Australian Capital Territory Repealed Acts

This legislation has been repealed.

PRISONERS (INTERSTATE TRANSFER) ACT 1993 (REPEALED) - SECT 20

    (1)     The Minister shall, subject to section 21, issue an order for the return transfer of a prisoner to a participating State or a
non-participating Territory where—

        (a)     the prisoner was transferred to this Territory under an order issued under—

              (i)     the provision of the interstate law of that State that corresponds to section 14 or 15 (8); or

              (ii)     the Commonwealth Act, part 3; and

        (b)     so far as the Minister is aware, each complaint or information alleging an offence by the person against the law of this Territory or of the Commonwealth has been finally dealt with according to law, and as a result—

              (i)     the prisoner did not become liable to serve any sentence of imprisonment in this Territory; or

              (ii)     in any other case—the total period of imprisonment which the prisoner is liable to serve in this Territory (including any period of imprisonment under any translated sentence originally imposed by a court of this Territory) is shorter than the total period of imprisonment remaining to be served under—

    (A)     any translated sentence (not including a translated sentence originally imposed by a court of this Territory); and

    (B)     any sentence of imprisonment imposed for an offence against a law of the Commonwealth or of a non-participating Territory.

    (2)     For subsection (1) (b), a complaint or information alleging an offence by a prisoner is to be taken to be finally dealt with if—

        (a)     the prisoner is tried for the offence, and—

              (i)     the time has expired within which an appeal against the decision may be lodged, a review of the decision applied for, or a retrial ordered; and

              (ii)     any such appeal or review has been determined or withdrawn, or any proceedings (including appeals) in relation to such a retrial have been concluded; or

        (b)     the complaint or information is withdrawn, or a nolle prosequi (or similar instrument) is filed in respect of the offence.

    (3)     For the purpose of determining the period, or the total period, remaining to be served under a sentence or sentences of imprisonment referred to in subsection (1) (b) (ii)—

        (a)     any entitlement to remissions is to be disregarded; and

        (b)     a period of imprisonment including a period to be served under an indeterminate sentence is to be taken to be longer than any period of imprisonment not including such a period; and

        (c)     where an ACT sentence of imprisonment which the prisoner became liable to serve in the ACT (not being a translated sentence) is cumulative with any translated sentence originally imposed by a court other than a court of the Territory, any such lastmentioned sentence is deemed—

              (i)     not to be a translated sentence; and

              (ii)     to be a sentence which the prisoner is liable to serve in the ACT.

    (4)     This section does not apply to a prisoner where an indeterminate sentence (not being a translated sentence) is imposed upon the prisoner by a court of the Territory.