Removal of Prisoners (Territories) Act 1962

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REMOVAL OF PRISONERS (TERRITORIES).

No. 69 of 1962.

An Act to amend the Removal of Prisoners (Territories) Act 1923-1957.

[Assented to 24th November, 1962.]

[Date of commencement, 22nd December, 1962.]

BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.) This Act may be cited as the Removal of Prisoners (Territories) Act 1962.

(2.) The Removal of Prisoners (Territories) Act 1923-1957 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Removal of Prisoners (Territories) Act 1923-1962.

Interpretation.

2. Section two of the Principal Act is amended—

(a) by inserting before the definition of “Criminal lunatic” the following definition:—

“‘Constable’ means a Commonwealth Police Officer or a member of the police force of a State or Territory;”; and

(b) by adding at the end thereof the following sub-sections:—

“(2.) For the purposes of this Act, where the sentence of a person who has been sentenced to death in a Territory has been commuted to a term of imprisonment, that person shall be deemed to have been sentenced to imprisonment in the Territory for that term.

“(3.) In this Act, unless the contrary intention appears, a reference to the sentence of a prisoner shall, in relation to a prisoner who, by reason of his having been declared to be a habitual criminal, may be or is being detained in prison after the expiration of the term of imprisonment imposed upon him, be read as including a reference to any detention that he is liable to undergo by reason of his having been so declared.”.

Removal of prisoners from Territories in certain cases.

3. Section three of the Principal Act is amended by omitting from paragraph (b) of sub-section (1.) the words “sentence of imprisonment in the Territory for any offence” and inserting in their stead the words “his sentence in the Territory”.

Return of removed prisoner.

4. Section eight of the Principal Act is amended—

(a) by omitting from sub-section (2.) all the words from and including the words “;and in any other case”; and

(b) by adding at the end thereof the following sub-section:—

“(3.) Where—

(a) a person has been removed to a State or Territory in pursuance of this Act;

(b) he is discharged in that State or Territory at the expiration of his sentence or he is released from custody in that State or Territory in pursuance of a licence granted under section eight a of this Act or an order made under section ten a of this Act;

(c) his return to the Territory from which he was removed would not result, or be likely to result, in a failure by him to comply with a condition applicable to such a licence or to such an order; and

(d) his return to the Territory from which he was removed would not be unlawful,

he is entitled, on making application in such manner and within such time as is prescribed, to be sent free of

cost from the place at which he was discharged or released from custody to the Territory from which he was removed.”.

5. After section eight of the Principal Act the following section is inserted:—

Licences for prisoners to be at large.

“8a.—(1.) In this section—

‘licence’ means a licence to be at large granted under the next succeeding sub-section;

‘prescribed authority’ means—

(a) a person who holds office as a Chief, Police, Stipendiary, Resident or Special Magistrate of a State and in respect of whom an arrangement in force under sub-section (15.) of this section is applicable; or

(b) a person who holds office as a Chief, Police, Stipendiary, Resident or Special Magistrate, or a District Officer or Assistant District Officer, of a Territory;

‘the prescribed period’, in relation to a licence, means—

(a) if the prisoner to whom the licence was granted was, at the time when the licence was granted, serving a term of imprisonment—the period commencing on the day on which the licence was granted and ending on the day which, if no remissions of his sentence were granted, would be the last day of that term; or

(b) if the prisoner to whom the licence was granted was, at the time when the licence was granted, being detained in prison by reason of his having been declared to be a habitual criminal—the period of three years commencing on the day on which the licence was granted.

“(2.) Where a prisoner has been removed to a State or Territory in pursuance of this Act (not being a person referred to in paragraph (a) or (b) of sub-section (2.) of section nineteen a of the Crimes Act 1914-1960), the Governor-General may, if he thinks it proper so to do in the circumstances, grant to the prisoner by writing under his hand, a licence to be at large.

“(3.) A licence is sufficient authority for the release from prison of the person to whom it is granted.

“(4.) A licence is subject to such conditions, if any, as are specified in the licence.

“(5.) The Governor-General may, at any time before the expiration of the prescribed period, by writing under his hand—

(a) vary or revoke a condition of a licence or impose additional conditions; or

(b) revoke a licence.

“(6.) The varying of a condition, or the imposing of an additional condition, under the last preceding sub-section does not have effect until notice thereof has been given to the person to whom the licence was granted, being notice given before the expiration of the prescribed period.

“(7.) Where—

(a) a licence granted to a person is revoked; or

(b) the person to whom a licence has been granted has, during the prescribed period, failed to comply with a condition of the licence or there are reasonable grounds for suspecting that he has, during that period, failed to comply with a condition of the licence,

a constable may, without warrant, arrest the person.

“(8.) Where a constable arrests a person in pursuance of the last preceding sub-section on a ground specified in paragraph (b) of that sub-section, the constable shall, as soon as practicable, take that person before a prescribed authority and, if the prescribed authority is satisfied that that person without lawful excuse failed to comply with a condition of the licence granted to him, the prescribed authority shall cancel the licence.

“(9.) A person brought before a prescribed authority under the last preceding sub-section shall, unless the prescribed authority otherwise directs, be kept in custody until the prescribed authority has determined the matter.

“(10.) Subject to sub-section (12.) of this section, where a licence granted to a person who, at the time of the grant, was serving a term of imprisonment is revoked or cancelled, the person may be detained in prison, as if the licence had not been granted, to undergo imprisonment for a period equal to the part of that term that he had not served at the time when he was released from prison in pursuance of the licence and, in the case of a person who has been declared to be a habitual criminal, he may, on the expiration of that term, be further detained in prison as if the licence had not been granted.

“(11.) Subject to the next succeeding sub-section, where a licence granted to a person who, at the time of the grant, was being detained in prison by reason of his having been declared to be a habitual criminal is revoked or cancelled, the person may be detained in prison as if the licence had not been granted.

“(12.) Where a prescribed authority cancels a licence under sub-section (8.) of this section, the person to whom the licence was granted may appeal to the Supreme Court of a Territory or to a prescribed Federal Court against the cancellation and the Court shall—

(a) if it is satisfied that the ground on which the licence was cancelled has been established—confirm the cancellation; or

(b) if it is not so satisfied—order that the cancellation cease to have effect.

“(13.) An appeal under the last preceding sub-section shall be by way of re-hearing, but the Court may have regard to any evidence given before the prescribed authority.

“(14.) For the purposes of the preceding provisions of this section, ‘the Governor-General’ means the Governor-General of the Commonwealth, or the person for the time being administering the government of the Commonwealth, acting—

(a) in the case of a prisoner sentenced in the Australian Capital Territory or in the Northern Territory of Australia—with the advice of the Attorney-General; or

(b) in any other case—with the advice of the Minister of State for Territories.

“(15.) The Governor-General may arrange with the Governor of a State for the performance by persons who hold office as Chief, Police, Stipendiary, Resident or Special Magistrates in that State of the functions of a prescribed authority under this section.

“(16.) Notice of an arrangement under the last preceding sub-section shall be published in the Gazette.”.

Application of Act to criminal lunatics.

6. Section nine of the Principal Act is amended by omitting from sub-section (1.) the words “This Act shall, so far as applicable, apply to a person in custody as a criminal lunatic in like manner as it applies” and inserting in their stead the words “The preceding provisions of this Act, other than the last preceding section, shall, so far as applicable, apply to a person in custody as a criminal lunatic in like manner as they apply”.

7. After section ten of the Principal Act the following section is inserted:—

Release of criminal lunatics.

“10a.—(1.) Where a criminal lunatic (being a person who was found to be insane at the time of the commission of the offence with which he was charged but not being a person to whom sub-section (1.) of section twenty b of the Crimes Act 1914-1960 applies) has been removed to a State or Territory in pursuance of this Act, the Governor-General may, by writing under his hand, order that he be released from custody either unconditionally or subject to such conditions as are specified in the order.

“(2.) Where, under the last preceding sub-section, the Governor-General orders that a person be released from custody subject to conditions, the Governor-General may, at any time, by writing under his hand—

(a) vary or revoke all or any of the conditions or impose additional conditions; or

(b) except where the Governor-General has revoked all the conditions—revoke the order.

“(3.) Where an order made in respect of a person under sub-section (1.) of this section is revoked or the person fails to comply with a condition of such an order, the person may, without warrant, be arrested by any constable and may be detained in custody as if the order under sub-section (1.) of this section had not been made.

“(4.) Upon the Governor-General making an order under sub-section (1.) of this section that a person be released from custody unconditionally or upon the Governor-General revoking all the conditions applicable to an order under which a person has been released from custody, this Act, and any law of the Territory from which he was removed that authorizes his detention in custody by reason of his having been found to be insane at the time of the commission of the offence with which he was charged, ceases to apply to him in relation to that offence.

“(5.) For the purposes of this section, ‘the Governor-General’ means the Governor-General of the Commonwealth, or the person for the time being administering the government of the Commonwealth, acting—

(a) in the case of a criminal lunatic removed from the Australian Capital Territory or from the Northern Territory of Australia—with the advice of the Attorney-General; or

(b) in any other case—with the advice of the Minister of State for Territories.”.

Evidence of acts.

8. Section eleven of the Principal Act is amended—

(a) by inserting in sub-section (4.) after the word “prisoner”, the words “or criminal lunatic”; and

(b) by omitting from sub-section (4.) the words “in Council”.

Cost of removal.

9. Section twelve of the Principal Act is amended—

(a) by inserting in sub-section (1.), after the word “discharge”, the words “or release from custody”; and

(b) by inserting in sub-section (1.), after the word “prisoner” (second occurring), the words “or criminal lunatic”.

State or Territory laws for carrying Act into effect.

10. Section thirteen of the Principal Act is amended by inserting in paragraph (d), after the word “prisoners”, the words “or criminal lunatics”.

Overview

The Removal of Prisoners (Territories) Act 1962, enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, amends the Removal of Prisoners (Territories) Act 1923-1957 to address certain administrative and procedural aspects of prisoner transfers between Australian territories and states. This legislation aims to streamline the process of prisoner removal and return, providing clear guidelines on the conditions under which prisoners and criminal lunatics can be transferred, the authority and processes involved in granting licences for prisoners to be at large, and the rights of prisoners and criminal lunatics upon their release or discharge. The policy objective of the Act is to ensure that prisoners are managed effectively across territories and states, facilitating their reintegration or continued detention in an orderly and lawful manner. The Act introduces several amendments to the Principal Act, including modifications to the interpretation of terms, adjustments to the conditions for prisoner removal, and provisions for the return of prisoners who have served their sentences. Furthermore, the Act introduces new sections allowing for the granting of licences for prisoners to be at large and the release of criminal lunatics, subject to specific conditions and authorities. The objective is to provide a comprehensive legal framework governing the movement and management of prisoners across jurisdictional boundaries, ensuring that the rights and responsibilities of all parties involved are clearly defined.

Scope and Application

The Removal of Prisoners (Territories) Act 1962 applies to prisoners who have been sentenced in the Australian Capital Territory or the Northern Territory and need to be removed to a State or Territory for the purposes of serving their sentence. This includes prisoners who have been sentenced to death and whose sentences have been commuted to imprisonment. The Act also applies to criminal lunatics, who are individuals found to be insane at the time of committing an offence, excluding those to whom certain subsections of the Crimes Act 1914-1960 apply. The Act operates on a national level across Australian territories, providing provisions for the removal, management, and potential return of such prisoners and criminal lunatics. The Act’s provisions can be extended or modified through subordinate instruments, such as orders and licences issued by the Governor-General or prescribed authorities. Notably, the Act does not explicitly state any exclusions or thresholds, but the application of its provisions is contingent on the specific circumstances of the prisoner or criminal lunatic in question.

Key Provisions

The Removal of Prisoners (Territories) Act 1962 amends the Removal of Prisoners (Territories) Act 1923-1957 to update the law governing the removal of prisoners from Australian territories to states and vice versa. Key amendments include the introduction of definitions for terms such as "constable" (section 2(a)), clarification on the interpretation of sentences for those whose death sentences have been commuted to terms of imprisonment (section 2(2)), and the inclusion of detention periods for habitual criminals in the interpretation of "sentence" (section 2(3)). The Act also revises the conditions under which prisoners can be removed from territories (section 3) and establishes procedures for the return of removed prisoners who have served their sentences (section 4). Furthermore, the Act introduces the concept of licences allowing prisoners to be at large, detailing the conditions and consequences of such licences (section 8a). The Act imposes several obligations on various parties. It mandates that the Governor-General may grant licences to prisoners to be at large, subject to specific conditions, and requires prescribed authorities to oversee compliance with these conditions (section 8a(2)-(10)). The Act also allows for the release of criminal lunatics, who must be insane at the time of the offence but not exempted under certain provisions of other acts, subject to conditions set by the Governor-General (section 10a(1)-(5)). Additionally, it imposes duties on constables to arrest individuals who fail to comply with licence conditions or the terms of their release orders (section 8a(7)-(8), 10a(3)). Violations of the Act can lead to significant penalties and consequences. For instance, failure to comply with the conditions of a licence or a release order can result in the revocation of the licence or order, leading to re-imprisonment (section 8a(10)-(11), 10a(3)). Additionally, the Act allows for the arrest and detention of individuals who fail to comply with the terms of their licences or release orders, without the need for a warrant (section 8a(7), 10a(3)). While the Act does not explicitly state maximum penalties for these offences, they would likely be determined under the relevant state or territory laws, or the Crimes Act 1914-1960, depending on the specific circumstances of the breach.

Area of Law: Criminal Law
Instrument: Act
Concepts: Definitions & Interpretation; Commencement Provisions; Offence Provisions; Enforcement Powers; Delegated & Subordinate Legislation; Rights & Protections

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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