Service and Execution of Process Act 1992

The custodian of the prisoner, and any escort of the prisoner arranged by the custodian, have:

custody of the prisoner; and

while the prisoner is outside the State in which he or she was in prison—the same powers of detention and disposition of the prisoner as the custodian has in relation to the prisoner in that State; and

power to do such things as are necessary to ensure that the prisoner is:

produced in compliance with the order; and

afterwards returned to the prison in which the prisoner was in prison.

Without limiting subsection (1), the custodian or the escort may, in any State, require that a person in charge of a prison in the State:

receive the prisoner and keep the prisoner in custody for such time as the custodian or the escort requires; and

surrender custody of the prisoner to the custodian or the escort at the time and in the way that the custodian or the escort requires.

The person so required must comply with such requirements as are reasonable.

Subject to any conditions specified in writing by the custodian as conditions to be complied with while the prisoner is outside the State in which he or she was in prison, the law in force in the State that relates to the liability of a person who escapes from lawful custody applies to the prisoner while the prisoner is outside the State for the purposes of compliance with the order for production.

Subsection (4) does not apply to lawful custody in respect of an offence against a law of the Commonwealth.

A person who is serving a sentence of imprisonment in a State is taken to be serving that sentence while the person is outside the State for the purposes of compliance with the order for production so long as the person remains in the custody of the custodian or escort, or in custody arranged by the custodian or escort.