Prisoners (Interstate Transfer) Act 1983

In this Act:

another Territory and other Territory mean the Jervis Bay Territory, the Territory of Norfolk Island, the Territory of Christmas Island, the Territory of Cocos (Keeling)

Islands or any prescribed external Territory to which the provisions of the Transfer of Prisoners Act 1983 of the Commonwealth have been extended.

arrest warrant means a warrant to apprehend, a warrant to arrest or a warrant to commit a person to prison, but does not include:

such a warrant, where the term of imprisonment which the person to be apprehended, arrested or committed under the warrant is liable to serve is default imprisonment; or

a warrant to secure the attendance of a witness.

Attorney-General, in relation to a participating State, means the person who is designated for the time being as holder of the office of Attorney-General for that State.

Commonwealth sentence of imprisonment means a sentence of imprisonment for an offence against a law of the Commonwealth or of another Territory.

corresponding court of the Territory, in relation to a court of a participating State, means a court of the Territory that is, under an order in force under section 4(1), declared to be a corresponding court in relation to the court of the participating

State.

corresponding Minister, in relation to a participating

State, means the Minister of the Crown of that State charged for the time being with the administration of the interstate law of that

State.

default imprisonment means imprisonment in default of:

payment of any fine, penalty, costs or other amount of money of any kind imposed or ordered to be paid by a court on the finding of guilt of a person for an offence; or

entering into a recognizance to keep the peace or to be of good behaviour.

indeterminate sentence means a sentence of or order or direction for imprisonment or detention for life or during the pleasure of the Sovereign or during the pleasure of the

Governor-General, the Administrator or the Governor of a participating State, and includes such a sentence, order or direction imposed, made or given by, or by the operation of, an Act or other law.

interstate law means a law that, under a declaration in force under section 4(1), is declared to be an interstate law for the purposes of this Act.

joint prisoner means a person upon whom both:

a Territory sentence of imprisonment (as defined by this Act) or a State sentence of imprisonment (as defined by an interstate law);

and

a Commonwealth sentence of imprisonment,

have been imposed.

order of transfer means an order issued under section 5, 13, 14(6) or 18 for the transfer of a prisoner to a participating State.

participating State means a State of the Commonwealth in which there is in force an interstate law.

prison means:

in the Territory – a custodial correctional facility (as defined in section 11(1)(a) of the Correctional Services Act

2014); or

in a participating State or another Territory – a prison or other correctional facility (however described).

prison officer means:

in the Territory – a correctional services officer (as defined in section 16 of the Correctional Services Act 2014); or

in a participating State or another Territory – a prison officer (however described).

prisoner means a Territory prisoner or a joint prisoner.

relevant security, in relation to a person, means a security given by the person, with or without sureties, by recognizance or otherwise, that the person will comply with conditions relating to the person's behaviour.

sentence of imprisonment means a Territory sentence of imprisonment as defined by this Act or a State sentence of imprisonment as defined by an interstate law, and includes (where relevant) a Commonwealth sentence of imprisonment.

State includes the Australian Capital Territory.

Territory prisoner means a person upon whom a Territory sentence of imprisonment has been imposed, but does not include a person upon whom a Commonwealth sentence of imprisonment has been imposed.

Territory sentence of imprisonment means a sentence of imprisonment for an offence against a law of the Territory, including a sentence of penal servitude, a sentence by which default imprisonment is ordered, an indeterminate sentence and a translated sentence, but does not include a sentence of imprisonment imposed under the Youth Justice Act 2005 or detention in a detention centre within the meaning of that Act.

translated sentence means a sentence of imprisonment deemed by section 25 to have been imposed on a person by a court of the Territory.

Note for subsection (1)

The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act.

Where a justice of the peace of a participating State, in the exercise of the justice's powers, issues a warrant of commitment while not constituting a court, the sentence of imprisonment imposed by the warrant shall, for the purposes of this Act, be deemed to have been imposed by a court.

For the purposes of this Act, a sentence of imprisonment imposed, or originally imposed, by, or by the operation of, an Act or other law of the Territory, a State or another Territory shall, except as prescribed by regulations under this Act, be deemed to have been imposed, or originally imposed, by a court of the Territory or, as the case may be, of that State or other Territory.

A reference in this Act to an Act of the Commonwealth includes a reference to an Act amending or replacing that Act.

A reference in this Act to the Governor-General or Governor of a participating State includes a reference to any person exercising and performing all the powers and functions of the Governor-General or

Governor of that State, as the case may be.

In relation to the Australian Capital Territory, the reference to the Governor of a participating State:

in section 26(4) is a reference to the Governor-General; and

in section 26(5)(b) is a reference to the Governor-General or the

Executive within the meaning of the Australian Capital Territory (Self-Government) Act 1988 of the Commonwealth.

A reference in this Act to a person upon whom a sentence of imprisonment has been imposed does not include a reference to a person who has completed serving that sentence.

The following persons upon whom a sentence of imprisonment has been imposed shall be taken, for the purposes of this Act, to have completed serving that sentence:

a person:

who has been released from serving a part of that sentence on parole or upon licence to be at large; and

in respect of whom action can no longer be taken under a law of the Commonwealth, the Territory, a State or another Territory by way of requiring the person to serve the whole or a part of the remainder of that sentence;

a person:

who has been released from serving the whole or a part of that sentence upon giving a relevant security; and

in relation to whom:

action can no longer be taken under a law of the Commonwealth, the Territory, a State or another Territory in respect of a breach of a condition of that security; or

action cannot, by reason of the expiration of the security, be taken under any such law by way of requiring the person to serve the whole or a part of that sentence;

a person who, as the result of the exercise of the royal prerogative of mercy, is no longer required to serve the whole or a

part of that sentence.

A reference in this Act to release on parole includes a reference to release on probation and to any other form of conditional release in the nature of parole.