Return of prisoner if no sentence or shorter sentence in the Territory
18 Return of prisoner if no sentence or shorter sentence in the Territory
Where:
(a) a person is transferred to the Territory from a participating State or another Territory pursuant to an order issued under the provision of the interstate law of that participating State that corresponds to section 13 or 14(6) or under Part III of the Transfer of Prisoners Act 1983 of the Commonwealth, or both;
(b) so far as the Minister is aware, every complaint or information alleging any offence by the person against the law of the Territory or the Commonwealth has been finally dealt with according to law and as a result:
(i) the person did not become liable to serve any sentence of imprisonment in the Territory; or
(ii) the person did become liable to serve in the Territory one or more sentences of imprisonment under which the period of imprisonment remaining to be served is shorter than the period of imprisonment remaining to be served by the person under any translated sentence or translated sentences or any sentence of imprisonment that has been imposed upon the person for any other offence against a law of the Commonwealth or another Territory; and
the person is either a Territory prisoner or a joint prisoner,
the Minister shall, subject to section 21, issue an order for the transfer of the person to the participating State or to the other Territory, as the case may require.
This Act’s bill:Second reading speech
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