Commonwealth Numbered Regulations - Explanatory Statements

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REMOVAL OF PRISONERS (TERRITORIES) REGULATION 2015 (SLI NO 165 OF 2015)

EXPLANATORY STATEMENT

Select Legislative Instrument No. 165, 2015

Issued by the authority of the Assistant Minister for Infrastructure and Regional Development

Removal of Prisoners (Territories) Regulation 2015

Authority

The Governor-General has made this Regulation in accordance with the power granted to him under section 14 of the Removal of Prisoners (Territories) Act 1923.

This Regulation is a legislative instrument for the purpose of the Legislative Instruments Act 2003.

Purpose and Operation

The purpose of the Removal of Prisoners (Territories) Regulation 2015 is to remake the Removal of Prisoners (Territories) Regulations.  The Legislative Instruments Act 2003 (LIA) provides that all legislative instruments, other than exempt instruments, progressively 'sunset' according to the timetable set out in the LIA. 

The re-made Regulation will ensure the continuation of an administrative process which allows prisoners to make an application to the Secretary of the Commonwealth Department with administrative responsibility for the Territories, to return to a Territory after the expiration of their custodial sentence.

Nothing would prevent the prisoner from returning to the IOT at their own expense.  However, the Act and Regulations provides for approval for return to the IOT at no cost to the prisoner.  The regulation being remade provides for the return of the prisoner at no cost to them:

Section 8 of the Removal of Prisoners (Territories) Act 1923 effectively provides that:

Where a prisoner has been removed in pursuance of this Act, the Governor-General, or the Government of the State or Territory to which the prisoner has been so removed ... that prisoner is entitled, on making application in such manner and within such time as is prescribed (in the Regulations), to be sent free of cost from the place at which he or she was discharged or released from custody to the Territory from which he or she was removed.

This Regulation is a legislative instrument for the purposes of the LLA.

This Regulation commence on the day after registration.

Part 1 - Preliminary

Section 1 - Name

This section provides that the title of this Regulation is the Removal of Prisoners (Territories) Regulation 2015.

Section 2 - Commencement

This section provides that this Regulation commence on the day after it is registered on the Federal Register of Legislative Instruments.

Section 3 - Authority

This section provides that this Regulation is made under the Removal of Prisoners (Territories) Act 1923.

Section 4 - Schedules

This section provides that each instrument that is specified in a Schedule to this Regulation is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Regulation have effect according to their terms.

Section 5 - Definitions

This section contains the defined terms used in this Regulation.

Section 6 - Return of removed prisoner

This section provides that for subsection 8(3) of the Removal of Prisoners (Territories) Act 1923, this Regulation can prescribe the timeframe in which an application can be made.  An application must be made to the Secretary within 14 days after the person is discharged or released from custody.  

Schedule 1- Repeal

Removal of Prisoners (Territories) Regulations

Item 1 Explanation

Item 1 will repeal the whole of the Removal of Prisoners (Territories) Regulations.

Statement of Compatibility with Human Rights

Prepared in Accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Removal of Prisoners (Territories) Regulation 2015

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Legislative Instrument

The purpose of this Regulation is to repeal the existing Regulations and substitute them with a new Regulation which will ensure that these Regulations are re-made before 1 October 2015, which is the date on which they are due to sunset.  The new Regulation will ensure the continuation of an administrative process which allows prisoners to make an application to the Secretary of the Commonwealth Department with administrative responsibility for the Territories to return to a Territory after the expiration of their custodial sentence.

Human Rights Implications

Amendments to the:

Removal of Prisoners (Territories) Regulations

The amendments to the legislation provided above do not engage any other human rights, as the amendments are of a minor or technical nature, and do not have significant impacts on the residents of the Territories.

Conclusion

As this Instrument promotes the rights of people with disabilities, it is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

The Hon Jamie Briggs, Assistant Minister for Infrastructure and Regional Development

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