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s 29

Lawful custody for transit through the Territory

In force
Part VIMiscellaneous

29 Lawful custody for transit through the Territory

(1)

Where, in relation to a person imprisoned in a participating

State, or in another Territory, an order is made under an interstate law or under the Transfer of Prisoners Act 1983 of the

Commonwealth, or both, for the transfer of that person to a participating State or another Territory, and in the course of conveying the person to the participating State or other Territory pursuant to the order an escort brings the person into the Territory, then:

(a)

while in the Territory, the escort is authorized to hold, take and keep custody of the person for the purpose of conveying the person from the Territory to such prison in the participating State or other Territory as is specified in the order and there to deliver the person into the custody of the person in charge of the prison;

and

(b)

the Commissioner is authorised upon:

(i)

the request of the escort; and

(ii)

delivery to the Commissioner by the escort of a copy of the order of transfer certified by the escort to be such a copy,

to receive the person and to detain him or her in custody as though the person were a Territory prisoner for such time as the escort requests and is reasonably necessary for the purpose of executing the order.

(2)

Where the Commissioner has the custody of a person under subsection (1)(b), the Commissioner is authorised, upon the request of an escort and production by the escort of the order of transfer relating to the person, to deliver the person into the custody of the escort.

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