Barrister AI
All legislation
SAAct
In force
This is the latest official compilation.Check the official source →
s 20

Return of prisoner to participating State if no sentence or shorter sentence imposed in this State

In force
Part 4Transfer back to original State or Territory

20 Return of prisoner to participating State if no sentence or shorter sentence imposed in this State

Where—

(a)

a person is transferred to this State from a participating State or a Territory pursuant to an order issued under the provision of the interstate law of that participating State that corresponds to section 15 or

16(6), or under Part III of the

Commonwealth Act, or both; and

(b)

so far as the Minister is aware, every complaint or information alleging any offence by the person against the law of this State or the

Commonwealth has been finally dealt with according to law and as a result—

(i)

the person did not become liable to serve any sentence of imprisonment in this State; or

(ii)

the person did become liable to serve in this State one or more sentences of imprisonment under which the period of imprisonment remaining to be served is shorter than the period of imprisonment remaining to be served by the person under any translated sentence or translated sentences or any sentence of imprisonment that has been imposed on the person for any other offence against a law of the Commonwealth or a Territory; and

(c)

the person is either a State prisoner or a joint prisoner, the Minister must, subject to section 23, issue an order for the transfer of the person to the participating State or to the Territory, as the case may require.

Research tools for this sectionPro

The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.