Document ID: chunk:federal_register_of_legislation:C2004A03232:schedule:4:p1
Version: federal_register_of_legislation:C2004A03232
Segment Type: schedule
Provision Reference: sch 4 (pt 1/2)
Character Range: 86301–89112

Schedule 4—
Insert ", sub-section 3 (4a)" after "3 (4) (a)" in column 2 opposite to the reference to the Ombudsman Act 1976.
Removal of Prisoners (Australian Capital Territory) Act 1968

Sub-section 3 (1) (definition of "authorized person")—
Omit "the Sheriff or like officer", substitute "the Sheriff, a Registrar, a Deputy Registrar, a District Registrar or other like officer".

Section 6a—
Repeal the section, substitute the following section:

SCHEDULE 1—continued

Relationship between this Act and Transfer of Prisoners Act 1983
"6a. (1) A person shall not be removed from the Territory pursuant to a warrant under sub-section 5 (1), and a person shall not be returned to the State pursuant to sub-section 6 (2), if the Attorney-General has directed in writing that this Act is not to apply in relation to that removal or return.
"(2) The Attorney-General shall not give a direction under sub-section (1) in relation to the removal of a person from the Territory or to the return of a person to the State unless the Attorney-General is of the opinion that action to remove the person from the Territory (whether or not to the State) should be taken under the Transfer of Prisoners Act 1983.
"(3) The Attorney-General may, either generally or as otherwise provided in the instrument of delegation, by writing signed by the Attorney-General, delegate to an officer of the Attorney-General's Department the power of the Attorney-General to give a direction under sub-section (1).
"(4) A power delegated under sub-section (3), when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Attorney-General.
"(5) A delegation under sub-section (3) does not prevent the exercise of a power by the Attorney-General.".
Removal of Prisoners (Territories) Act 1923

Section 8aa—
Repeal the section, substitute the following section:

Relationship between this Act and Transfer of Prisoners Act 1983
"8aa. (1) A person shall not be removed from a Territory pursuant to a warrant under sub-section 4 (1), if the Attorney-General has directed in writing that this Act is not to apply in relation to that removal.
"(2) The Attorney-General shall not give a direction under sub-section (1) in relation to the removal of a person from a Territory unless the Attorney-General is of the opinion that action to remove the person from the Territory should be taken under the Transfer of Prisoners Act 1983.
"(3) The Attorney-General may, either generally or as otherwise provided in the instrument of delegation, by writing signed by the Attorney-General, delegate to an officer of the Attorney-General's Department the power of the Attorney-General to give a direction under sub-section (1).
"(4) A power delegated under sub-section (3), when exercised by the delegate, shall,