Prisoners (Interstate Transfer) Act 1983 (WA)

Western Australia

Western Australia

Prisoners (Interstate Transfer) Act 1983

An Act relating to the transfer interstate of prisoners.

This Act may be cited as the Prisoners (Interstate Transfer) Act 1983 1.

The provisions of this Act shall come into operation on such day or days as is or are respectively fixed by proclamation 1.

• (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 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;

chief executive officer means chief executive officer of the department principally assisting the Minister to whom the administration of the Prisons Act 1981 is for the time being committed by the Governor with that administration;

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 Western Australia, in relation to a court of a participating State, means a court of Western Australia that is, under an order in force under section 4(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;

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 for life or during the pleasure of Her Majesty or during the pleasure of the Governor‑General, the Governor or the Governor of a participating State, and includes such a sentence, order, or direction imposed, made or given by, or by the operation of, an Act or other law;

interstate law means a law that, under an order in force under section 4(1), is declared to be an interstate law for the purposes of this Act;

joint prisoner means a person upon whom both —

• (a)

  any of the following —

• (i)

  a State sentence of imprisonment; or

• (ii)

  a…