Australian Capital Territory
Prisoners Interstate Leave Act 1997
A1997-99
Republication No 1 (RI)
Effective:  17 April 2000 – 11 September 2001
Republication date of printed version: 17 April 2000
Reissued electronically: 31 January 2011
Last amendment made by A1998-67
(republication includes editorial amendments under 
Legislation (Republication) Act 1996)

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 effective 17 April 2000 to 11 September 2001.
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 (Republication) Act 1996, part 3, division 2 authorised 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 (Republication) Act 1996, s 14 and s 16).  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.  
This republication includes amendments made under section 13.

Australian Capital Territory

prisoners interstate leave act 1997
This consolidation has been prepared by the ACT Parliamentary Counsel’s Office

TABLE OF PROVISIONS
Section
part i—preliminary
	1.	Short title
	2.	Commencement
	3.	Interpretation
part II—recognition of other jurisdictions
	4.	Declaration of participating jurisdictions
part iII—leave of absence for Prisoners
	5.	Interpretation
	6.	Grants of interstate leave of absence permits
	7.	Conditions and restrictions
	8.	Length of period of leave of absence
	9.	Assigned escorts
	10.	Variation of permits
	11.	Effect of permits
	12.	Custody of prisoners
	13.	Powers of assigned escorts

part iv—interstate prisoners on leave of absence in the territory
	14.	Interpretation
	15.	Effect of interstate permits
	16.	Escape from custody
	17.	Powers of escorts who are police or custodial officers
part v—miscellaneous
	18.	Regulations
	ENDNOTES
	1	About this republication	
	2	Abbreviation key	
	3	Table of legislation	
	4	Table of amendments	
	5	Penalties in this republication	

As in force on
17 April 2000

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 Territory
part 1—preliminary
1 	Short title
	This Act may be cited as the Prisoners’ Interstate Leave Act 1997.
2 	Commencement
(1) 	Section 1 and this section commence on the day on which this Act is notified in the Gazette.
(2) 	The remaining provisions commence on a day, or respective days, fixed by the Minister by notice in the Gazette.
(3) 	If a provision referred to in subsection (2) has not commenced before the end of the period of 6 months commencing on the day on which this Act is notified in the Gazette, that provision, by force of this subsection, commences on the first day after the end of that period.

3 	Interpretation
(1) 	In this Act:
Note	A definition applies except so far as the contrary intention appears (see Interpretation Act 1967, s 11G).
administrator means the administrator provided for by the Remand Centres Act 1976.
corresponding law means a law of a participating jurisdiction, being a law that corresponds to this Act.
participating jurisdiction means a State or Territory in which there is in force a corresponding law.
(2) 	Any function that, by a corresponding law, is to be vested on, or discharged by, the person responsible for the conduct of prisons in the Territory may be vested on, or discharged by, the administrator.

part 2—recognition of other jurisdictions
4 	Declaration of participating jurisdictions
(1) 	Subject to subsection (2), the Minister may, by notice published in the Gazette, declare that a law of a State or another Territory is a corresponding law for the purposes of 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.

part 3—leave of absence for Prisoners
5 	Interpretation
(1) 	In this Part:
assigned escort, in relation to a permit or to a prisoner who is absent from a remand centre by virtue of a permit, means the escort or escorts assigned to perform functions in relation to the permit under subsection 9 (5).
custodial officer means a person who is a custodial officer in relation to a remand centre under section 6AA of the Remand Centres Act 1976.
escort means an escort under the Custodial Escorts Act 1998.
permit means a permission under section 6.
prisoner means a person detained in a remand centre.
remand centre has the same meaning as in the Remand Centres Act 1976.
(2) 	A reference in this Part to a condition or restriction that a permit is subject to shall be read, where a condition or restriction has been varied, to the condition or restriction as varied.
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, being a purpose of a kind set out in subsection (2).
(2) 	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 the purposes of 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 deems appropriate and is specified in the permit.
(2) 	A permit has effect subject to such conditions and restrictions as—
	(a)	are prescribed by the regulations; or
	(b)	are of a kind that is prescribed by the regulations and are specified in the permit; or
	(c)	are specified under subsection (1) or section 10.
8 	Length of period of leave of absence
(1) 	A permit has effect for such period as is specified in the permit, being a period that does not exceed 7 days.
(2) 	The administrator may, before the expiry of the currency of a permit, extend it or further extend it, as the case requires, for not more than 7 days.

9 	Assigned escorts
(5) 	Subject to subsection (6), the administrator shall assign 1 or more escorts to perform functions in relation to each permit granted under this Part.
(6) 	The administrator shall not assign under subsection (5) an escort who is a police officer without the consent of the chief police officer.
(7) 	Where more than 1 escort is assigned in relation to a permit, the administrator shall designate 1 of them as the senior escort.
(8) 	In this section:
chief police officer means the police officer who is responsible to the commissioner of police for the day-to-day administration and control of police services in the Territory.
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 by virtue of 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 in order 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 by virtue of a permit a prisoner is in the custody of the assigned escort or escorts, as the case requires.
(2) 	An assigned escort or the assigned escorts, as the case requires, 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 Territory; and
	(b)	resume that custody.
(3) 	On the expiry of the currency of a permit, the superintendent of the remand centre from which the prisoner has been on leave of absence resumes, by virtue of this subsection, custody of the prisoner.
13 	Powers of assigned escorts
(1) 	An assigned escort may—
	(a)	give to the prisoner such directions as are necessary and reasonable; and
	(b)	use such force as 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 in order 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 such other powers; and
	(b)	use such force, weapons or means of restraint;
as 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 Territory.
(5) 	In subsection (3):
frisk search, ordinary search and seizable item have the same respective meanings as in Part 10 of the Crimes Act 1900.

part 4—interstate prisoners on leave of absence in the territory
14 	Definitions for pt 4
	In this Part:
interstate permit means a permit, issued under a corresponding law, permitting a prisoner to travel in or through the Territory and includes any condition or restriction to which the permit is subject.
prisoner means a person who is in custody under the law of a participating jurisdiction.
15 	Effect of interstate permits
(1) 	Where, under an interstate permit, a prisoner is brought to the Territory by an escort, the escort, while the prisoner is in the Territory, 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) 	Where, 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, not being the Territory; and
	(b)	in the course of the travel to or from the other jurisdiction the prisoner is brought into the Territory;
the escort, while the prisoner is in the Territory, 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 Territory.
(3) 	An escort appointed in relation to an interstate permit may use such force as is necessary to ensure that the permit and any conditions to which it is subject are observed.
(4) 	Where, under an interstate permit, a prisoner is permitted to be in the Territory without an escort, the prisoner shall be deemed, while in the Territory, 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) 	Where a prisoner who is in escorted custody in the Territory escapes or attempts to escape from custody—
	(a)	the interstate permit by virtue of which the prisoner is in the Territory ceases, by virtue of this paragraph, to have effect in the Territory; 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 paragraph (1) (b) shall deliver the prisoner into the custody of a police officer as soon as practicable.
(3) 	A police officer who apprehends a prisoner under paragraph (1) (b) or into whose custody a prisoner is delivered under subsection (2) shall cause the prisoner to be brought 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 Territory.
(5) 	In this section:
appropriate interstate escort means—
	(a)	a person who had custody of the prisoner when the prisoner entered the Territory; 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 such manner and in such circumstances as would be lawful in the participating jurisdiction in which the interstate permit was issued if the use occurred in that jurisdiction, does not commit an offence against a law of the Territory by reason of that use.

part 5—miscellaneous
18 	Regulations
	The Executive may make regulations for the purposes of this Act.

ENDNOTES
1	About this republication
This is a republication of the Prisoners’ Interstate Leave Act 1997 as in force on 17 April 2000.  It includes all amendments made to the Act up to Act 1998 No 67.
Amending laws are annotated in the table of legislation and table of amendments.
The Parliamentary Counsel’s Office currently prepares 2 kinds of republications of ACT laws:  authorised printed republications to which the Legislation (Republication) Act 1996 applies and unauthorised electronic republications.  The status of this republication appears on the cover.
Section 13 of the Legislation (Republication) Act 1996 authorises the Parliamentary Counsel, in preparing a law for republication, to make textual amendments of a formal nature which the Parliamentary Counsel considers desirable in accordance with current legislative drafting practice.  The amendments do not effect a substantive change in the law.
In preparing this republication, amendments have been made under section 13.
Not all amendments made under section 13 are annotated in the table of amendments.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
2	Abbreviation key
Key to abbreviations in tables

am = amended
amdt = amendment
ch = chapter
cl = clause
def = definition
dict = dictionary
div = division
exp = expires/expired
Gaz = Gazette
hdg = heading
ins = inserted/added
LR = Legislation (Republication) Act 1996
mod = modified
No = number
notfd = notified
o = order
om = omitted/repealed
orig = original
p = page
par = paragraph
pres = present
prev = previous
(prev...) = previously
prov = provision
pt = part
r = rule/subrule
reg = regulation/subregulation
renum = renumbered
reloc = relocated
R[X] = Republication No
s = section/subsection
sch = schedule
sdiv = subdivision
sub = substituted
SL  = Subordinate Law
sp = spent
*  = SL unless otherwise stated
† = Act or Ordinance unless otherwise stated

3	Table of legislation
Act†	Year and number†	Gazette
notification	Commencement	Transitional provisions	

Prisoners’ Interstate Leave Act 1997	1997 No 99	24 Dec 1997	ss 1 and 2:  24 Dec 1997
remainder:  24 June 1998		
Custodial Escorts (Consequential Provisions) Act 1998	1998 No 67	23 Dec 1998	ss 1 and 2:  23 Dec 1998
remainder:  23 Dec 1998 (see Gaz 1998 No 51 p 1118)
	—	
4	Table of amendments

Provision	How affected†

s 5	am 1998 No 67
s 9	am 1998 No 67
s 13	am 1998 No 67
s 16	am 1998 No 67

5	Penalties in this republication
The penalties in this republication have been revised in accordance with the Interpretation Act 1967, s 63.  The value of a penalty unit for an offence against this Act at the date of publication is, therefore—
	(a)	if the person charged is an individual—$100; or
	(b)	if the person charged is a corporation—$500.
See Interpretation Act 1967, s 33AA for additional information.

©  Australian Capital Territory 2011