Prisoners (Interstate Transfer) Act 1983

Section 18 does not apply in respect of a person if:

the Minister receives a written request made by the person, being a request for the person to serve the person's imprisonment in the

Territory, and the Minister and:

in the case of a person transferred from a participating State (being a person who is a Territory prisoner) – the corresponding

Minister of the participating State;

in the case of a person transferred from a participating State (being a person who is a joint prisoner) – the corresponding

Minister of the participating State and the Attorney-General of the

Commonwealth; or

in the case of a person transferred from another Territory (being a person who is a joint prisoner) – the Attorney-General of the Commonwealth,

agree in writing that the person should serve the imprisonment in the Territory; or

an indeterminate sentence (not being a translated sentence) is imposed upon the person by a court of the Territory.

In making a decision for subsection (1)(a), the Minister may have regard to one or more of the following:

the welfare of the person;

the administration of justice in the Territory, a participating

State or another Territory;

the security and good order of any prison in the Territory, a participating State or another Territory;

the safe custody of the person;

the protection of the community in the Territory, a participating

State or another Territory;

any other matter the Minister considers relevant.

For the purposes of section 18, a complaint or information alleging an offence by a person is finally dealt with if:

the person is tried for the offence and:

the time or extended time, if any, fixed by or under an Act, within which an appeal against, or an application for the review of, the decision given on the trial may be lodged, or within which a retrial may be ordered, has expired; and

any appeal or application for review in respect of the decision given on the trial has been determined or withdrawn and proceedings in respect of any retrial and any decision given on the retrial have been concluded; or

the complaint or information is withdrawn or a nolle prosequi or similar instrument is filed in respect of the offence.

For the purpose of determining which of the periods referred to in section 18(b) is the shorter or longer:

a finite period of imprisonment shall be treated as being shorter than a period to be served under an indeterminate sentence;

the expression sentences of imprisonment in section 18(b)(ii) includes a translated sentence that was originally imposed by a court of the Territory;

the expression translated sentence or translated sentences in section 18(b)(ii) does not include a translated sentence that was originally imposed by a court of the Territory; and

where a Territory sentence of imprisonment which a person became liable to serve in the Territory (not being a translated sentence) is cumulative with a translated sentence or translated sentences originally imposed by a court other than a court of the Territory, that translated sentence or those translated sentences shall be deemed:

not to be a translated sentence or translated sentences, as the case may be; and

to be a sentence or sentences, as the case may be, which the person is liable to serve in the Territory.

Part V Effect of order of transfer