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s 22

Transfer in custody of escort

In force
Part VEffect of order of transfer

22 Transfer in custody of escort

(1)

An order of transfer:

(a)

must direct the Commissioner of Correctional Services to deliver the prisoner who is the subject of the order into the custody of an escort and is sufficient authority to the Commissioner so to deliver the prisoner; and

(b)

authorises the escort to hold, take and keep custody of the prisoner for the purpose of conveying the prisoner from the Territory to such prison in a participating State or another Territory as is specified in the order and there to deliver the prisoner into the custody of the person in charge of that prison.

(2)

A reference in subsection (1) to an escort is a reference to a prison officer, a member of the Police Force or a person appointed by the Minister by an instrument in writing to be an escort for the purposes of this Act, or any 2 or more of them.

(3)

Where:

(a)

under an interstate law or under the Transfer of Prisoners

Act 1983 of the Commonwealth, or both, an order is issued for the transfer to the Territory of a person imprisoned in a participating State or another Territory; and

(b)

pursuant to the order an escort brings the person into the

Territory,

the escort, while in the Territory, is authorized to hold, take and keep custody of the person for the purpose of conveying the person to such prison in the Territory as is specified in the order and there to deliver the person into the custody of the Commissioner of

Correctional Services.

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