Queensland PAROLE ORDERS (TRANSFER) ACT 1984 Reprinted as in force on 8 December 1995 (includes amendments up to Act No. 58 of 1995) Reprint No. 1 This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning-This reprint is not an authorised copy Information about this reprint This Act is reprinted as at 8 December 1995. The reprint- · shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)) · incorporates all necessary consequential amendments, whether of punctuation, numbering or another kind (Reprints Act 1992 s 5(d)). The reprint includes a reference to the law by which each amendment was made-see List of legislation and List of annotations in endnotes. Minor editorial changes allowed under the provisions of the Reprints Act 1992 mentioned in the following list have also been made to- · express gender specific provisions in a way consistent with current drafting practice (s 24) · use standard punctuation consistent with current drafting practice (s27) · use conjunctives and disjunctives consistent with current drafting practice (s28) · reorder definitions consistent with current drafting practice (s 30) · relocate marginal or cite notes (s 34) · use aspects of format and printing style consistent with current drafting practice (s 35) · omit provisions that are no longer required (ss 37 and 39) · omit the enacting words (s 42A). Also see endnotes for information about- · when provisions commenced · editorial changes made in the reprint including table of obsolete and redundant provisions. Queensland Parole Orders (Transfer) Act 1984 Parole Orders (Transfer) Act 1984 PAROLE ORDERS (TRANSFER) ACT 1984 TABLE OF PROVISIONS Section Page 1 Short title 3 3 Definitions 3 4 Declaration of corresponding laws 4 5 Registrar of transferred parole orders 4 6 Requests for registration of transferred parole orders 4 7 Documents to accompany requests 5 8 Regard for interests of parolee 5 9 Registration 6 10 Effect of registration 7 11 Effect of transfer of parole order to another State or to a Territory 7 12 Delegation 8 13 Evidence 8 14 Regulations 8 ENDNOTES 1 Index to endnotes 9 2 Date to which amendments incorporated 9 3 Key 9 4 List of legislation 10 5 List of annotations 10 6 Table of obsolete and redundant provisions 11 PAROLE ORDERS (TRANSFER) ACT 1984 [as amended by all amendments that commenced on or before 8 December 1995] An Act to provide for the reciprocal enforcement of parole orders s 1 Parole Orders (Transfer) Act 1984s 3 s 1 Parole Orders (Transfer) Act 1984s 3 ÷Short title 1. This Act may be cited as the Parole Orders (Transfer) Act 1984. ÷Definitions 3. In this Act- "corresponding law", in relation to another State or to a Territory, means a law of that State or Territory specified in a notice under section 4. "designated authority", in relation to another State or to a Territory, means the person or body with powers under the corresponding law of that State or Territory that correspond to those of the Minister under section 6. "parole order" means- (a) a parole order under or continued in force by the Corrective Services Act 1988 or under a law of another State or of a Territory relating to parole; or (b) an authority under a law of another State or of a Territory for the release on parole of a person from imprisonment or lawful detention; and includes such a parole order or authority as varied from time to time. "Queensland Community Corrections Board" means the Queensland Community Corrections Board constituted under the Corrective Services Act 1988. s 4 Parole Orders (Transfer) Act 1984s 6 s 4 Parole Orders (Transfer) Act 1984s 6 "regional community corrections board" means a regional community corrections board constituted under the Corrective Services Act 1988. "registrar" means the registrar of transferred parole orders. "sentence of imprisonment" includes an order, direction, declaration or other authority under which a person may be lawfully detained in a prison. ÷Declaration of corresponding laws 4. The Minister may, by notice in the gazette, declare any law of another State or of a Territory relating to the transfer of parole orders to be a corresponding law for the purposes of this Act. ÷Registrar of transferred parole orders 5.(1) There shall be a registrar of transferred parole orders. (2) The person who is for the time being the secretary to the Queensland Community Corrections Board shall be the registrar of transferred parole orders. ÷Requests for registration of transferred parole orders 6.(1) The Minister may, on the request in writing of the designated authority for another State or for a Territory, by writing, direct the registrar to register under this Act a parole order that was, on the date of the request, in force under a law of that State or Territory. (2) The Minister may, by writing addressed to the designated authority for another State or for a Territory, request that a parole order that is in force in this State be registered under the corresponding law of that State or Territory. (3) Where the Minister makes a request pursuant to subsection (2) the Minister shall advise the Queensland Community Corrections Board of that fact and forward to the board details sufficient to identify the parolee to whom the request relates. s 7 Parole Orders (Transfer) Act 1984s 8 s 7 Parole Orders (Transfer) Act 1984s 8 ÷Documents to accompany requests 7.(1) Where the Minister makes a request under section 6(2), the Minister shall cause to be sent to the designated authority for the relevant State or Territory- (a) the parole order to which the request relates; and (b) the warrant of commitment or other authority by virtue of which the parolee became liable to the imprisonment to which the parole order relates; and (c) particulars in writing of the address of the parolee last known to the Minister; and (d) all documents relating to the parolee that were before the Queensland Community Corrections Board, regional community corrections board or other body that made the parole order and any other documents relating to the parolee that appear to be likely to be of assistance to any relevant court, authority or officer of that State or Territory including, in particular, details as to class of prisoner and of any convictions, sentences of imprisonment, minimum terms of imprisonment, periods of imprisonment served, remissions earned and other grants of parole; and (e) a report in writing relating to the parolee containing such additional information as appears to be likely to be of assistance to any relevant court, authority or officer in that State or Territory. (2) A reference in subsection (1) to a parole order, warrant or other document shall be read as a reference to the original or to a copy certified as a true copy by the person to whose custody the original is entrusted. ÷Regard for interests of parolee 8.(1) The Minister shall not direct the registration of a parole order under this Act unless the Minister is satisfied, after having considered the relevant documents forwarded to the Minister by the designated authority for the relevant State or Territory, that, having regard to the interests of the parolee, it is desirable that the parole order be so registered and the parolee- (a) has consented to, or has requested, the registration of the parole order under this Act; or s 9 Parole Orders (Transfer) Act 1984s 9 s 9 Parole Orders (Transfer) Act 1984s 9 (b) is residing in this State. (2) The Minister shall not make a request for the registration of a parole order under the corresponding law of another State or of a Territory unless the Minister is satisfied that, having regard to the interests of the parolee, it is desirable that the parole order be so registered and- (a) the parolee has consented to, or has requested, the registration of the parole order under that corresponding law; or (b) there are reasonable grounds for believing that the parolee is residing in that State or Territory. ÷Registration 9.(1) When directed to do so under section 6(1), the registrar shall register a parole order by endorsing on the parole order or a copy of the parole order a signed memorandum to the effect that the parole order was, on the date of the endorsement, registered under this Act. (2) Where the registrar has registered a parole order pursuant to subsection (1), the registrar shall- (a) cause notice in writing of the fact and date of the registration of the parole order to be forwarded to- (i) the parolee; and (ii) the designated authority for the relevant State or Territory; and (b) cause notice of the fact to be brought to the attention of the Queensland Community Corrections Board; and (c) while the parole order is in force in this State, but subject to section 7(1), keep in a register- (i) the endorsed parole order or endorsed copy of the parole order; and (ii) the warrant of commitment or other authority by virtue of which the parolee became liable to imprisonment, or a copy of that warrant or other authority. (3) A reference in this section to a copy of a parole order or a copy of a s 10 Parole Orders (Transfer) Act 1984s 11 s 10 Parole Orders (Transfer) Act 1984s 11 warrant or other authority shall be read as a reference to a copy certified as a true copy by the person to whose custody the original is entrusted. ÷Effect of registration 10.(1) Subject to this section, while a parole order (including a parole order that was, at any time, in force in this State) is registered under this Act, the laws of this State apply in relation to the parole order and the parolee. (2) Where a parole order registered under this Act was made under a law of another State or of a Territory, subsection (1) has effect as if- (a) each sentence of imprisonment to which the parolee was subject immediately before the making of the parole order had been imposed by a court of competent jurisdiction of this State; and (b) each period of imprisonment served by the parolee for the purpose of such a sentence had been served for the purpose of a sentence imposed by a court of competent jurisdiction of this State; and (c) the parole order had been validly made by the Queensland Community Corrections Board and were in force under the Corrective Services Act 1988. (3) Where a parole order registered under this Act is cancelled under the Offenders Probation and Parole Act 1980 or the Corrective Services Act 1988, the parolee shall be liable to serve a period of imprisonment equal to the period for which the parolee was liable, on the date on which he or she was released on parole under the order, to be imprisoned. ÷Effect of transfer of parole order to another State or to a Territory 11.(1) Upon the registration under a corresponding law of another State or of a Territory of a parole order that was, immediately before that registration, in force in this State- (a) the parole order ceases to be in force in this State; and (b) where the parole order was registered under this Act-the parole order ceases to be so registered; and s 12 Parole Orders (Transfer) Act 1984s 14 s 12 Parole Orders (Transfer) Act 1984s 14 (c) each sentence of imprisonment to which the parolee was subject immediately before that registration ceases to have effect in this State. (2) If a parole order, in relation to which subsection (1) has at any time applied becomes registered under this Act- (a) the force had by it under the law of this State immediately before its registration under a corresponding law; and (b) the effect in this State of the sentence of imprisonment to which the person to whom the order relates was subject immediately before its registration under a corresponding law; shall thereupon revive and shall continue until subsection (1) again applies in relation to the parole order. ÷Delegation 12. The Minister may delegate the Minister's powers under this Act to an officer or employee of the corrective services commission. ÷Evidence 13.(1) An instrument in writing that purports to be a memorandum endorsed on a parole order or on a copy of a parole order on a specified date under section 9(1) and to have been signed by the registrar is evidence that the parole order was registered under this Act on that date. (2) A parole order registered under this Act is admissible in evidence in any court by the production of a copy of the parole order certified as a true copy by the registrar, and such a copy is evidence of the matters stated in the parole order. ÷Regulations 14. The Governor in Council may make regulations under this Act, not inconsistent with this Act, for or with respect to all matters that may be convenient for the administration of this Act or that may be necessary or expedient to achieve the objects and purposes of this Act. Parole Orders (Transfer) Act 1984 Parole Orders (Transfer) Act 1984 _ENDNOTES ´1 Index to endnotes Page 2 Date to which amendments incorporated 9 3 Key 9 4 List of legislation 10 5 List of annotations 10 6 Table of obsolete and redundant provisions 11 ´2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 8 December 1995. Future amendments of the Parole Orders (Transfer) Act 1984 may be made in accordance with this reprint under the Reprints Act 1992, section 49. ´3 Key Key to abbreviations in list of legislation and annotations AIA = Acts Interpretation Act 1954 (prev) = previously amd = amended proc = proclamation ch = chapter prov = provision def = definition pt = part div = division pubd = published exp = expires/expired R = Reprint No. gaz = gazette RA = Reprints Act 1992 hdg = heading reloc = relocated ins = inserted renum = renumbered lap = lapsed rep = repealed notfd = notified s = section om = omitted sch = schedule o in c = order in council sdiv = subdivision p = page SIA = Statutory Instruments Act 1992 para = paragraph SL = subordinate legislation prec = preceding sub = substituted pres = present unnum = unnumbered prev = previous ´4 List of legislation Parole Orders (Transfer) Act 1984 No. 35 date of assent 26 April 1984 ss 1-2 commenced on date of assent (see s 2(1)) remaining provisions commenced 1 May 1984 (proc pubd gaz 28 April 1984 p1791) as amended by- Corrective Services (Consequential Amendments) Act 1988 No. 88 s 3 sch 1 date of assent 1 December 1988 ss 1-2 commenced on date of assent (see s 2(1)) remaining provisions commenced 15 December 1988 (see s 2(2) and o in c pubd gaz 10 December 1988 p 1675) Statute Law Revision Act (No. 2) 1995 No. 58 ss 1-2, 4 sch 1 date of assent 28 November 1995 commenced on date of assent ´5 List of annotations Commencement s 2 om R1 (see RA s 37) Definitions prov hdg sub 1995 No. 58 s 4 sch 1 s 3 def "Minister" om R1 (see RA s 39) def "Parole Board" om 1988 No. 88 s 3 sch 1 def "parole order" amd 1988 No. 88 s 3 sch 1 def "Queensland Community Corrections Board" ins 1988 No. 88 s 3 sch 1 def "regional community corrections board" ins 1988 No. 88 s 3 sch 1 def "Territory" om R1 (see RA s 39) Registrar of transferred parole orders s 5 amd 1988 No. 88 s 3 sch 1 Requests for registration of transferred parole orders s 6 amd 1988 No. 88 s 3 sch 1; 1995 No. 58 s 4 sch 1 Documents to accompany requests s 7 amd 1988 No. 88 s 3 sch 1 Registration s 9 amd 1988 No. 88 s 3 sch 1 Effect of registration s 10 amd 1988 No. 88 s 3 sch 1 Delegation s 12 sub 1995 No. 58 s 4 sch 1 Regulations s 14 amd 1995 No. 58 s 4 sch 1 ´6 Table of obsolete and redundant provisions TABLE OF OBSOLETE AND REDUNDANT PROVISIONS under the Reprints Act 1992 s 39 Omitted provision Provision making omitted provision obsolete/redundant def "Minister" Acts Interpretation Act 1954 s 36 def "Minister" and ss 33(1) to (4) and 24B(8)(b) (see also Reprints Act 1992 s 39, example 2) definitions to be read in context Acts Interpretation Act 1954 s 32A references to a Territory Acts Interpretation Act 1954 s 36 def "Territory"