Prisoners (Interstate Transfer) Act 1983

A person in the custody of an escort pursuant to section 29 who escapes from that custody may be apprehended without warrant by the escort, a member of the Police Force or any other person.

Where a person in custody pursuant to section 29:

has escaped and been apprehended; or

has attempted to escape,

that person may be taken before the Local Court who may, notwithstanding the terms of the order of transfer issued under the interstate law, by warrant signed by the Local Court:

order the person to be returned to the participating State in which the order of transfer under which that person was being conveyed at the time of the escape or attempt to escape was issued;

and

for that purpose, order the person to be delivered to an escort.

Subsections (1) and (2) do not apply to a person to whom section 47 of the Crimes Act 1914 of the Commonwealth applies by virtue of section 26(2) of the Transfer of Prisoners

Act 1983 of the Commonwealth.

A warrant issued under subsection (2) may be executed according to its tenor.

A person who is the subject of a warrant issued under subsection (2) may be detained in custody as a Territory prisoner until the person is delivered into the custody of an escort in accordance with that warrant or until the expiration of a period of 7 days from the issuing of the warrant, whichever first occurs.

If a person who is the subject of a warrant issued under subsection (2) is not, in accordance with the warrant, delivered into the custody of an escort within a period of 7 days from the issuing of the warrant, the warrant shall have no further effect.

A reference in subsection (2), (4) or (5) to an escort in relation to a person who was, at the time of his escape or attempt to escape, being conveyed under an order of transfer issued in a participating State is a reference to:

the escort who had the custody of that person pursuant to that order;

a prison officer or a member of the Police Force of the participating State; or

a person appointed by the corresponding Minister of the participating State, by an instrument in writing, to be an escort for the purpose of conveying that person to the participating State,

or any 2 or more of them.