Prisoners (Interstate Transfer) Act 1983

Where under a law of a participating State there has been fixed by a court in respect of a translated sentence a minimum term of imprisonment (being a shorter term than the translated sentence), during which minimum term the person subject to the sentence is not eligible to be released on parole, then, except as otherwise provided in this Act, that minimum term shall be deemed likewise to have been fixed by the corresponding court of the Territory.

Where a translated sentence or a minimum term deemed under subsection (1) to have been fixed by a corresponding court of the

Territory:

is varied or quashed on a review by or appeal to a court of the participating State where the sentence or minimum term was imposed or fixed, the sentence or minimum term shall be deemed to have been varied to the same extent, or to have been quashed, by a corresponding court of the Territory; or

otherwise is varied or ceases to have effect as a result of action taken by a person or authority in that participating State, the sentence shall be deemed to have been varied to the same extent, or to have ceased to have effect, as a result of action taken by an appropriate person or authority in the Territory.

Nothing in this Act operates to permit in the Territory an appeal against or review of a conviction, finding of guilt, judgment, sentence or minimum term made, imposed or fixed in relation to a person by a court of a participating State.

Where a translated sentence is an indeterminate sentence requiring that the person who is the subject of the sentence be detained during the pleasure of the Sovereign or during the pleasure of the Governor of the participating State in which the sentence was imposed, the person shall be detained during the Administrator's pleasure.

The Administrator:

may exercise the royal prerogative of mercy in favour of a person who is subject to a translated sentence as if the person were:

an offender found guilty in a court of the Territory; or

an offender found guilty within the Territory before a judge of the Territory; and

in exercising that prerogative, may give effect to any indication given by the Governor of the participating State in which the sentence of imprisonment was imposed upon that person as to what the

Governor of the participating State may have done had the person not been transferred to the Territory.

A person who is subject to a translated sentence and who, prior to being transferred to the Territory, served a period of the translated sentence in a participating State (including a period deemed to have been served in a participating State under the provision of an interstate law that corresponds to this subsection and a period spent in custody while being transferred to a prison in the Territory) is deemed to have served that period of the translated sentence in the Territory.

Subsection (5) does not apply in relation to a conviction or transferred sentence referred to in section 24(2)(a) or (b) of the

Transfer of Prisoners Act 1983 of the Commonwealth, but nothing in this subsection shall be construed as preventing the

Sovereign or the Administrator from exercising the royal prerogative of mercy as referred to in section 24(2) of that Act.