Transfer of Prisoners Act 1983 (Cth)

Transfer of Prisoners Act 1983

No. 95, 1983

Compilation No. 16

Compilation date: 11 December 2024

Includes amendments: Act No. 115, 2024

About this compilation

This compilation

This is a compilation of the Transfer of Prisoners Act 1983 that shows the text of the law as amended and in force on 11 December 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents Part I—Preliminary 1 Short title 2 Commencement 3 Interpretation 4 Application of Act to certain external Territories 5 Declaration of State transfer laws Part II—Transfer for prisoner's welfare 6 Transfer of Commonwealth prisoner on welfare grounds 7 Revocation of welfare transfer orders Part III—Transfer for purpose of trial Division 1—Trial transfer order 8 Application for transfer to stand trial on charge in respect of offence against a law of the Commonwealth or a Territory 9 Application for transfer to stand trial on charge in respect of offence against a law of a State 10 Proceedings before court of summary jurisdiction 11 Review of decision made upon application for trial transfer order 12 Revocation of trial transfer orders 13 Representation Division 2—Return of prisoner 14 Return of prisoner 15 Revocation of return transfer orders 16 Return of prisoner for appeal purposes 16A Return of prisoner after attending appeal Part IV—Transfer for purpose of security 16B Transfer of prisoner on security grounds 16C Return of prisoner 16D Transfer for court proceedings—general 16E Transfer for trial of remand prisoner 16F Transfer under State transfer laws Part V—Effect of transfer order 17 Transfer in custody of escort etc. 18 Transferred sentences 19 Transferred sentences—non‑parole periods 20 Transferred sentences—reductions and remissions 21 Transferred sentences—default imprisonment 22 Territory sentences cease to have effect on transfer 23 Federal sentences—reductions and remissions 24 Royal prerogative of mercy Part VI—Miscellaneous 25 Lawful custody of State prisoner in transit in Territory 26 Escape of prisoners from lawful custody 27 Escape charges may be dealt with in other courts 28 State laws may make provision in relation to certain transfers of joint prisoners and State prisoners 29 Delegation 30 Operation of other laws 31 Orders may be made in consequence of appeal or retrial 32 Modification of Act in relation to certain external Territories 33 Regulations Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history