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International Transfer of Prisoners (Transfer of Sentenced Persons Convention) Regulations 2002

Statutory Rules 2002 No. 296 as amended

made under the

International Transfer of Prisoners Act 1997

This compilation was prepared on 26 March 2008
taking into account amendments up to SLI 2008 No. 24

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General's Department, Canberra

Contents

 1 Name of Regulations [see Note 1]
 2 Commencement [see Note 1]
 3 Definitions
 4 Transfer countries
 5 Application of the Act

Schedule 1 Convention on the Transfer of Sentenced Persons

Notes

1 Name of Regulations [see Note 1]

  These Regulations are the International Transfer of Prisoners (Transfer of Sentenced Persons Convention) Regulations 2002.

2 Commencement [see Note 1]

  These Regulations commence on gazettal.

3 Definitions
Act means the International Transfer of Prisoners Act 1997.
Convention means the Convention on the Transfer of Sentenced Persons, done at Strasbourg on 21 March 1983, prepared within the framework of the Council of Europe, a copy of the English text of which is set out in Schedule 1.

4 Transfer countries

  For the definition of transfer country in subsection 4 (1) of the Act, a foreign country for which the Convention is in force is a transfer country.

Note 1   For when the Convention enters into force for a State, see Articles 18 and 19 of the Convention in Schedule 1.

Note 2   A current list of countries for which the Convention is in force may be accessed through the Council of Europe's treaty website at http://www.conventions.coe.int.

5 Application of the Act

 (1) For section 8 of the Act, the Act applies to a transfer country, subject to the Convention.

 (2) However, subregulation (1) does not apply to the United States of America for the transfer to Australia of a prisoner serving a sentence of imprisonment ordered by a military commission established under chapter 47A of title 10 of the United States Code.

Note   For the application of the Act to the transfer to Australia of a prisoner serving a sentence of imprisonment ordered by a military commission as described, see the International Transfer of Prisoners Military Commission of the United States of America) Regulations 2007.

Schedule 1 Convention on the Transfer of Sentenced Persons
(regulation 3)

CONVENTION ON THE TRANSFER
OF SENTENCED PERSONS
Strasbourg, 21.III.1983

The member States of the Council of Europe and the other States, signatory hereto,

Considering that the aim of the Council of Europe is to achieve a greater unity between its members;

Desirous of further developing international co‑operation in the field of criminal law;

Considering that such co‑operation should further the ends of justice and the social rehabilitation of sentenced persons;

Considering that these objectives require that foreigners who