Australian Capital Territory
Prisoners Interstate Leave Act 1997     No 99
Republication No 3
Republication date: 1 October 2002
Last amendment made by Act 2002 No 30
Amendments incorporated to 17 September 2002

Unauthorised version prepared by ACT Parliamentary Counsel's Office
About this republication
The republished law
This is a republication of the Prisoners Interstate Leave Act 1997 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 1 October 2002.  It also includes any amendment, repeal or expiry affecting the republished law to 17 September 2002.  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
When preparing the authorised version of this republication amendments were made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date is—
	(a)	if the person charged is an individual—$100; or
	(b)	if the person charged is a corporation—$500.

Amendments incorporated to
17 September 2002

Australian Capital Territory
Prisoners Interstate Leave Act 1997

Contents
	Page

Part 1	Preliminary
	1	Name of Act	2
	2	Dictionary	2
	2A	Notes	2
	3	Functions of administration under corresponding laws	2
Part 2	Recognition of other jurisdictions
	4	Declaration of participating jurisdictions	3
Part 3	Leave of absence for prisoners
	6	Grants of interstate leave of absence permits	4
	7	Conditions and restrictions	5
	8	Length of period of leave of absence	5
	9	Assigned escorts	5
	10	Variation of permits	6
	11	Effect of permits	6
	12	Custody of prisoners	6
	13	Powers of assigned escorts	7
Part 4	Interstate prisoners on leave of absence in the ACT
	15	Effect of interstate permits	9
	16	Escape from custody	10
	17	Powers of escorts who are police or custodial officers	11
Part 5	Miscellaneous
	18	Regulation-making power	12
Dictionary		13
Endnotes
	1	About the endnotes	15
	2	Abbreviation key	15
	3	Legislation history	16
	4	Amendment history	16
	5	Earlier republications	18

Amendments incorporated to
17 September 2002

Australian Capital Territory
Prisoners Interstate Leave Act 1997

An Act to provide for interstate leave of absence for prisoners and the recognition of interstate laws permitting prisoners’ leave of absence in the ACT

    

Part 1	Preliminary
1	Name of Act
This Act is the Prisoners Interstate Leave Act 1997.
2	Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1	The dictionary at the end of this Act defines certain words and expressions used in this Act, and includes references (signpost definitions) to other words and expressions defined elsewhere in this Act or in other legislation.
	For example, the signpost definition ‘custodial officer—see the Remand Centres Act 1976, section 3.’ means that the expression ‘custodial officer’ is defined in that section and the definition applies to this Act.
Note 2	A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act 2001, s 155 and s 156 (1)).
2A	Notes
A note included in this Act is explanatory and is not part of this Act.
Note	See Legislation Act 2001, s 127 (1), (4) and (5) for the legal status of notes.
3	Functions of administration under corresponding laws
If a corresponding law gives a function to the person responsible for the conduct of prisons in the ACT, the function may be exercised by the administrator.

Part 2	Recognition of other jurisdictions
4	Declaration of participating jurisdictions
	(1)	Subject to subsection (2), the Minister may, in writing, declare that a law of a State or another Territory is a corresponding law for this Act.
	(2)	The Minister shall not make a declaration under subsection (1) unless he or she is satisfied that the law to which the declaration relates contains provisions that substantially correspond to the provisions of this Act.
	(3)	A declaration under subsection (1) is a notifiable instrument.
Note 	A notifiable instrument must be notified under the Legislation Act 2001.

Part 3	Leave of absence for prisoners
6	Grants of interstate leave of absence permits
	(1)	The administrator may, in writing, grant to a prisoner permission to absent himself or herself from a remand centre and to travel in or through a participating jurisdiction specified in the permission for a purpose that is specified in the permission.
	(2)	However, the administrator must give a permit only for a purpose mentioned in subsection (3).
	(3)	A permit may be granted for any of the following purposes:
	(a)	the medical treatment of the prisoner;
	(b)	to visit a person with whom the prisoner has had a longstanding personal relationship if that person is seriously ill or in acute personal need;
	(c)	to attend the funeral of a person with whom the prisoner has had a longstanding personal relationship;
	(d)	if the prisoner is of Aboriginal or Torres Strait Islands origin—to attend—
	(i)	the funeral service or burial of a member of his or her immediate or extended family; or
	(ii)	an occasion of special significance to members of his or her immediate or extended family;
	(e)	any other compassionate purpose;
	(f)	to assist a police officer of the ACT or another State or Territory with the investigation of an offence;
	(g)	for any other purpose described in the regulations.
	(3)	For this section, a person is of Aboriginal or Torres Strait Islands origin if he or she—
	(a)	is a descendant of an Aboriginal person or a Torres Strait Islander; and
	(b)	identifies as an Aboriginal person or a Torres Strait Islander; and
	(c)	is accepted as an Aboriginal person or a Torres Strait Islander by an Aboriginal or a Torres Strait Island community.
7	Conditions and restrictions
	(1)	A permit may be issued subject to any condition or restriction that the administrator considers appropriate and is specified in the permit.
	(2)	A permit has effect subject to the conditions and restrictions—
	(a)	prescribed by the regulations; or
	(b)	of a kind that is prescribed by the regulations and are specified in the permit; or
	(c)	specified under subsection (1) or section 10.
8	Length of period of leave of absence
	(1)	A permit has effect for the period specified in the permit, being a period that does not exceed 7 days.
	(2)	The administrator may, before the end of the currency of a permit, extend it or further extend it for not more than 7 days.
9	Assigned escorts
	(1)	Subject to subsection (2), the administrator must assign 1 or more escorts to exercise functions in relation to each permit granted under this part.
	(2)	The administrator must not assign under subsection (5) an escort who is a police officer without the consent of the chief police officer.
	(3)	If more than 1 escort is assigned in relation to a permit, the administrator must designate 1 of them as the senior escort.
10	Variation of permits
	(1)	Subject to this section, the administrator may, in writing, at any time—
	(a)	vary or revoke a permit; or
	(b)	vary, omit or add a condition or restriction to a permit.
	(2)	Subject to this section, while a prisoner is absent from a remand centre under a permit, the assigned escort or, if more than 1 escort has been assigned, the escort designated as the senior escort, may—
	(a)	vary or revoke the permit; or
	(b)	extend, or further extend, the currency of a permit; or
	(c)	vary, omit or add a condition or restriction to a permit.
	(3)	This section does not apply in relation to a condition or restriction that is, or is of a kind, that is prescribed by the regulations.
11	Effect of permits
Subject to this part, a prisoner to whom a permit has been granted is authorised to take leave of absence from a remand centre to undertake travel and return to the remand centre in accordance with the permit and the conditions and restrictions to which it is subject.
12	Custody of prisoners
	(1)	While on leave of absence from a remand centre under a permit, a prisoner is in the custody of the assigned escort or escorts.
	(2)	An assigned escort or the assigned escorts may—
	(a)	transfer the custody of the prisoner to whom the permit relates to a person in charge of a prison, correctional centre, watch-house or other institution, whether within or outside the ACT; and
	(b)	resume that custody.
	(3)	On the end of the currency of a permit, the superintendent of the remand centre from which the prisoner has been on leave of absence resumes, under this subsection, custody of the prisoner.
13	Powers of assigned escorts
	(1)	An assigned escort may—
	(a)	give to the prisoner directions that are necessary and reasonable; and
	(b)	use force that is necessary and reasonable;
to ensure that the permit, and any conditions and restrictions to which it is subject, are observed by the prisoner.
	(2)	A prisoner to whom a permit has been issued shall not disobey a direction given by an assigned escort under subsection (1).
Maximum penalty:	 	50 penalty units, imprisonment for 6 months or both.
	(3)	An escort may, if he or she suspects on reasonable grounds that it would be prudent to do so to ascertain whether a prisoner is carrying a seizable item—
	(a)	conduct a frisk search or an ordinary search of the prisoner; and
	(b)	seize any seizable item found as a result of the search.
	(4)	In addition to the powers conferred by subsection (1) or (3), for the purpose of ensuring a prisoner’s compliance with this Act, the relevant permit and any condition or restriction to which the permit is subject, an assigned escort who is a police officer or custodial officer may—
	(a)	exercise other powers; and
	(b)	use force, weapons or means of restraint;
that he or she may lawfully exercise or use in his or her capacity as a police officer or custodial officer, as the case requires, by or under any other law in force in the ACT.
	(5)	In subsection (3):
frisk search—see the Crimes Act 1900, section 185.
ordinary search—see the Crimes Act 1900, section 185.
seizable item—see the Crimes Act 1900, section 185.

Part 4	Interstate prisoners on leave of absence in the ACT
15	Effect of interstate permits
	(1)	If, under an interstate permit, a prisoner is brought to the ACT by an escort, the escort, while the prisoner is in the ACT, is authorised to hold, take and keep custody of the prisoner in accordance with the corresponding law under which the permit is issued for the purpose of escorting him or her—
	(a)	for the purpose or purposes set out in the interstate permit; and
	(b)	in accordance with the terms of the interstate permit;
and then returning him or her to the participating jurisdiction where the permit was issued.
	(2)	If, under an interstate permit issued in a participating jurisdiction—
	(a)	a prisoner is permitted to travel in the custody of an escort to another jurisdiction, other than the ACT; and
	(b)	in the course of the travel to or from the other jurisdiction the prisoner is brought into the ACT;
the escort, while the prisoner is in the ACT, is authorised to hold, take and keep custody of the prisoner for the purpose of escorting him or her, in accordance with the terms of the interstate permit, through the ACT.
	(3)	An escort appointed in relation to an interstate permit may use the force that is necessary to ensure that the permit and any conditions to which it is subject are observed.
	(4)	If, under an interstate permit, a prisoner is permitted to be in the ACT without an escort, the prisoner shall be deemed, while in the ACT, to be in lawful custody in accordance with the laws of the jurisdiction in which the interstate permit was issued.
16	Escape from custody
	(1)	If a prisoner who is in escorted custody in the ACT escapes or attempts to escape from custody—
	(a)	the interstate permit under which the prisoner is in the ACT ceases, under this paragraph, to have effect in the ACT; and
	(b)	the prisoner, if he or she has escaped, may be apprehended by any person without a warrant.
	(2)	A person other than a police officer who apprehends a prisoner under subsection (1) (b) must deliver the prisoner into the custody of a police officer as soon as practicable.
	(3)	A police officer who apprehends a prisoner under subsection (1) (b) or into whose custody a prisoner is delivered under subsection (2) must bring the prisoner before a magistrate as soon as practicable.
	(4)	A magistrate before whom a prisoner is brought under subsection (3) may order that the prisoner—
	(a)	be returned in custody to the participating jurisdiction where the interstate permit had issued; and
	(b)	that, for that purpose, he or she be placed within 7 days in the custody of an appropriate interstate escort; and
	(c)	that, until appropriate arrangements are made for an appropriate interstate escort to take custody of the prisoner or 7 days have expired, whichever sooner happens, the prisoner be detained in custody in the ACT.
	(5)	In this section:
appropriate interstate escort means—
	(a)	a person who had custody of the prisoner when the prisoner entered the ACT; or
	(b)	a police officer or custodial officer holding office in the jurisdiction to which the prisoner is to be returned; or
	(c)	a person appointed in writing by a person who, in the jurisdiction to which the prisoner is to be returned, has authority to issue interstate leave permits.
prisoner includes—
	(a)	a prisoner who has escaped from custody; and
	(b)	a prisoner who, having escaped, has been apprehended.
17	Powers of escorts who are police or custodial officers
An escort who, for the purpose of—
	(a)	keeping custody of a prisoner; or
	(b)	apprehending a prisoner who has escaped;
uses force, weapons or means of restraint in a manner and in circumstances that would be lawful in the participating jurisdiction where the interstate permit was issued if the use occurred in that jurisdiction, does not commit an offence against a Territory law by reason of that use.

Part 5	Miscellaneous
18	Regulation-making power
The Executive may make regulations for this Act.
Note	Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.

Dictionary
(see s 2)
Note 1	The Legislation Act 2001 contains definitions and other provisions relevant to this Act.
Note 2	In particular, the Legislation Act 2001, dict, pt 1, defines the following terms:
·	ACT
·	chief police officer
·	custodial escort
·	police officer
·	remand centre
·	remand centre administrator
·	the Territory.
administrator means the remand centre administrator.
assigned escort, in relation to a permit or a prisoner who is absent from a remand centre under a permit, means the escort assigned to exercise functions in relation to the permit under section 9 (1).
corresponding law means a law of a participating jurisdiction that corresponds to this Act.
custodial officer—see the Remand Centres Act 1976, section 3.
escort means a custodial escort.
interstate permit means a permit, issued under a corresponding law, permitting a prisoner to travel in or through the ACT, and includes any condition or restriction to which the permit is subject.
participating jurisdiction means a State or another Territory in which there is in force a corresponding law.
permit means a permission under section 6.
prisoner means—
	(a)	for part 3 (Leave of absence for prisoners)—a person detained in a remand centre; and
	(b)	for part 4 (Interstate prisoners on leave of absence in the Territory)—a person in custody under the law of a participating jurisdiction.

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
If the republished law includes penalties, current information about penalty unit values appears on the republication inside front cover.
2	Abbreviation key

am = amended	ord = ordinance	
amdt = amendment	orig = original	
ch = chapter	p = page	
cl = clause	par = paragraph	
def = definition	pres = present	
dict = dictionary	prev = previous	
disallowed = disallowed by the Legislative 	(prev...) = previously	
Assembly	prov = provision	
div = division	pt = part	
exp = expires/expired	r = rule/subrule	
Gaz = Gazette	reg = regulation/subregulation	
hdg = heading	renum = renumbered	
IA = Interpretation Act 1967	reloc = relocated	
ins = inserted/added	R[X] = Republication No	
LA = Legislation Act 2001	s = section/subsection	
LR = legislation register	sch = schedule	
LRA = Legislation (Republication) Act 1996	sdiv = subdivision	
mod = modified / modification	sub = substituted	
No = number	SL  = Subordinate Law	
num = numbered	underlining = whole or part not commenced	
o = order	or to be expired	
om = omitted/repealed		
3	Legislation history
The Prisoners Interstate Leave Act 1997 was originally the Prisoners’ Interstate Leave Act 1997.  It was renamed by the Statute Law Amendment Act 2002 No 30 (see amdt 3.603).
Prisoners Interstate Leave Act 1997 No 99
notified 24 December 1997 (Gaz 1997 No S420)
s 1, s 2 commenced 24 December 1997 (s 2 (1))
remainder commenced 24 June 1998 (s 2 (3))
as amended by
Custodial Escorts (Consequential Provisions) Act 1998 No 67 pt 9
notified 23 December 1998 (Gaz 1998 No S212)
s 1, s 2 commenced 23 December 1998 (s 2 (1))
pt 9 commenced 23 December 1998 (s 2 (2) and Gaz 1998 No 51)
Legislation (Consequential Amendments) Act 2001 No 44 pt 297
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 297 commenced 12 September 2001 (s 2 and Gaz 2001 No S65)
Statute Law Amendment Act 2002 No 30 pt 3.53
notified LR 16 September 2002
s 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2))
pt 3.53 commenced 17 September 2002 (s 2 (1))
4	Amendment history
Name of Act
s 1	sub 2002 No 30 amdt 3.603
Dictionary
s 2	om 2001 No 44 amdt 1.3277
	ins 2002 No 30 amdt 3.604
Notes
s 2A	ins 2002 No 30 amdt 3.604
Functions of administration under corresponding laws
s 3	sub 2002 No 30 amdt 3.604
Declaration of participating jurisdictions
s 4	am 2001 No 44 amdt 1.3278-1.3279
Interpretation for pt 3
s 5	om 2002 No 30 amdt 3.605
	def escort am 1998 No 67 s 32
Grants of interstate leave of absence permits
s 6	am 2002 No 30 amdt 3.606, amdt 3.607
Conditions and restrictions
s 7	am 2002 No 30 amdt 3.609
Assigned escorts
s 9	am 1998 No 67 s 33; ss renum R1 LA; 2002 No 30 amdt 3.610
Powers of assigned escorts
s 13	am 1998 No 67 s 34; 2002 No 30 amdt 3.611
Definitions for pt 4
s 14	om 2002 No 30 amdt 3.612
Escape from custody
s 16	am 1998 No 67 s 35; 2002 No 30 amdt 3.613
Regulation-making power
s 18	sub 2001 No 44 amdt 1.3280
Dictionary
dict	ins 2002 No 30 amdt 3.614
	def administrator ins 2002 No 30 amdt 3.614
	def assigned escort ins 2002 No 30 amdt 3.614
	def corresponding law ins 2002 No 30 amdt 3.614
	def custodial officer ins 2002 No 30 amdt 3.614
	def escort ins 2002 No 30 amdt 3.614
	def interstate permit ins 2002 No 30 amdt 3.614
	def participating jurisdiction ins 2002 No 30 amdt 3.614
	def permit ins 2002 No 30 amdt 3.614
	def prisoner ins 2002 No 30 amdt 3.614

5	Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.  
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Except for the footer, electronic and printed versions of an authorised republication are identical. 

Republication No	Amendments to	Republication date	
1	Act 1998 No 67	17 April 2000	
2	Act 2001 No 44	26 February 2002	

Unauthorised version prepared by ACT Parliamentary Counsel's Office

©  Australian Capital Territory 2002