Service and Execution of Process Act 1992

For the purpose of complying with an order made under paragraph 83(8)(b), or an order confirmed, varied or made under section 86 that is similar to an order mentioned in that paragraph, the person to whom the custody of the apprehended person has been committed may require that the person in charge of a prison in a State:

receive the apprehended person and keep the apprehended person in custody for such time as the first‑mentioned person requires; and

surrender custody of the apprehended person to the first‑mentioned person at the time and in the way that the first‑mentioned person requires.

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

An apprehended person who is a person under restraint and who is serving a period of home detention or a term of imprisonment by way of periodic detention is taken to be serving that period of home detention or term of imprisonment:

during the period commencing when the person is apprehended under section 82 and ending when the person is first taken before a magistrate under section 83; and

during any period during which the person is in custody under an order made under paragraph 83(3)(b), (4)(b), (8)(b) or (12)(b), paragraph 86(6)(b) or subsection 86(9).

The law in force in the place of issue of a warrant, being the law relating to the liability of a person who escapes from lawful custody, applies to a person being taken to the place of issue in compliance with an order mentioned in subsection (1).

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

A reference in this section to an order made under paragraph 83(8)(b) includes a reference to an order made under subsection 84(8) that relates to the first‑mentioned order.