Prisoners (Interstate Transfer) Act 1982

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 South

Australia as a non-parole period.

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

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 South Australia;

or

otherwise is varied or ceases to have effect as a result of action taken by any person or authority in that participating State, the sentence or minimum term 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 South Australia.

Nothing in this Act operates to permit in South Australia any appeal against or review of any conviction, 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 Her Majesty or during the pleasure of the Governor of the participating State in which the sentence was imposed, the person must be detained until the Supreme Court discharges the sentence, but may be released earlier on licence subject to and in accordance with the

Sentencing

Act 2017, as if the sentence were a sentence of indeterminate duration imposed under that Act.

The Governor—

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

an offender convicted in a court of South Australia;

or

an offender convicted within South Australia before a judge or magistrate of South Australia; 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 South

Australia.

Subsection (5) does not apply in relation to a conviction or transferred sentence referred to in section 24(2)(a) or (b) of the Commonwealth Act, but nothing in this subsection may be construed as preventing the Queen or the Governor from exercising the royal prerogative of mercy as referred to in section 24(2) of that Act.

A person who is subject to a translated sentence—

shall be deemed to have served in South Australia such period of the translated sentence as, up to the time of his transfer to South Australia, he had served in respect of that sentence in a participating State (including any period deemed by the provision of an interstate law that corresponds to this paragraph to have been served in a participating State and any period spent in custody while being transferred to a prison in South Australia);

and

shall, subject to subsection (6a), be credited, in respect of the part of the translated sentence served in a participating State, with such entitlements to remission as may be specified in the order of transfer or fixed on the application of the prisoner by the appropriate South Australian court;

and

shall, in accordance with the law of this State, be entitled to earn further entitlements to remission in respect of that sentence as from the day of his arrival in South Australia.

Any remission of a translated sentence—

for which the person who is subject to the sentence was eligible up to the time of the person's transfer to this State; and

that is attributable to a part of the sentence not served or not to be served in the participating State from which the person was transferred, cannot be taken into account for the purposes of subsection (6)(b).

A non-parole period in respect of a person subject to a translated sentence may be fixed, extended or reduced by the appropriate South Australian court on the application of the person subject to the sentence or the

Crown.

In this section—

the appropriate South Australian court, in relation to a person subject to a translated sentence, means a court that is, in relation to the court by which the sentence was imposed, a corresponding court of South Australia.