1 Name of Regulation
This Regulation is the Prisoners (Interstate Transfer) Regulation 2019.
2 Commencement
This Regulation commences on the day on which it is published on the NSW legislation website.Note—This Regulation repeals and replaces the Prisoners (Interstate Transfer) Regulation 2014, which would otherwise be repealed on 1 September 2019 by section 10 (2) of the Subordinate Legislation Act 1989.
3 Definition
(1) In this Regulation—the Act means the Prisoners (Interstate Transfer) Act 1982.Note—The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.(2) Notes included in this Regulation do not form part of this Regulation.
4 Consent to transfer prisoner to a participating State
For the purposes of section 13 (2) of the Act, the following are prescribed officers—(a) the Secretary of the Department of Family and Community Services and Justice,(b) an officer of the Department authorised by the Secretary for the purposes of this clause.
5 Certification of documents
For the purposes of section 26 (2) of the Act, a copy of an order or document referred to in section 26 (1) of the Act is to be certified by the Commissioner of Corrective Services, or an officer of Corrective Services NSW (within the meaning of the Crimes (Administration of Sentences) Act 1999) authorised by the Commissioner to certify the copy, by signing the copy and including—(a) the name and position of the person certifying the copy, and(b) a statement that the person certifies that the copy is a true and accurate copy of the original order or document.
6 Application for revocation of order of transfer
For the purposes of section 34 of the Act, the holders of the following offices or positions are prescribed as persons who may make an application for the revocation of an order of transfer—(a) the Attorney General, and Minister for the Prevention of Domestic Violence,(b) the Minister for Counter Terrorism and Corrections,(c) the Commissioner of Corrective Services,(d) the Director of Public Prosecutions.
7 Repeal and savings
(1) The Prisoners (Interstate Transfer) Regulation 2014 is repealed.(2) Any act, matter or thing that, immediately before the repeal of the Prisoners (Interstate Transfer) Regulation 2014, had effect under that Regulation continues to have effect under this Regulation.