Queensland Numbered Acts Queensland Numbered ActsChapter 2 —
insert—
18A Definitions for part In this part—
"constable" means a constable as defined under the Removal of Prisoners Act 2004 (Norfolk Island) , section 3(1), other than a person mentioned in paragraph (b) of that definition.
"Norfolk Island court" means a court under the Removal of Prisoners Act 2004 (Norfolk Island) .
"Norfolk Island magistrate" means a Magistrate of the Territory under the Norfolk Island Act 1979 (Cwlth) .
"Norfolk Island prisoner" see section 18B.
"Norfolk Island warrant" means a warrant issued under the Removal of Prisoners Act 2004 (Norfolk Island) .
"order" , in relation to a Norfolk Island court or Norfolk Island magistrate—(a) means an order under the Removal of Prisoners Act 2004 (Norfolk Island) ; and(b) includes a warrant mentioned in the Removal of Prisoners Act 2004 (Norfolk Island) , section 3(3) issued by the court or magistrate.
18B Meaning of Norfolk Island prisoner(1) A
"Norfolk Island prisoner" is a person who is liable to undergo imprisonment or other detention in custody in Queensland under a law in force in Norfolk Island.(2) However, a
"Norfolk Island prisoner" does not include a person who is the subject of a direction under the Removal of Prisoners Act 2004 (Norfolk Island) , section 9.
18C Custody and detention of Norfolk Island prisoners(1) A constable who has a Norfolk Island prisoner in custody under a Norfolk Island warrant is authorised to have custody of, and deal with, the Norfolk Island prisoner in Queensland under the warrant.(2) A corrective services officer may, under a Norfolk Island warrant—(a) take control of the Norfolk Island prisoner the subject of the warrant from a constable in Queensland; and(b) transport the Norfolk Island prisoner to a corrective services facility.(3) However, a corrective services officer may act under subsection (2) only if the chief executive has been given the Norfolk Island warrant or a copy of the warrant.(4) A Norfolk Island prisoner may be admitted to and detained in a corrective services facility specified by the chief executive for the period of the Norfolk Island prisoner’s imprisonment or other detention.(5) A Norfolk Island prisoner is taken to be in the chief executive’s custody—(a) while under the control of a corrective services officer under subsection (2); and(b) while detained in a corrective services facility under subsection (4).(6) The Norfolk Island prisoner remains in the chief executive’s custody until discharged—(a) except for any time when the Norfolk Island prisoner is lawfully in another person’s custody; and(b) even if the Norfolk Island prisoner is lawfully outside a corrective services facility.(7) Subsection (4) applies despite anything stated in a Norfolk Island warrant about—(a) a specified corrective services facility in which the period of imprisonment or other detention is to be served; or(b) a specified person in charge of a corrective services facility to whom the Norfolk Island prisoner is to be produced.
18D Application of Act to Norfolk Island prisoners(1) This Act applies in relation to a Norfolk Island prisoner who is in the chief executive’s custody under section 18C—(a) as if the order or sentence of the Norfolk Island court or Norfolk Island magistrate under which the Norfolk Island prisoner is liable to undergo imprisonment or other detention were made or imposed by a court of the State under a law of the State; and(b) subject to subsection (2) and a regulation made under subsection (3).(2) Chapter 5 does not apply in relation to the Norfolk Island prisoner unless a regulation under subsection (3) provides otherwise.(3) A regulation may provide that a provision of this Act, other than a provision of this part—(a) does, or does not, apply to the Norfolk Island prisoner; or(b) applies to the Norfolk Island prisoner as modified by the regulation.(4) A regulation under subsection (3) must declare it is made under that subsection.(5) However, the application of this Act to the Norfolk Island prisoner—(a) applies subject to—(i) the Removal of Prisoners Act 2004 (Norfolk Island) ; and(ii) the Sentencing Act 2007 (Norfolk Island) ; and(b) stops having effect if the Norfolk Island prisoner is discharged, or delivered into the custody of a constable under a Norfolk Island warrant.
18E Provision relating to parole for Norfolk Island prisoners(1) This section applies if, under a regulation made under section 18D(3), all or a part of chapter 5 (with or without modification) applies to a Norfolk Island prisoner who is in the chief executive’s custody under section 18C.(2) The parole board has the functions of a Board under the Sentencing Act 2007 (Norfolk Island) in relation to the Norfolk Island prisoner.(3) The parole board is not required to perform a function in relation to a Norfolk Island prisoner who is released on parole in Norfolk Island and is not in the State, unless the parole board is required to perform the function under an arrangement made with the Commonwealth under the Norfolk Island Act 1979 (Cwlth) , section 18C.
18F Producing Norfolk Island prisoners before Norfolk Island court at place in Queensland(1) The section applies if a Norfolk Island court, by order or a notice given to the chief executive, requires a Norfolk Island prisoner who is detained in a corrective services facility under a Norfolk Island warrant to be produced before a Norfolk Island court at a stated place in Queensland, at a stated time and for a stated purpose.(2) The chief executive must produce the Norfolk Island prisoner at the place and time, and for the purpose, stated in the order or notice of the Norfolk Island court.(3) If the order or notice of the Norfolk Island court requires the Norfolk Island prisoner to be transferred to a Norfolk Island court at a place in Queensland, the transfer of the Norfolk Island prisoner to the Norfolk Island court must be authorised by an order of the chief executive.(4) This section does not limit the application of section 69, as applying under section 18D, in relation to a Norfolk Island prisoner.
18G Return of Norfolk Island prisoners to Norfolk Island(1) This section applies if a constable gives the chief executive a Norfolk Island warrant or a copy of a Norfolk Island warrant requiring—(a) the delivery of a Norfolk Island prisoner who is detained in a corrective services facility under another Norfolk Island warrant into the custody of the constable; and(b) the constable to convey the Norfolk Island prisoner in custody to Norfolk Island.(2) The chief executive must deliver the Norfolk Island prisoner into the custody of the constable.(3) The delivery of the Norfolk Island prisoner into the custody of the constable must be authorised by an order of the chief executive.
18H Early discharge or release not prevented Nothing in this part prevents the early discharge or release of a Norfolk Island prisoner under a law of the Commonwealth or a law in force in Norfolk Island.
18I Particular Acts do not apply to Norfolk Island prisoners in chief executive’s custody(1) This section applies in relation to a Norfolk Island prisoner who is in the chief executive’s custody under section 18C.(2) The following Acts do not apply to the Norfolk Island prisoner even though the Norfolk Island prisoner is in the chief executive’s custody—(a) the Dangerous Prisoners (Sexual Offenders) Act 2003 ;(b) another Act prescribed by regulation that would otherwise apply to the Norfolk Island prisoner because the Norfolk Island prisoner is in the chief executive’s custody.(3) A regulation under subsection (2)(b)—(a) must declare it is made under that subsection; and(b) may be made in the same instrument as a regulation made under section 18D(3).
18J Evidentiary aid for Norfolk Island prisoners(1) In a proceeding under an Act, a document purporting to be a Norfolk Island warrant or a copy of a Norfolk Island warrant and to be signed by an authorised person is evidence of the matters stated in the document.(2) In this section—
"authorised person" has the meaning given by the Removal of Prisoners Act 2004 (Norfolk Island) .