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

1Short title

5Interpretation

6Corresponding courts and interstate laws

Part 2—Transfer at request of prisoner

7Requests for, and order of, transfer

8Effect of orders under this Part on joint prisoners

9Repeated requests for transfer

10Receipt of request for transfer to this State

10AMatters to which Minister may have regard

11Reports

Part 3—Transfer for trial

12Request for transfer to participating State

13Necessary consents

14Prisoner to be brought before court of summary jurisdiction

15Order of transfer

16Review of decision of court of summary jurisdiction

16AEffect of orders under this Part on joint prisoners

17Return of prisoners to custody

18Request for transfer of imprisoned person to this State

19Request by imprisoned person for transfer to this State

Part 4—Transfer back to original State or Territory

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

21Effect of orders under this Part on joint prisoners

23Ancillary provisions

Part 5—Effect of order of transfer

24Transfers to be effected in custody of escort

25Transfer of sentence with prisoner

26Information to be sent to the participating State or Territory

27Translated sentences

28Ancillary provisions relating to translated sentences

29Translated sentences of default imprisonment

Part 6—Miscellaneous

30Notification to prisoners of certain decisions

31Lawful custody during transit through this State

32Arrest of persons who escape from custody

33Escape from custody

34Revocation of order of transfer on escape from custody

35Regulations

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…