Prisoners (Interstate Transfer) Act 1982 (SA)

South Australia Prisoners (Interstate Transfer) Act 1982 An Act relating to the transfer interstate of prisoners.

Contents Part 1—Preliminary 1 Short title 5 Interpretation 6 Corresponding courts and interstate laws Part 2—Transfer at request of prisoner 7 Requests for, and order of, transfer 8 Effect of orders under this Part on joint prisoners 9 Repeated requests for transfer 10 Receipt of request for transfer to this State 10A Matters to which Minister may have regard 11 Reports Part 3—Transfer for trial 12 Request for transfer to participating State 13 Necessary consents 14 Prisoner to be brought before court of summary jurisdiction 15 Order of transfer 16 Review of decision of court of summary jurisdiction 16A Effect of orders under this Part on joint prisoners 17 Return of prisoners to custody 18 Request for transfer of imprisoned person to this State 19 Request by imprisoned person for transfer to this State Part 4—Transfer back to original State or Territory 20 Return of prisoner to participating State if no sentence or shorter sentence imposed in this State 21 Effect of orders under this Part on joint prisoners 23 Ancillary provisions Part 5—Effect of order of transfer 24 Transfers to be effected in custody of escort 25 Transfer of sentence with prisoner 26 Information to be sent to the participating State or Territory 27 Translated sentences 28 Ancillary provisions relating to translated sentences 29 Translated sentences of default imprisonment Part 6—Miscellaneous 30 Notification to prisoners of certain decisions 31 Lawful custody during transit through this State 32 Arrest of persons who escape from custody 33 Escape from custody 34 Revocation of order of transfer on escape from custody 35 Regulations Legislative history

The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Prisoners (Interstate Transfer) Act 1982. 5—Interpretation (1) In this Act, unless the contrary intention appears— arrest warrant means a warrant to apprehend, a warrant to arrest or a warrant to commit a person to prison, but does not include— (a) such a warrant, where the term of imprisonment which the person to be apprehended, arrested or committed under the warrant is liable to serve is default imprisonment; or (b) a warrant to secure the attendance of a witness; Attorney-General, in relation to the Northern Territory, means the person holding the Ministerial office under section 36 of the Northern Territory (Self-Government) Act 1978 of the Commonwealth who is, under that Act, designated for the time being as the holder of the office of Attorney-General; Commonwealth Act means the Transfer of Prisoners Act 1983 of the Commonwealth; Commonwealth sentence of imprisonment means a sentence of imprisonment for an offence against a law of the Commonwealth or of a Territory; corresponding court of South Australia in relation to a court of a participating State, means a court of South Australia that is, under an order in force under section 6(1), declared to be a corresponding court in relation to the court of the participating State; corresponding Minister, in relation to a participating State, means the Minister of that State who is responsible for the administration of the interstate law of that State; court of summary jurisdiction means a court of summary jurisdiction constituted by a magistrate; default imprisonment means imprisonment in default of— (a) payment of any fine, penalty, costs or other sum of money of any kind imposed or ordered to be paid by any court, judge or justice; or (b) entering into a recognizance to keep the peace or to be of good behaviour; indeterminate sentence means a sentence of, or order or direction for, imprisonment or detention— (a) for life; or (b) during the pleasure of Her Majesty; or (c) during the pleasure of the Governor-General, the Governor or the Governor of a participating State; or (d) until further order of a court, and includes any such sentence, order or direction imposed, made or given by, or by the operation of, any Act or law; interstate law means a law that, under an order in force under section 6(1), is declared to be an interstate law for the purposes of this Act; joint prisoner means a person on whom both— (a) any of the following— (i) a State sentence of imprisonment; or (ii) a State sentence of imprisonment as defined by an interstate law; or (iii) an ACT sentence of imprisonment as defined by the Prisoners (Interstate Transfer) Act 1993 of the Australian Capital Territory; or (iv) a Territory sentence of imprisonment as defined by the Prisoners (Interstate Transfer) Act 1983 of the Northern Territory; and (b) a Commonwealth sentence of imprisonment, have been imposed; justice means justice of the peace; order of transfer means an order issued under section 7, 15, 16(6) or 20 for the transfer of a prisoner to a participating State; participating State means a State in which an interstate law is in force; prison means a prison as defined in the Correctional Services Act 1982; prison officer means an officer or employee of the administrative unit that is, under a Minister, responsible for the administration of the Correctional Services Act 1982 employed in a prison; prisoner means a State prisoner or a joint prisoner; relevant security means a security given by a person, with or without sureties, by recognizance or otherwise, that the person will comply with conditions relating to the person's behaviour; sentence of imprisonment means— (a) a State sentence of imprisonment; or (b) a State sentence of imprisonment as defined by an interstate law; or (c) an ACT sentence of imprisonment as defined by the Prisoners (Interstate Transfer) Act 1993 of the Australian Capital Territory; or (d) a Territory sentence of imprisonment as defined by the Prisoners (Interstate Transfer) Act 1983 of the Northern Territory; or (e) where relevant, a Commonwealth sentence of imprisonment; State includes the Australian Capital Territory and the Northern Territory; State prisoner means a person on whom a State sentence of imprisonment has been imposed, but does not include a person on whom a Commonwealth sentence of imprisonment has been imposed; State sentence of imprisonment means a sentence of imprisonment for an offence against a law of this State, including a sentence of penal servitude, a sentence by which default imprisonment is ordered, an indeterminate sentence and a translated sentence, but does not include such a sentence while it is being served in a training centre pursuant to the Children's Protection and Young Offenders Act 1979, or an order for detention in a training centre made under that Act; Territory means the Territory of Norfolk Island, the Territory of Christmas Island, the Territory of the Cocos (Keeling) Islands or the Jervis Bay Territory; translated sentence means a sentence of imprisonment that is, by virtue of section 27, to be deemed to have been imposed on a person by a court of this State. (2) Where a justice of a participating State, in the exercise of his powers, issues a warrant of commitment while not constituting a court, the sentence of imprisonment imposed by the warrant shall, for the purposes of this Act, be deemed to have been imposed by a court. (3) For the purposes of this Act, a sentence of imprisonment imposed, or originally imposed, by, or by the operation of, an Act or other law of a State or Territory shall, except as prescribed by regulations under this Act, be deemed to have been imposed, or originally imposed, by a court of that State or territory. (4) A reference in this Act to an Act of the Commonwealth or of a State or Territory includes a reference to an Act amending or replacing that Act. (5) In the case of a State other than the Australian Capital Territory or the Northern Territory, a reference in this Act to the Governor of a participating State includes a reference to any person exercising and performing all the powers and functions of the Governor of that State. (5a) In the case of the Australian Capital Territory— (a) the reference in section 28(4) to the Governor of a participating State is a reference to the Governor-General; and (b) the references in section 28(5)(b) to the Governor of a participating State are references to the Governor-General or to the Executive within the meaning of the Australian Capital Territory (Self-Government) Act 1988 of the Commonwealth. (5b) In the case of the Northern Territory, a reference in this Act to the Governor of a participating State is a reference to the Administrator of the Northern Territory and includes a reference to any person exercising and performing all the powers and functions of the Administrator. (5c) A reference in this Act to the Governor-General includes a reference to any person exercising and performing all the powers and functions of the Governor-General. (6) A reference in this Act to a person on whom a sentence of imprisonment has been imposed does not extend to a person who has completed serving that sentence. (7) A person on whom a sentence of imprisonment has been imposed will be taken, for the purposes of this Act, to have completed serving that sentence— (a) if, in the case of a person who has been released from serving a part of that sentence on parole or on licence to be at large, no further action can be taken under a law of the Commonwealth, a State or a Territory to require the person to serve the whole or a part of the remainder of that sentence; or (b) if, in the case of a person who has been released from serving the whole or a part of that sentence on giving a relevant security— (i) no further action can be taken under a law of the Commonwealth, a State or a Territory in respect of a breach of a condition of that security; or (ii) no further action can, by reason of the expiration of the security, be taken under a law of the Commonwealth, a State or a Territory to require the person to serve the whole or a part of that sentence; or (c) if the person is, as the result of the exercise of the royal prerogative of mercy, no longer required to serve the whole or a part of that sentence. (8) A reference in this Act to release on parole extends to release on probation and to any other form of conditional release in the nature of parole. 6—Corresponding courts and interstate laws (1) Subject to subsection (2), the Governor may, by proclamation, declare that— (a) a law of a State (other than South Australia) is an interstate law for the purposes of this Act; and (b) a specified court of South Australia or any court belonging to a specified class or description of courts of South Australia is, for the purposes of this Act, a corresponding court in relation to a specified court of a participating State or in relation to any court belonging to a specified class or description of courts of a participating State. (2) A proclamation shall not be made under subsection (1) in respect of a law of another State unless the Governor is satisfied that that law substantially corresponds to the provisions of this Act and contains provisions that are referred to in this Act as provisions of an interstate law that correspond to specified provisions of this Act.