Document ID: chunk:federal_register_of_legislation:F2006L00844:body:0:p1
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International Transfer of Prisoners (Hong Kong) Regulations 20061

  Select Legislative Instrument 2006 No. 48

I, PHILIP MICHAEL JEFFERY, 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 17 March 2006

  P. M. JEFFERY
  Governor-General
  By His Excellency's Command

  CHRISTOPHER MARTIN ELLISON
  Minister for Justice and Customs

Contents

 1 Name of Regulations
 2 Commencement
 3 Definitions
 4 Declaration of Hong Kong as a transfer country
 5 Application of the Act

Schedule 1 Agreement between the Government of the Hong Kong Special Administrative Region of the People's Republic of China and the Government of Australia concerning the Transfer of Sentenced Persons

1 Name of Regulations

  These Regulations are the International Transfer of Prisoners (Hong Kong) Regulations 2006.

2 Commencement

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

3 Definitions
Act means the International Transfer of Prisoners Act 1997.
Agreement means the Agreement between the Government of the Hong Kong Special Administrative Region of the People's Republic of China and the Government of Australia concerning the Transfer of Sentenced Persons, done at Hong Kong on 25 November 2005, a copy of the English text of which is set out in Schedule 1.
Hong Kong means the Hong Kong Special Administrative Region of the People's Republic of China.

4 Declaration of Hong Kong as a transfer country

  Hong Kong is declared to be a transfer country.

5 Application of the Act

  The Act applies to Hong Kong subject to the Agreement.
Schedule 1 Agreement between the Government of the Hong Kong Special Administrative Region of the People's Republic of China and the Government of Australia concerning the Transfer of Sentenced Persons
(regulation 3)

AGREEMENT BETWEEN THE GOVERNMENT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION OF THE PEOPLE'S REPUBLIC OF CHINA AND THE GOVERNMENT OF AUSTRALIA CONCERNING TRANSFER OF SENTENCED PERSONS

The Government of the Hong Kong Special Administrative Region of the People's Republic of China ("Hong Kong Special Administrative Region") having been duly authorised to conclude this Agreement by the Central People's Government of the People's Republic of China, and the Government of Australia (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 co‑operative efforts in law enforcement and the administration of justice;

Desiring to co‑operate in the enforcement of penal sentences; and

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

Have agreed as follows:

ARTICLE 1
DEFINITIONS

  For the purposes of this Agreement:
 (a) "transferring Party" means the Party from whose jurisdiction the