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.