Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The Mutual Assistance in Criminal Matters Act 1987 of the Commonwealth (the
Commonwealth Act) provides that the Commonwealth Attorney-General may make
arrangements for the travel of an offender to a foreign country for the purpose of
giving evidence at a proceeding or giving assistance in relation to an investigation
relating to a criminal matter.

The object of this Bill is to amend the Crimes (Administration of Sentences) Act 1999
(the principal Act) to complement the Commonwealth Act by establishing an
approval process that allows an offender to travel to a foreign country pursuant to a
request made by the Commonwealth Attorney-General under the Commonwealth
Act.

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act on the date of assent
to the proposed Act.

Clause 3 is a formal provision that gives effect to the amendments to the Crimes
(Administration of Sentences) Act 1999 set out in Schedule 1.

Clause 4 provides for the repeal of the proposed Act after all the amendments made
by the proposed Act have commenced. Once the amendments have commenced the
proposed Act will be spent and section 30 of the Interpretation Act 1987 provides
that the repeal of an amending Act does not affect the amendments made by that Act.

Schedule 1 Amendments
Schedule 1 [5] inserts proposed section 255A into the principal Act. The proposed
section allows the Commissioner of Corrective Services or, in the case of an offender
who is on release on parole or is subject to a home detention order, the State Parole
Authority to grant approval to a request from the Commonwealth Attorney-General
for an offender to be authorised to travel to a foreign country for the purpose of
giving evidence in a proceeding, or giving assistance in relation to an investigation,
relating to a criminal matter.

The proposed section also provides that an offender who is the subject of such an
approval is exempt from any requirement imposed by or under the principal Act or
any other Act that would prevent the offender from travelling to the foreign country.

Schedule 1 [1]–[4] make consequential amendments.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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