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Wednesday, 4 May 1994
Page: 163


Senator SPINDLER (11.17 a.m.) —I now proceed to Australian Democrats amendment No.4, which seeks to insert a new clause after clause 23. As the bill presently stands, if a person who is serving a term of imprisonment is surrendered to the tribunal, there is no recognition of the time spent in the custody of the tribunal for the purposes of his or her Australian sentence. Section 37 recognises the time spent in the custody of the tribunal when a prisoner is released from prison to give evidence before the tribunal. The proposed clause 24AA duplicates the effect of section 37 for prisoners actually surrendered to the tribunal. I understand from the minister's comments that this clause is receiving government support. I move:

4.After clause 23, page 11, insert the following new clause:

Effect of surrender to Tribunal on person's terms of imprisonment

"23A.(1) If, at the time a person was surrendered to the Tribunal under this Part in connection with a Tribunal offence, the person was serving a sentence of imprisonment in respect of an offence against a law of the Commonwealth or of a Territory;

    (a)any time spent by the person in custody in connection with the surrender warrant; and

    (b)any time spent by the person in custody in connection with detention by, or on the order of, the Tribunal in respect of the Tribunal offence;

is to be counted as time served towards the sentence of imprisonment.

"(2) A reference in this section to time spent in custody includes a reference to time spent in custody outside Australia.".

  Proposed new clause agreed to.

  Clause 24 agreed to.

  Proposed new division.