Bills Digest 123 1996-97
International Transfer of Prisoners Bill 1996
WARNING:
This Digest was prepared for debate. It reflects the legislation as introduced
and does not canvass subsequent amendments. This Digest does not have any
official legal status. Other sources should be consulted to determine the
subsequent official status of the 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
Except to the extent of the uses permitted under the Copyright Act
1968, no part of this publication may be reproduced or transmitted
in any form or by any means, including information storage and retrieval
systems, without the prior written consent of the Parliamentary Library,
other than by Members of the Australian Parliament in the course of their
official duties.
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
|
