Document ID: chunk:federal_register_of_legislation:C2004A04855:body:0:p8
Version: federal_register_of_legislation:C2004A04855
Segment Type: other
Provision Reference: 
Character Range: 18251–21269

errors.

Interpretation

25. Section 3 of the Principal Act is amended:

    (a) by inserting in paragraph (a) of the definition of "appropriate Minister" in subsection (1) "the Australian Capital Territory or" after "other than";

    (b) by inserting after paragraph (a) of the definition of "appropriate Minister" in subsection (1) the following paragraph:

         "(aa) in respect of the Australian Capital Territory—the Minister for that Territory who is responsible for the administration of the law of that Territory relating to the interstate transfer of prisoners; and";

    (c) by omitting from subsection (1) the definition of "Australian Capital Territory";

    (d) by inserting "the Australian Capital Territory and" after "includes" in the definition of "State" in subsection (1);

    (e) by omitting from subsection (1) the definitions of "Parliament" and "Territory" and substituting the following definitions:

" 'Parliament' means:

        (a) in relation to the Australian Capital Territory—the Legislative Assembly for the Australian Capital Territory; or

        (b) in relation to the Northern Territory—the Legislative Assembly of the Northern Territory;

    'Territory' means Norfolk Island, the Territory of Christmas Island, the Territory of Cocos (Keeling) Islands or the Jervis Bay Territory;".

Return of prisoner

26. Section 14 of the Principal Act is amended:

    (a) by omitting from subsection (1) "will" and substituting "may";

    (b) by omitting from subsection (6) "Where" and substituting "Subject to subsections (8A) and (9), if";

    (c) by inserting after subsection (8) the following subsection:

    "(8A) Despite subsection (6), the Attorney-General is not required to make an order for the transfer of a prisoner under that subsection from New South Wales to another State or to a Territory if:

         (a) the prisoner has been removed to New South Wales under the Removal of Prisoners (Australian Capital Territory) Act 1968; and

         (b) the prisoner has not applied for an order declaring him or her to be an exempt prisoner but, if he or she had so applied, the Attorney-General would have made such an order.".

Federal sentences—reductions and remissions

27. Section 23 of the Principal Act is amended by omitting from paragraph (b) "section 4" and substituting "section 19AB, 19AC or 19AR, as the case may be,".

Royal prerogative of mercy

28. Section 24 of the Principal Act is amended by adding at the end the following subsection:

"(4) The reference in subsection (2) to the Governor of a State is, in respect of the Australian Capital Territory, a reference to the Governor-General.".

Application

29.(1) In this section:

"ACT" means the Australian Capital Territory;

"ACT Act" means the Prisoners (Interstate Transfer) Act 1994 of the Australian Capital Territory;

"ACT prisoner" has the same meaning as in the ACT Act;

"first step" means:

    (a) the receipt by the Attorney-General of an application for a welfare transfer order