Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts19. After Part IV of the Principal Act the following Part is inserted:
“69A. In this Part—
‘arrangement' means an arrangement under section 69C or, if such an arrangement has been varied by a further arrangement under that section, the arrangement as so varied;
‘escort' means a person (whether or not an officer) who is authorised by or under an agreement or arrangement or a transfer order to take and keep temporary control of a young offender;
‘Minister', in relation to a State or another Territory, means—
(a) except as provided by paragraph (b)—a Minister of the Crown of that State or Territory; or
(b) in the case of the Northern Territory—a person holding Ministerial office under the Northern Territory (Self-Government) Act 1978 of the Commonwealth;
‘person responsible', in relation to a young offender, means—
(a) a parent of the young offender;
(b) a person who has the temporary control of the young offender (whether or not the person has the custody of the young offender); or
(c) a person who had the temporary control of the young offender immediately before the young offender became subject to detention under this Act;
‘receiving State' means the State to which a young offender is transferred;
‘sending State' means the State from which a young offender is transferred;
‘State' includes a Territory;
‘transfer order' means an order under section 69G;
‘young offender' means—
(a) a person who is—
(i) under the age of 18 years and has committed an offence against the law of a State; or
(ii) of or over the age of 18 years, but under the age of 21 years, and has committed an offence against the law of a State when the person was under the age of 18 years;
and who has been dealt with for the offence under a law which applies in that State and which relates to the punishment of a person who is under the age of 18 years, but who is not on remand; or
(b) a person in respect of whom an order under paragraph 47 (1) (b), (c), (d), (e), (f), (g), (h), (i) or (k) has been made.
“69B. (1) The Minister may enter into an agreement with a Minister of a State, or with a person authorised to enter into an agreement on behalf of such a Minister, providing generally—
(a) for the transfer of young offenders from or to the Territory; or
(b) for the transfer of young offenders through the Territory from a State to another State.
“(2) An agreement relating to a State shall not be entered into unless a regulation is in force declaring that the State has enacted legislation dealing with the interstate transfer of young offenders.
“69C. If an agreement with or on behalf of a Minister of a State is in force, the Director may make an arrangement with that Minister, with a person authorised by that Minister or with another person as provided in the agreement, for the transfer of a particular young offender—
(a) from the Territory to the State; or
(b) to the Territory from the State;
and may make a further arrangement with that Minister or such a person for the purpose of rectifying any error in such an arrangement.
“69D. (1) An arrangement for the transfer of a young offender from the Territory to a State shall not be made unless—
(a) the young offender or a person responsible for the young offender applies for the transfer to be made;
(b) the Director is of the opinion that the transfer is appropriate, having regard to all the circumstances, including—
(i) the place or intended place of residence of the parents or other relatives of the young offender;
(ii) the present and future education, training or employment of the young offender; and
(iii) the medical or other needs of the young offender;
(c) the young offender has been given independent legal advice of the effect of the arrangement;
(d) the young offender consents to the arrangement, or the Director determines that the particular circumstances of the case indicate the arrangement should be made without the young offender's consent; and
(e) the Director is satisfied that there is no appeal pending against an order of a court to which the young offender is subject.
“(2) For the purpose of deciding whether or not to arrange for the transfer of a young offender from the Territory to a State, the Director may ask—
(a) the young offender; or
(b) a person responsible for the young offender;
for any necessary information.
“(3) The Director may refuse to make an arrangement if information sought under this section is not supplied within the time specified by the Director.
“(4) This section does not apply to a further arrangement made for the purpose of rectifying an error.
“69E. An arrangement for the transfer of a young offender from a State to the Territory shall not be made unless the Director is satisfied that there are adequate facilities in the Territory for the young offender to be accepted and dealt with as provided in the arrangement.
“69F. (1) An arrangement for the transfer of a young offender from or to the Territory shall—
(a) be in writing;
(b) provide for the acceptance of, and means of dealing with, the young offender in the receiving State; and
(c) specify each order of a court of the sending State to which the young offender is subject (including any order required by a previous arrangement with the Territory or with a State to be treated as having been made by a court of the sending State).
“(2) For each order so specified, the arrangement shall—
(a) state the way in which it is to operate in the receiving State, which shall be as similar as possible to the way in which it would operate in the sending State if the arrangement were not made;
(b) state the maximum time for which it may operate, which shall not be longer than the maximum time for which it could operate in the sending State if the arrangement were not made;
(c) state any entitlement of the young offender to a reduction in detention in the sending State and how that entitlement is to operate in the receiving State, which shall be as similar as possible to the way in which it would operate in the sending State if the arrangement were not made; and
(d) state that a young offender who is subject to a non-probation period may be treated as being subject to an equivalent non-parole period, if the laws of the receiving State do not provide for non-probation periods.
“(3) A reference in this section to an order of a court shall be read as a reference to any sentence, detention, probation, parole or other order, which could be made or imposed by such a court.
“69G. (1) If the Director makes an arrangement under this Act for the transfer of a young offender from the Territory to a State in the temporary control of an escort, the Director shall make a written order which—
(a) directs the person who has temporary control of the young offender to deliver the young offender to the temporary control of the escort; and
(b) authorises the escort to take and keep temporary control of the young offender for the purpose of transferring the young offender to the place in the receiving State and to the temporary control specified in the arrangement.
“(2) The authority conferred on an escort by this section is conferred only on an escort who is—
(a) a member of the Police Force;
(b) a person appointed by the Director;
(c) an officer; or
(d) a person acting as an escort with the approval of the Director.
“69H. If, under an arrangement for the transfer of a young offender to the Territory, an escort authorised under the arrangement brings the young offender into the Territory, the escort, while in the Territory is authorised to take and keep temporary control of the young offender for the purpose of transferring the young offender to the place in the Territory and to the temporary control specified in the arrangement.
“69J. A young offender in respect of whom an order under paragraph 47 (1) (k) has been made—
(a) who is in temporary control under an arrangement made for his or her transfer from the Territory to a State; and
(b) who escapes or attempts to escape from that temporary control while he or she is not within the Territory or the receiving State;
is guilty of an offence against this Act and is liable for committal to an institution for not more than 3 months.
“69K. If a young offender is transferred from the Territory to a State under an arrangement, then, from the time the young offender arrives in that State, any sentence imposed on, or order made in relation to, the young offender in the Territory before that time ceases to have effect in the Territory except for the purpose of—
(a) any appeal against or review of any conviction, judgment, sentence or order made, imposed or fixed by a court of the Territory;
(b) taking into account any period of detention served before that time by the young offender or any reduction of the period of detention granted before that time;
(c) taking into account anything done before that time by the young offender in carrying out the order; and
(d) allowing for any remittance of money to the Territory which is or has been paid at any time in discharge or partial discharge of the sentence or order.
“69L. (1) If a young offender is transferred to the Territory from a State under an arrangement, then, from the time the young offender arrives in the Territory—
(a) any sentence imposed on, or order made in relation to, the young offender by a court of the sending State and specified in the arrangement is to be considered as having been imposed or made by such court of the Territory as is specified in the arrangement;
(b) any sentence or order considered by a previous arrangement with the Territory or with a State to have been imposed or made by a court of the sending State (being a sentence or order specified in the arrangement under which the young offender is transferred to the Territory) is to be considered as having been imposed or made by such court of the Territory as is specified in the arrangement; and
(c) any direction given or order made by a court of the sending State concerning the time when anything is to be done under an order made by a court of that State is, so far as practicable, to be considered as having been given or made by such court of the Territory as is specified in the arrangement.
“(2) Any such sentence, order or direction has effect in the Territory as specified in the arrangement and the laws of the Territory apply as if the court of the Territory specified in the arrangement—
(a) had had power to impose the sentence and to give or make the order or direction; and
(b) did in fact impose the sentence and make or give the order or direction when it was imposed, made or given.
“69M. (1) The Director may authorise the superintendent of an institution to receive, at the institution, young offenders being transferred through the Territory from a State to another State in accordance with an agreement.
“(2) If a young offender is brought into the Territory by an escort authorised by such an agreement to have temporary control of the young offender—
(a) while in the Territory, the escort for the time being is authorised to take and keep temporary control of the young offender for the purposes of the transfer; and
(b) a superintendent authorised under this section may (at the request of the escort for the time being and upon receiving from the escort written authority for the transfer of the young offender as provided in the agreement)—
(i) receive and detain the young offender at the institution in such temporary control and for such time as the escort requests, if it is reasonably necessary for the purposes of the transfer; and
(ii) at the end of that time, deliver the young offender into the temporary control of the escort.
“(3) In this section—
‘superintendent' means the person for the time being in charge of an institution.
“69N. (1) A young offender being transferred through the Territory from a State to another State in accordance with an agreement who escapes from the temporary control of an escort authorised by the agreement to have temporary control of the offender may be apprehended by any person without a warrant.
“(2) Where a young offender being so transferred through the Territory from a State to another State in the temporary control of such an escort—
(a) has escaped and been apprehended; or
(b) has attempted to escape;
the young offender may be taken before a magistrate who may, by warrant under his or her hand, order the young offender to be detained in temporary control at an institution.
“(3) Such a warrant may be executed according to its tenor.
“(4) A young offender who is apprehended pursuant to such a warrant shall, as soon as practicable, be brought before the Magistrates Court, in the case of a young offender who is of or over the age of 18 years, or the Childrens Court, in the case of a young offender who is under the age of 18 years, which may order—
(a) that the young offender be delivered to the temporary control of an escort; or
(b) that the young offender be detained for no longer than 7 days until an escort is available from the sending State to carry out the arrangement or any orders made by a court of that State.
“(5) If a young offender who is the subject of an order made by a magistrate is not, in accordance with the order, delivered into the temporary control of an escort within 7 days after the making of the order, the order has no further effect, but nothing in this section prevents a further such order from being made.
“(6) The references in subsections (4) and (5) to an escort for a young offender being transferred through the Territory from a State to another State under an agreement shall be read as a reference—
(a) to the escort authorised by the agreement to have temporary control of the young offender; or
(b) where the offender has escaped or attempted to escape—to 1 or more of the following persons:
(i) that escort;
(ii) a member of the Police Force of the sending State;
(iii) a person appointed by instrument in writing (by the Minister of the sending State or a person authorised to enter into an agreement on behalf of that Minister) to be an escort for the purpose of carrying out any orders of a court of the sending State.
“69P. (1) An escort, any member of the Police Force or any officer may apply to a magistrate for a search warrant if such a person has reasonable grounds for believing that a young offender, who has escaped from the temporary control of an escort while being transferred through the Territory from a State to another State in accordance with an agreement, is on or in premises.
“(2) A magistrate to whom such an application is made may, if satisfied that there are reasonable grounds for doing so, issue a search warrant authorising an escort, a member of the Police Force or an officer named in the warrant with such assistance, and with such force, as is necessary and reasonable—
(a) to enter specified premises;
(b) to inspect the premises for evidence of the young offender who has escaped from temporary control;
(c) to observe and converse with any person apparently residing there; and
(d) to apprehend the young offender at the premises.
“(3) There shall be stated in a warrant issued under this section—
(a) a statement of the purpose for which the warrant is issued, which shall include a reference to the identity of and a description of the young offender in relation to whom entry and search are authorised;
(b) whether entry is authorised to be made at any time of the day or night or during specified hours of the day or night; and
(c) a date, not being later than 1 month after the date of issue of the warrant, upon which the warrant ceases to have effect.
“(4) A member of the Police Force—
(a) may accompany an escort or an officer executing a search warrant issued under this section; and
(b) may take all reasonable steps to assist in the apprehension of the young offender at the premises.
“(5) In this section—
‘escort' means the escort authorised by the agreement to have temporary control of the young offender.
“69Q. (1) The Childrens Court may revoke a transfer order on application made to it by the Director that the young offender to whom it applies has, while being transferred, committed—
(a) the offence of escaping or attempting to escape; or
(b) any other offence.
“(2) This section applies whether—
(a) the offence concerned was an offence against the law of the Territory or of the receiving State or of a State through which the young offender was being transferred; or
(b) an information has been laid or a conviction secured in respect of the offence concerned or not.
“69R. (1) The Director may revoke a transfer order at any time before the young offender is delivered in the receiving State into the temporary control specified in the arrangement concerned.
“(2) Where, under this section, the Director revokes a transfer order, the Director may make a further arrangement with the receiving State for the return of the young offender to the Territory.
“69S. (1) For the purpose of forming an opinion or exercising a discretion under this Act, the Director may—
(a) be informed as the Director thinks fit; and
(b) have regard to reports from—
(i) any person responsible for a young offender; or
(ii) any person who has had the custody, temporary control, care or supervision of a young offender;
in the Territory or in a State.
“(2) Any such reports that relate to a Territory young offender may be sent to a Minister of a State who has entered into an agreement or on whose behalf an agreement has been entered into or to a person authorised under an agreement to make arrangements with the Director.”.