_of_legislation:F2009L04006:body:0:p1
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International Transfer of Prisoners (Vietnam) Regulations 20091

  Select Legislative Instrument 2009 No. 282

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 29 October 2009

  QUENTIN BRYCE
  Governor-General
  By Her Excellency's Command

  BRENDAN O'CONNOR
  Minister for Home Affairs

1 Name of Regulations

  These Regulations are the International Transfer of Prisoners (Vietnam) Regulations 2009.

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 Socialist Republic of Vietnam concerning Transfer of Sentenced Persons, done at Canberra on 13 October 2008, a copy of the English text of which is set out in Schedule 1.

4 Declaration of Vietnam as a transfer country

  Vietnam is declared to be a transfer country.

5 Application of the Act

  The Act applies to Vietnam subject to the agreement.
Schedule 1 Agreement between the Government of Australia and the Government of the Socialist Republic of Vietnam concerning Transfer of Sentenced Persons
(regulation 3, definition of agreement)

Australia and the Socialist Republic of Vietnam (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 transfer of sentenced persons to facilitate their successful reintegration into society; and

Desiring to cooperate in the enforcement of penal sentences;

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 imposed by a court of the transferring Party.

    (d) "sentence" means any punishment or measure involving deprivation of liberty ordered by a court.

    (e) "territory" means

    (i)              in respect of Vietnam: the territory of the Socialist Republic of Vietnam; and

    (ii)              in respect of Australia: all Australian States and Territories.

    (f) "community ties" means:

    (i)              the prisoner's principal place of residence immediately before being sentenced to imprisonment in the territory of the transferring Party was in the territory of the receiving Party; or

    (ii)              the prisoner's parent, grandparent or child has a principal place