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…