Western Australia

             Prisoners (Interstate Transfer) Amendment Act 2009


                              Western Australia

             Prisoners (Interstate Transfer) Amendment Act 2009

                                  CONTENTS

    1.   Short title       1
    2.   Commencement      1
    3.   Act amended       2
    4.   Part II heading replaced   2

           Part II - Transfer at request of prisoner
    5.   Section 5 amended 2
    6.   Section 9A inserted        2
           9A.    Matters to which the Minister may have regard         3
    7.   Section 9 amended 3
    8.   Section 21 amended         3



                              Western Australia








             Prisoners (Interstate Transfer) Amendment Act 2009

                                No. 1 of 2009

An Act to amend the Prisoners (Interstate Transfer) Act 1983.

                                                 [Assented to 17 April 2009]


The Parliament of Western Australia enacts as follows:

1.       Short title


                  This is the Prisoners (Interstate Transfer) Amendment Act
       2009.

2.       Commencement


                  This Act comes into operation as follows -
         (a)      sections 1 and 2 - on the day on which this Act receives
             the Royal Assent;
         (b)      the rest of the Act - on the day after that day.

3.       Act amended


                  This Act amends the Prisoners (Interstate Transfer)
       Act 1983.

4.       Part II heading replaced


                  Delete the heading to Part II and insert:

                  Part II - Transfer at request of prisoner


5.       Section 5 amended


         (1)      In section 5(1)(b) delete "Territory in the interests of
       the welfare of the prisoner," and insert:


                  Territory,


         (2)      In section 5(3)(b) delete "State in the interests of the
       welfare of the prisoner," and insert:


                  State,


         (3)      In section 5(5)(b) delete "Territory in the interests of
       the welfare of the prisoner," and insert:


                  Territory,


6.       Section 9A inserted


                  After section 8 insert:

    9A.  Matters to which the Minister may have regard

                   In forming an opinion or exercising a discretion under
           this Part, the Minister may have regard to any one or more of
           the following -
                  (a)      the welfare of the prisoner or person concerned;
                  (b)      the administration of justice in this or any
                 other State;
                  (c)      the security and good order of any prison in
                 this or any other State;
                  (d)      the safe custody of the prisoner or person
                 concerned;
                  (e)      the protection of the community in this or any
                 other State;
                  (f)      any other matter the Minister considers
                 relevant.


7.       Section 9 amended


                  In section 9(1) delete "may have regard to reports" and
       insert:


                  by reference to reports


8.       Section 21 amended


         (1)      In section 21(1)(a) delete "that it is in the interests
       of the welfare of the person".

         (2)      After section 21(1) insert:

          (2A)     In forming an opinion or exercising a discretion under
           this Part, the Minister may have regard to any one or more of
           the following -
                  (a)      the welfare of the person concerned;
                  (b)      the administration of justice in this or any
                 other State;
                  (c)      the security and good order of any prison in
                 this or any other State;
                  (d)      the safe custody of the person concerned;
                  (e)      the protection of the community in this or any
                 other State;
                  (f)      any other matter the Minister considers
                 relevant.

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