WARNING:
This Digest was prepared for debate. It reflects the legislation as
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Bill.
CONTENTS
International Transfer of Prisoners Bill
1996
Date Introduced: 21 November 1996
House: House of Representatives
Portfolio: Attorney-General
Commencement: Sections 1 and 2 commence on Royal
Assent. The remainder of the Bill commences on Proclamation.
The Bill provides for the transfer of prisoners to and from
Australia, and for the transfer of 'tribunal prisoners' (ie
prisoners, who have a connection with Australia, and who are
serving sentences imposed for war crimes by the Former Yugoslavia
Tribunal and the Rwanda Tribunal) to Australia.
In his Second Reading Speech to the Bill, the Attorney-General,
the Hon D Williams, noted several advantages in Australia's
participation in the international transfer of prisoners.These
include:
- humanitarian and rehabilitation;
- relieving pressure on Australia consular's posts; and
- possible financial savings to the States if there is a net
outflow of prisoners.
In relation to the transfer of 'tribunal prisoners' to
Australia, the Attorney-General noted that the International
War Crimes Tribunals Act 1995 allows Australia to assist the
endeavours of the tribunals in a variety of ways.Further, he
stated:
Persons convicted by the tribunals are to serve their sentences
in countries designated by the tribunals from a list of countries
which have indicated a willingness to accept such prisoners.
The Attorney-General also stated that Former Yugoslavia Tribunal
has asked whether Australia was prepared to accept persons serving
sentences imposed by it.
Proposed section 5 (Part 1) provides that relevant Commonwealth
and State ministerial consent is required before a prisoner may be
transferred from Australia or to Australia.
Proposed section 6 (Part 1) provides for the
prisoner (or prisoner's representative) to consent to the
transfer.
The requirements for transferring a prisoner are set out in
proposed section 10 and include the necessary
ministerial and prisoner consents.Non-tribunal prisoners who wish
to be transferred to Australia must be Australian citizens, or be
permitted to remain indefinitely in Australia pursuant to the
Migration Act 1958 and have community ties with Australia
(proposed section 13).
Tribunal Prisoners
A 'tribunal prisoner' is defined in proposed section
4 as one who is serving a sentence for war crimes imposed
by either the Former Yugoslavia Tribunal or the Rwanda
Tribunal.
The procedures for the transfer of tribunal prisoners are set
out in Part 5 of the Bill.The consent of a tribunal prisoner is not
required before transfer to Australia.However, the consent of the
Commonwealth Attorney-General and the relevant State or Territory
is required (proposed sections 36 and 37).Although
a tribunal prisoner need not be an Australian citizen nor satisfy
the requirements of the Migration Act 1958, the
Explanatory Memorandum states that he or she should have some
connection with Australia (p 2).The consent of the Minister for
Immigration and Multicultural Affairs must also be obtained
(proposed section 57).
Max Spry
21 March 1997
Bills Digest Service
Information and Research Services
This Digest does not have any official legal status. Other
sources should be consulted to determine whether the Bill has been
enacted and, if so, whether the subsequent Act reflects further
amendments.
IRS staff are available to discuss the paper's contents
with Senators and Members and their staff but not with members of
the public.
ISSN 1323-9031
© Commonwealth of Australia 1996
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Published by the Department of the Parliamentary Library,
1997.
This page was prepared by the Parliamentary Library,
Commonwealth of Australia
Last updated: 9 April 1997
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