{"id":"prisoners-interstate-transfer-act-1983","name":"Prisoners (Interstate Transfer) Act 1983","slug":"prisoners-interstate-transfer-act-1983","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30438,"registerId":"nt-prisoners-interstate-transfer-act-1983-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Prisoners (Interstate Transfer) Act 1983","content":"Note\nIn order to give effect to the Cross-border Justice Act 2009, this law must be\napplied with the modifications mentioned in section 13 of the Cross-border\nJustice Act 2009 as if this law had been altered in that way.\nFor modifications of this law prescribed by regulation, see Part 3, Division 13\nof the Cross-border Justice Regulations 2009.\nNORTHERN TERRITORY OF AUSTRALIA\nPRISONERS (INTERSTATE TRANSFER) ACT 1983\nAs in force at 21 April 2023\nTable of provisions\nPart I Preliminary\n1 Short title ......................................................................................... 1\n2 Commencement .............................................................................. 1\n3 Interpretation ................................................................................... 1\n4 Corresponding courts and interstate laws ....................................... 5\n4B Jurisdiction of Local Court ............................................................... 5\nPart II Transfer at request of prisoner\n5 Requests for, and orders of, transfer ............................................... 6\n6 Effect of orders under this part on joint prisoners ............................ 8\n7 Repeated requests for transfer ........................................................ 8\n8 Receipt of request for transfer to the Territory ................................. 8\n9 Reports ............................................................................................ 8\n9A Matters the Minister may have regard to ......................................... 9\nPart III Transfer for trial\n10 Request for transfer of prisoner to participating State or\nanother Territory .............................................................................. 9\n11 Necessary consents ...................................................................... 10\n12 Prisoner to be brought before Local Court ..................................... 11\n13 Order of transfer ............................................................................ 11\n14 Review of decision of Local Court ................................................. 11\n14A Effect of orders under this part on joint prisoners .......................... 12\n15 Prisoner brought to be returned to custody.................................... 12\n16 Request for transfer of imprisoned person to the Territory ............ 13\n17 Request for transfer to the Territory by imprisoned person ........... 13\n\nPrisoners (Interstate Transfer) Act 1983 ii\nPart IV Transfer back to original State or Territory\n18 Return of prisoner if no sentence or shorter sentence in the\nTerritory ......................................................................................... 13\n19 Effect of orders under this Part on joint prisoners .......................... 14\n21 Provisions ancillary to section 18................................................... 15\nPart V Effect of order of transfer\n22 Transfer in custody of escort ......................................................... 17\n23 Transfer of sentence with prisoner ................................................ 17\n24 Information to be sent to participating State .................................. 18\n25 Sentence deemed to have been imposed in the Territory ............. 19\n26 Provisions relating to translated sentences ................................... 19\n27 Translated sentences – default imprisonment ............................... 21\nPart VI Miscellaneous\n28 Notification to prisoners of certain decisions.................................. 22\n29 Lawful custody for transit through the Territory.............................. 22\n30 Escape from custody of person being transferred ......................... 22\n31 Escape from custody – penalty...................................................... 24\n32 Revocation of order of transfer on escape from custody ............... 24\n33 Regulations.................................................................................... 25\nENDNOTES\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 21 April 2023\n____________________\nPRISONERS (INTERSTATE TRANSFER) ACT 1983\nAn Act relating to the transfer between the Territory and a State or\nanother Territory of the Commonwealth of prisoners\nPart I Preliminary\n1 Short title\nThis Act may be cited as the Prisoners (Interstate Transfer)\nAct 1983.\n2 Commencement\nThis Act shall come into operation on a date to be fixed by the\nAdministrator by notice in the Gazette.\n3 Interpretation\n(1) In this Act:\nanother Territory and other Territory mean the Jervis Bay\nTerritory, the Territory of Norfolk Island, the Territory of Christmas\nIsland, the Territory of Cocos (Keeling) Islands or any prescribed\nexternal Territory to which the provisions of the Transfer of\nPrisoners Act 1983 of the Commonwealth have been extended.\narrest warrant means a warrant to apprehend, a warrant to arrest\nor a warrant to commit a person to prison, but does not include:\n(a) such a warrant, where the term of imprisonment which the\nperson to be apprehended, arrested or committed under the\nwarrant is liable to serve is default imprisonment; or\n(b) a warrant to secure the attendance of a witness.\nAttorney-General, in relation to a participating State, means the\nperson who is designated for the time being as holder of the office\nof Attorney-General for that State.\n\nPart I Preliminary\nPrisoners (Interstate Transfer) Act 1983 2\nCommonwealth sentence of imprisonment means a sentence of\nimprisonment for an offence against a law of the Commonwealth or\nof another Territory.\ncorresponding court of the Territory, in relation to a court of a\nparticipating State, means a court of the Territory that is, under an\norder in force under section 4(1), declared to be a corresponding\ncourt in relation to the court of the participating State.\ncorresponding Minister, in relation to a participating State, means\nthe Minister of the Crown of that State charged for the time being\nwith the administration of the interstate law of that State.\ndefault imprisonment means imprisonment in default of:\n(a) payment of any fine, penalty, costs or other amount of money\nof any kind imposed or ordered to be paid by a court on the\nfinding of guilt of a person for an offence; or\n(b) entering into a recognizance to keep the peace or to be of\ngood behaviour.\nindeterminate sentence means a sentence of or order or direction\nfor imprisonment or detention for life or during the pleasure of the\nSovereign or during the pleasure of the Governor-General, the\nAdministrator or the Governor of a participating State, and includes\nsuch a sentence, order or direction imposed, made or given by, or\nby the operation of, an Act or other law.\ninterstate law means a law that, under a declaration in force under\nsection 4(1), is declared to be an interstate law for the purposes of\nthis Act.\njoint prisoner means a person upon whom both:\n(a) a Territory sentence of imprisonment (as defined by this Act)\nor a State sentence of imprisonment (as defined by an\ninterstate law); and\n(b) a Commonwealth sentence of imprisonment,\nhave been imposed.\norder of transfer means an order issued under section 5, 13, 14(6)\nor 18 for the transfer of a prisoner to a participating State.\nparticipating State means a State of the Commonwealth in which\nthere is in force an interstate law.\n\nPart I Preliminary\nPrisoners (Interstate Transfer) Act 1983 3\nprison means:\n(a) in the Territory – a custodial correctional facility (as defined in\nsection 11(1)(a) of the Correctional Services Act 2014); or\n(b) in a participating State or another Territory – a prison or other\ncorrectional facility (however described).\nprison officer means:\n(a) in the Territory – a correctional services officer (as defined in\nsection 16 of the Correctional Services Act 2014); or\n(b) in a participating State or another Territory – a prison officer\n(however described).\nprisoner means a Territory prisoner or a joint prisoner.\nrelevant security, in relation to a person, means a security given\nby the person, with or without sureties, by recognizance or\notherwise, that the person will comply with conditions relating to the\nperson's behaviour.\nsentence of imprisonment means a Territory sentence of\nimprisonment as defined by this Act or a State sentence of\nimprisonment as defined by an interstate law, and includes (where\nrelevant) a Commonwealth sentence of imprisonment.\nState includes the Australian Capital Territory.\nTerritory prisoner means a person upon whom a Territory\nsentence of imprisonment has been imposed, but does not include\na person upon whom a Commonwealth sentence of imprisonment\nhas been imposed.\nTerritory sentence of imprisonment means a sentence of\nimprisonment for an offence against a law of the Territory, including\na sentence of penal servitude, a sentence by which default\nimprisonment is ordered, an indeterminate sentence and a\ntranslated sentence, but does not include a sentence of\nimprisonment imposed under the Youth Justice Act 2005 or\ndetention in a detention centre within the meaning of that Act.\ntranslated sentence means a sentence of imprisonment deemed\nby section 25 to have been imposed on a person by a court of the\nTerritory.\nNote for subsection (1)\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act.\n\nPart I Preliminary\nPrisoners (Interstate Transfer) Act 1983 4\n(2) Where a justice of the peace of a participating State, in the exercise\nof the justice's powers, issues a warrant of commitment while not\nconstituting a court, the sentence of imprisonment imposed by the\nwarrant shall, for the purposes of this Act, be deemed to have been\nimposed by a court.\n(3) For the purposes of this Act, a sentence of imprisonment imposed,\nor originally imposed, by, or by the operation of, an Act or other law\nof the Territory, a State or another Territory shall, except as\nprescribed by regulations under this Act, be deemed to have been\nimposed, or originally imposed, by a court of the Territory or, as the\ncase may be, of that State or other Territory.\n(4) A reference in this Act to an Act of the Commonwealth includes a\nreference to an Act amending or replacing that Act.\n(5) A reference in this Act to the Governor-General or Governor of a\nparticipating State includes a reference to any person exercising\nand performing all the powers and functions of the Governor-\nGeneral or Governor of that State, as the case may be.\n(5A) In relation to the Australian Capital Territory, the reference to the\nGovernor of a participating State:\n(a) in section 26(4) is a reference to the Governor-General; and\n(b) in section 26(5)(b) is a reference to the Governor-General or\nthe Executive within the meaning of the Australian Capital\nTerritory (Self-Government) Act 1988 of the Commonwealth.\n(6) A reference in this Act to a person upon whom a sentence of\nimprisonment has been imposed does not include a reference to a\nperson who has completed serving that sentence.\n(7) The following persons upon whom a sentence of imprisonment has\nbeen imposed shall be taken, for the purposes of this Act, to have\ncompleted serving that sentence:\n(a) a person:\n(i) who has been released from serving a part of that\nsentence on parole or upon licence to be at large; and\n(ii) in respect of whom action can no longer be taken under\na law of the Commonwealth, the Territory, a State or\nanother Territory by way of requiring the person to serve\nthe whole or a part of the remainder of that sentence;\n\nPart I Preliminary\nPrisoners (Interstate Transfer) Act 1983 5\n(b) a person:\n(i) who has been released from serving the whole or a part\nof that sentence upon giving a relevant security; and\n(ii) in relation to whom:\n(A) action can no longer be taken under a law of the\nCommonwealth, the Territory, a State or another\nTerritory in respect of a breach of a condition of\nthat security; or\n(B) action cannot, by reason of the expiration of the\nsecurity, be taken under any such law by way of\nrequiring the person to serve the whole or a part of\nthat sentence;\n(c) a person who, as the result of the exercise of the royal\nprerogative of mercy, is no longer required to serve the whole\nor a part of that sentence.\n(8) A reference in this Act to release on parole includes a reference to\nrelease on probation and to any other form of conditional release in\nthe nature of parole.\n4 Corresponding courts and interstate laws\n(1) Subject to subsection (2), the Administrator may, by notice in the\nGazette, declare that:\n(a) a law of a State is an interstate law for the purposes of this\nAct; and\n(b) a specified court of the Territory or a court belonging to a\nspecified class or description of courts of the Territory is, for\nthe purposes of this Act, a corresponding court in relation to a\nspecified court of a participating State or in relation to a court\nbelonging to a specified class or description of courts of a\nparticipating State.\n(2) A declaration shall not be made under subsection (1) in respect of a\nlaw unless the Administrator is satisfied that that law substantially\ncorresponds to the provisions of this Act and contains provisions\nthat are referred to in this Act as provisions of an interstate law that\ncorrespond to specified provisions of this Act.\n4B Jurisdiction of Local Court\n(1) The jurisdiction conferred on the Local Court under this Act is part\nof the Court's criminal jurisdiction.\n\nPart II Transfer at request of prisoner\nPrisoners (Interstate Transfer) Act 1983 6\n(2) For exercising its jurisdiction under this Act the Court must be\nconstituted by a Local Court Judge.\nPart II Transfer at request of prisoner\n5 Requests for, and orders of, transfer\n(1) Where the Minister:\n(a) receives a written request made by a Territory prisoner\nserving a sentence of imprisonment in the Territory for the\ntransfer of the prisoner to a participating State or to another\nTerritory; and\n(b) is of the opinion that the prisoner to whom the request relates\nshould be transferred to the participating State or other\nTerritory;\nthe Minister shall:\n(c) where the request is for the transfer of the prisoner to a\nparticipating State – give to the corresponding Minister of the\nparticipating State a written request asking that Minister to\naccept the transfer of the prisoner to the participating State;\nand\n(d) where the request is for the transfer of the prisoner to another\nTerritory – give to the Attorney-General of the Commonwealth\na written request asking the Attorney-General of the\nCommonwealth to consent to that transfer.\n(2) Where the Minister:\n(a) has:\n(i) in respect of a request made by a Territory prisoner for a\ntransfer to a participating State, given to the\ncorresponding Minister of the participating State a\nwritten request under subsection (1)(c); and\n(ii) received from that Minister written notice of consent to\nthe transfer of the prisoner to the participating State; or\n(b) has:\n(i) in respect of a request made by a Territory prisoner for a\ntransfer to another Territory, given to the Attorney-\nGeneral of the Commonwealth a written request under\nsubsection (1)(d); and\n\nPart II Transfer at request of prisoner\nPrisoners (Interstate Transfer) Act 1983 7\n(ii) received from the Attorney-General of the\nCommonwealth written notice of consent to the transfer\nof the prisoner to that other Territory;\nthe Minister may issue an order for the transfer of the prisoner to\nthe participating State or other Territory, as the case may be.\n(3) Where the Minister:\n(a) receives a written request made by a joint prisoner serving a\nsentence of imprisonment in the Territory for the transfer of\nthe prisoner to a participating State; and\n(b) is of the opinion that the prisoner to whom the request relates\nshould be transferred to the participating State;\nthe Minister shall give to the corresponding Minister of the\nparticipating State a written request asking that Minister to accept\nthe transfer of the prisoner to that participating State.\n(4) Where the Minister has:\n(a) in respect of a request by a joint prisoner for a transfer to a\nparticipating State, given to the corresponding Minister of the\nparticipating State a written request under subsection (3); and\n(b) received from that Minister written notice of consent to the\ntransfer of the prisoner to the participating State;\nthe Minister may issue an order for the transfer of the prisoner to\nthe participating State.\n(5) Where a joint prisoner is serving a sentence of imprisonment in the\nTerritory and the Minister:\n(a) receives a written request made by the prisoner for the\ntransfer of the prisoner to another Territory; and\n(b) is of the opinion that the prisoner to whom the request relates\nshould be transferred to that other Territory;\nthe Minister may issue an order for the transfer of the prisoner to\nthat other Territory.\n(6) A decision to issue, or not to issue, an order under this section is\nnot reviewable by a court or tribunal.\n\nPart II Transfer at request of prisoner\nPrisoners (Interstate Transfer) Act 1983 8\n6 Effect of orders under this part on joint prisoners\nAn order of transfer issued under this Part in relation to a joint\nprisoner, to the extent that (but for this section) it authorizes or\nrequires the doing of an act or thing under this Act in relation to that\nperson in his or her capacity as a person upon whom a\nCommonwealth sentence of imprisonment has been imposed, has\nno effect unless and until:\n(a) a transfer order corresponding to the order of transfer is in\nforce in respect of that person under the Transfer of Prisoners\nAct 1983 of the Commonwealth; or\n(b) the transfer of that person is otherwise authorized under that\nAct.\n7 Repeated requests for transfer\nA request made by a prisoner for his transfer to a participating State\nor to another Territory need not be entertained by the Minister if it is\nmade within 12 months after a similar request made by the\nprisoner.\n8 Receipt of request for transfer to the Territory\nWhere the Minister receives a written request given under the\nprovision of an interstate law that corresponds to section 5, or a\nrequest made for the purposes of Part II of the Transfer of\nPrisoners Act 1983 of the Commonwealth, asking the Minister to\naccept the transfer of an imprisoned person to the Territory, the\nMinister shall either refuse to consent, or consent, to the transfer\nand shall give to the corresponding Minister by whom the written\nrequest was given or to the Attorney-General of the\nCommonwealth, as the case may be, written notice of the Minister's\nrefusal or consent.\n9 Reports\n(1) For the purpose of forming an opinion or exercising a discretion\nunder this Part, the Minister may inform himself or herself as the\nMinister thinks fit and, in particular, by reference to reports of parole\nand prison authorities of the Territory and of any participating State.\n(2) Reports of parole and prison authorities may be sent to a\ncorresponding Minister for the purpose of assisting him or her to\nform an opinion or to exercise a discretion under the interstate law\nadministered by him or her.\n\nPart III Transfer for trial\nPrisoners (Interstate Transfer) Act 1983 9\n9A Matters the Minister may have regard to\nIn forming an opinion or exercising any discretion under this Part,\nthe Minister may have regard to one or more of the following:\n(a) the welfare of the prisoner concerned;\n(b) the administration of justice in the Territory, a participating\nState or another Territory;\n(c) the security and good order of any prison in the Territory, a\nparticipating State or another Territory;\n(d) the safe custody of the prisoner concerned;\n(e) the protection of the community in the Territory, a participating\nState or another Territory;\n(f) any other matter the Minister considers relevant.\nPart III Transfer for trial\n10 Request for transfer of prisoner to participating State or\nanother Territory\n(1) Where a person the subject of an arrest warrant issued in\naccordance with the law of a participating State, the\nCommonwealth or another Territory is a prisoner serving a\nsentence of imprisonment in the Territory and the Attorney-General\nreceives:\n(a) from:\n(i) in the case of an arrest warrant issued in accordance\nwith the law of a participating State – the Attorney-\nGeneral of the participating State; or\n(ii) in the case of an arrest warrant issued in accordance\nwith the law of the Commonwealth or another Territory –\nthe Attorney-General of the Commonwealth,\na written request, accompanied by a copy of the warrant; or\n(b) a written request made by the prisoner to the Minister and\nreferred to the Attorney-General,\nbeing in any case a request for the transfer of the prisoner to a\nparticipating State or to another Territory to be dealt with according\nto law, the Attorney-General shall either refuse to consent, or\n\nPart III Transfer for trial\nPrisoners (Interstate Transfer) Act 1983 10\nconsent, to the transfer and shall give to the Attorney-General of\nthe participating State, the Attorney-General of the Commonwealth\nor to the Minister, as the case may be, written notice of the refusal\nor consent.\n(2) Where the Minister receives a written request made by a prisoner\nfor the transfer of the prisoner to a participating State or to another\nTerritory to be dealt with according to law, the Minister shall, subject\nto subsection (3), refer the written request to the Attorney-General.\n(3) A request made by a prisoner for transfer to a participating State or\nto another Territory need not be referred by the Minister to the\nAttorney-General if it is made within 12 months after a similar\nrequest made by the prisoner.\n11 Necessary consents\n(1) An order of transfer shall be issued under this Part only if:\n(a) the Attorney-General has, in writing, consented to the transfer\nof the prisoner to whom the order relates to the participating\nState or other Territory, as the case may be;\n(b) in the case of a request for the transfer of a prisoner to a\nparticipating State (including a prisoner to whom\nparagraph (c)(ii) applies) – the Attorney-General of the\nparticipating State has, in writing, either consented to or\nrequested the transfer; and\n(c) in the case of:\n(i) a request for the transfer of a prisoner to another\nTerritory; or\n(ii) a request for the transfer of a prisoner for the purpose of\nbeing dealt with in respect of an arrest warrant issued in\naccordance with the law of the Commonwealth,\nthe Attorney-General of the Commonwealth has, in writing,\neither consented to or requested the transfer.\n(2) A certificate signed by a prescribed officer certifying that a consent\nor request required under subsection (1) for the transfer of a\nprisoner to a participating State, or to another Territory, specified in\nthe certificate has been given or made is, in the absence of\nevidence to the contrary, proof that the consent or request has\nbeen given or made.\n\nPart III Transfer for trial\nPrisoners (Interstate Transfer) Act 1983 11\n12 Prisoner to be brought before Local Court\n(1) The Local Court, upon proof to its satisfaction that the conditions\nprecedent specified in section 11(1) have been complied with, shall\nby order in writing direct the person in charge of the prison where\nthe prisoner to whom the certificate relates is then imprisoned to\nbring the prisoner before the Local Court at the place specified in\nthe order, on a date and at a time so specified, for determination as\nto whether an order of transfer shall be issued.\n(2) Notice of an order made under subsection (1) shall be served on\nthe Attorney-General and on the prisoner to whom it relates.\n(3) At a hearing for the purpose of determining whether an order for the\ntransfer of a prisoner shall be issued:\n(a) the prisoner shall be entitled to be represented by a legal\npractitioner; and\n(b) the Attorney-General shall be entitled to appear or be\nrepresented.\n13 Order of transfer\nWhen the prisoner is brought before it, the Local Court must:\n(a) issue an order for the transfer of the prisoner to the\nparticipating State, or to the other Territory, specified in the\ncertificate issued in accordance with section 11(2) in respect\nof the prisoner; or\n(b) if the court, on the application of the prisoner, is satisfied that it\nwould be harsh or oppressive, or not in the interests of justice,\nto transfer the prisoner to that participating State or other\nTerritory, or that the trivial nature of the charge or complaint\nagainst the prisoner does not warrant the transfer, refuse to\nissue such an order.\n14 Review of decision of Local Court\n(1) Where the Attorney-General or the prisoner or any other person\nwho has requested or consented to the transfer of the prisoner, is\ndissatisfied with the decision of the Local Court under section 13,\nthe Attorney-General, the prisoner or that person, as the case may\nbe, may, within 14 days after the decision, apply to the Supreme\nCourt for a review of the decision and the Supreme Court may\nreview the decision.\n(2) The prisoner shall be entitled to be present or be represented by a\nlegal practitioner at the review referred to in subsection (1) and for\n\nPart III Transfer for trial\nPrisoners (Interstate Transfer) Act 1983 12\nthat purpose any court or a person authorized by the rules of the\nSupreme Court may, by order in writing, direct the person in charge\nof the prison where the prisoner is then imprisoned to bring the\nprisoner to the place of the review specified in the order on a date\nand at a time so specified.\n(3) The Attorney-General and any other person who has requested or\nconsented to the transfer of the prisoner shall be entitled to appear\nor be represented at the review referred to in subsection (1).\n(4) The review of the decision under section 13 shall be by way of\nrehearing on the evidence, if any, given before the Local Court and\non any evidence in addition to the evidence so given.\n(5) Upon the review of a decision under section 13, the Supreme Court\nmay confirm the decision or quash the decision and substitute a\nnew decision in its stead.\n(6) For the purpose of giving effect to a substituted decision made\nunder subsection (5), the Supreme Court may issue an order for the\ntransfer of the prisoner to the appropriate participating State or\nother Territory.\n14A Effect of orders under this part on joint prisoners\nAn order of transfer issued under this Part in relation to a joint\nprisoner, to the extent that (but for this section) it authorizes or\nrequires the doing of an act or thing under this Act in relation to that\nperson in his or her capacity as a person upon whom a\nCommonwealth sentence of imprisonment has been imposed, has\nno effect unless and until:\n(a) a transfer order corresponding to the order of transfer is in\nforce in respect of that person under the Transfer of Prisoners\nAct 1983 of the Commonwealth; or\n(b) the transfer of that person is otherwise authorized under that\nAct.\n15 Prisoner brought to be returned to custody\nWhere an order is made under section 12(1) or 14(2):\n(a) the Commissioner of Correctional Services must execute the\norder or may charge a prison officer with the execution of the\norder; and\n(b) the prisoner must, while the order is being executed, be kept\nin the custody of the Commissioner of Correctional Services,\nprison officer or member of the Police Force acting under or in\n\nPart IV Transfer back to original State or Territory\nPrisoners (Interstate Transfer) Act 1983 13\nexecution of the order, who must in due course return the\nprisoner to the custody from which he has been brought.\n16 Request for transfer of imprisoned person to the Territory\nWhere a person who is the subject of an arrest warrant issued in\naccordance with a law of the Territory is imprisoned in a\nparticipating State, the Attorney-General may give to the Attorney-\nGeneral of the participating State a written request, accompanied\nby a copy of the warrant, for the transfer of the person to the\nTerritory to be dealt with according to law.\n17 Request for transfer to the Territory by imprisoned person\nWhere:\n(a) a person is imprisoned in a participating State;\n(b) the person is the subject of an arrest warrant issued in\naccordance with a law of the Territory; and\n(c) the Attorney-General of the participating State has given a\nnotice, in writing, to the Attorney-General that he or she has\nconsented to a request made by the person to be transferred\nto the Territory to enable the person to be dealt with according\nto law,\nthe Attorney-General shall either refuse to consent, or consent, to\nthe transfer and shall give to the Attorney-General of the\nparticipating State notice, in writing, of the refusal or consent.\nPart IV Transfer back to original State or Territory\n18 Return of prisoner if no sentence or shorter sentence in the\nTerritory\nWhere:\n(a) a person is transferred to the Territory from a participating\nState or another Territory pursuant to an order issued under\nthe provision of the interstate law of that participating State\nthat corresponds to section 13 or 14(6) or under Part III of the\nTransfer of Prisoners Act 1983 of the Commonwealth, or both;\n\nPart IV Transfer back to original State or Territory\nPrisoners (Interstate Transfer) Act 1983 14\n(b) so far as the Minister is aware, every complaint or information\nalleging any offence by the person against the law of the\nTerritory or the Commonwealth has been finally dealt with\naccording to law and as a result:\n(i) the person did not become liable to serve any sentence\nof imprisonment in the Territory; or\n(ii) the person did become liable to serve in the Territory\none or more sentences of imprisonment under which the\nperiod of imprisonment remaining to be served is shorter\nthan the period of imprisonment remaining to be served\nby the person under any translated sentence or\ntranslated sentences or any sentence of imprisonment\nthat has been imposed upon the person for any other\noffence against a law of the Commonwealth or another\nTerritory; and\n(c) the person is either a Territory prisoner or a joint prisoner,\nthe Minister shall, subject to section 21, issue an order for the\ntransfer of the person to the participating State or to the other\nTerritory, as the case may require.\n19 Effect of orders under this Part on joint prisoners\nAn order of transfer issued under this Part in relation to a joint\nprisoner, to the extent that (but for this section) it authorizes or\nrequires the doing of an act or thing under this Act in relation to that\nperson in his or her capacity as a person upon whom a\nCommonwealth sentence of imprisonment has been imposed, has\nno effect unless and until:\n(a) a transfer order corresponding to the order of transfer is in\nforce in respect of that person under the Transfer of Prisoners\nAct 1983 of the Commonwealth; or\n(b) the transfer of that person is otherwise authorized under that\nAct.\n\nPart IV Transfer back to original State or Territory\nPrisoners (Interstate Transfer) Act 1983 15\n21 Provisions ancillary to section 18\n(1) Section 18 does not apply in respect of a person if:\n(a) the Minister receives a written request made by the person,\nbeing a request for the person to serve the person's\nimprisonment in the Territory, and the Minister and:\n(i) in the case of a person transferred from a participating\nState (being a person who is a Territory prisoner) – the\ncorresponding Minister of the participating State;\n(ii) in the case of a person transferred from a participating\nState (being a person who is a joint prisoner) – the\ncorresponding Minister of the participating State and the\nAttorney-General of the Commonwealth; or\n(iii) in the case of a person transferred from another Territory\n(being a person who is a joint prisoner) – the Attorney-\nGeneral of the Commonwealth,\nagree in writing that the person should serve the imprisonment\nin the Territory; or\n(b) an indeterminate sentence (not being a translated sentence) is\nimposed upon the person by a court of the Territory.\n(1A) In making a decision for subsection (1)(a), the Minister may have\nregard to one or more of the following:\n(a) the welfare of the person;\n(b) the administration of justice in the Territory, a participating\nState or another Territory;\n(c) the security and good order of any prison in the Territory, a\nparticipating State or another Territory;\n(d) the safe custody of the person;\n(e) the protection of the community in the Territory, a participating\nState or another Territory;\n(f) any other matter the Minister considers relevant.\n\nPart IV Transfer back to original State or Territory\nPrisoners (Interstate Transfer) Act 1983 16\n(2) For the purposes of section 18, a complaint or information alleging\nan offence by a person is finally dealt with if:\n(a) the person is tried for the offence and:\n(i) the time or extended time, if any, fixed by or under an\nAct, within which an appeal against, or an application for\nthe review of, the decision given on the trial may be\nlodged, or within which a retrial may be ordered, has\nexpired; and\n(ii) any appeal or application for review in respect of the\ndecision given on the trial has been determined or\nwithdrawn and proceedings in respect of any retrial and\nany decision given on the retrial have been concluded;\nor\n(b) the complaint or information is withdrawn or a nolle prosequi\nor similar instrument is filed in respect of the offence.\n(3) For the purpose of determining which of the periods referred to in\nsection 18(b) is the shorter or longer:\n(b) a finite period of imprisonment shall be treated as being\nshorter than a period to be served under an indeterminate\nsentence;\n(c) the expression sentences of imprisonment in\nsection 18(b)(ii) includes a translated sentence that was\noriginally imposed by a court of the Territory;\n(d) the expression translated sentence or translated sentences\nin section 18(b)(ii) does not include a translated sentence that\nwas originally imposed by a court of the Territory; and\n(e) where a Territory sentence of imprisonment which a person\nbecame liable to serve in the Territory (not being a translated\nsentence) is cumulative with a translated sentence or\ntranslated sentences originally imposed by a court other than\na court of the Territory, that translated sentence or those\ntranslated sentences shall be deemed:\n(i) not to be a translated sentence or translated sentences,\nas the case may be; and\n(ii) to be a sentence or sentences, as the case may be,\nwhich the person is liable to serve in the Territory.\n\nPart V Effect of order of transfer\nPrisoners (Interstate Transfer) Act 1983 17\nPart V Effect of order of transfer\n22 Transfer in custody of escort\n(1) An order of transfer:\n(a) must direct the Commissioner of Correctional Services to\ndeliver the prisoner who is the subject of the order into the\ncustody of an escort and is sufficient authority to the\nCommissioner so to deliver the prisoner; and\n(b) authorises the escort to hold, take and keep custody of the\nprisoner for the purpose of conveying the prisoner from the\nTerritory to such prison in a participating State or another\nTerritory as is specified in the order and there to deliver the\nprisoner into the custody of the person in charge of that\nprison.\n(2) A reference in subsection (1) to an escort is a reference to a prison\nofficer, a member of the Police Force or a person appointed by the\nMinister by an instrument in writing to be an escort for the purposes\nof this Act, or any 2 or more of them.\n(3) Where:\n(a) under an interstate law or under the Transfer of Prisoners\nAct 1983 of the Commonwealth, or both, an order is issued for\nthe transfer to the Territory of a person imprisoned in a\nparticipating State or another Territory; and\n(b) pursuant to the order an escort brings the person into the\nTerritory,\nthe escort, while in the Territory, is authorized to hold, take and\nkeep custody of the person for the purpose of conveying the person\nto such prison in the Territory as is specified in the order and there\nto deliver the person into the custody of the Commissioner of\nCorrectional Services.\n23 Transfer of sentence with prisoner\n(1) Where pursuant to an order of transfer a prisoner is conveyed to a\nparticipating State or another Territory specified in the order, then\nfrom the time the prisoner arrives in the participating State or that\nother Territory every Territory sentence of imprisonment imposed\nupon the prisoner, including a translated sentence, ceases to have\neffect in the Territory except:\n\nPart V Effect of order of transfer\nPrisoners (Interstate Transfer) Act 1983 18\n(a) for the purpose of an appeal against or review of a conviction,\nfinding of guilt, judgment or sentence made, imposed or fixed\nby a court of the Territory;\n(b) in relation to a period of imprisonment served by the prisoner\nin the Territory; or\n(c) in relation to the remittance of money to the Minister which is\npaid in discharge or partial discharge of a sentence of default\nimprisonment originally imposed upon the prisoner by a court\nof the Territory.\n(2) Subsection (1) does not apply to a sentence of imprisonment\nimposed upon a person where the person has completed serving\nthat sentence.\n24 Information to be sent to participating State\n(1) Where pursuant to an order of transfer a prisoner is conveyed to a\nparticipating State, the Minister shall cause to be sent to the\ncorresponding Minister of the participating State or to some person\nfor the time being designated by the corresponding Minister:\n(a) the order of transfer;\n(b) the warrant of, or other authority for, commitment for a\nsentence of imprisonment which the prisoner was,\nimmediately before he or she left the Territory, serving or\nliable to serve;\n(c) a report relating to the prisoner, which shall contain such\ninformation and be accompanied by such documents available\nin the Territory as appear likely to be of assistance to a court,\nauthority or officer in the participating State and shall include\ndetails of findings of guilt, sentences of imprisonment,\nminimum terms of imprisonment, periods of imprisonment\nserved, entitlements to grants of parole and a copy of any\nrecord relating to the prisoner's conduct; and\n(d) details, accompanied by relevant orders or other documents,\nof any subsequent variations to the information provided in\naccordance with this subsection, whether arising from an\nappeal or review or otherwise.\n(2) A reference in subsection (1) to an order or other document is a\nreference to either the original or a copy certified in the prescribed\nmanner.\n\nPart V Effect of order of transfer\nPrisoners (Interstate Transfer) Act 1983 19\n25 Sentence deemed to have been imposed in the Territory\n(1) Where under an interstate law an order is issued for the transfer to\nthe Territory of a person imprisoned in a participating State and the\nperson is brought into the Territory pursuant to the order, then from\nthe time the person arrives in the Territory:\n(a) any State sentence of imprisonment (as defined in the\ninterstate law of the participating State) imposed upon the\nperson by a court of the participating State and any sentence\nof imprisonment deemed by the provision of an interstate law\nthat corresponds to this section to have been imposed by a\ncourt of the participating State shall be deemed to have been\nimposed upon the person; and\n(b) a direction or order given or made by a court of the\nparticipating State in relation to when any such State sentence\nof imprisonment shall commence shall, so far as practicable,\nbe deemed to have been given or made,\nby a corresponding court of the Territory and, except as otherwise\nprovided in this Act, shall be given effect to in the Territory, and the\nlaws of the Territory shall apply, as if such a court had had power to\nimpose the sentence and give or make the direction or order, if any,\nand did in fact impose the sentence and give or make the direction\nor order, if any.\n(2) Subsection (1) does not apply to or in respect of a sentence of\nimprisonment imposed upon a person where the person has\ncompleted serving that sentence.\n26 Provisions relating to translated sentences\n(1) Where under a law of a participating State there has been fixed by\na court in respect of a translated sentence a minimum term of\nimprisonment (being a shorter term than the translated sentence),\nduring which minimum term the person subject to the sentence is\nnot eligible to be released on parole, then, except as otherwise\nprovided in this Act, that minimum term shall be deemed likewise to\nhave been fixed by the corresponding court of the Territory.\n(2) Where a translated sentence or a minimum term deemed under\nsubsection (1) to have been fixed by a corresponding court of the\nTerritory:\n(a) is varied or quashed on a review by or appeal to a court of the\nparticipating State where the sentence or minimum term was\nimposed or fixed, the sentence or minimum term shall be\ndeemed to have been varied to the same extent, or to have\nbeen quashed, by a corresponding court of the Territory; or\n\nPart V Effect of order of transfer\nPrisoners (Interstate Transfer) Act 1983 20\n(b) otherwise is varied or ceases to have effect as a result of\naction taken by a person or authority in that participating\nState, the sentence shall be deemed to have been varied to\nthe same extent, or to have ceased to have effect, as a result\nof action taken by an appropriate person or authority in the\nTerritory.\n(3) Nothing in this Act operates to permit in the Territory an appeal\nagainst or review of a conviction, finding of guilt, judgment,\nsentence or minimum term made, imposed or fixed in relation to a\nperson by a court of a participating State.\n(4) Where a translated sentence is an indeterminate sentence requiring\nthat the person who is the subject of the sentence be detained\nduring the pleasure of the Sovereign or during the pleasure of the\nGovernor of the participating State in which the sentence was\nimposed, the person shall be detained during the Administrator's\npleasure.\n(5) The Administrator:\n(a) may exercise the royal prerogative of mercy in favour of a\nperson who is subject to a translated sentence as if the person\nwere:\n(i) an offender found guilty in a court of the Territory; or\n(ii) an offender found guilty within the Territory before a\njudge of the Territory; and\n(b) in exercising that prerogative, may give effect to any indication\ngiven by the Governor of the participating State in which the\nsentence of imprisonment was imposed upon that person as\nto what the Governor of the participating State may have done\nhad the person not been transferred to the Territory.\n(6) A person who is subject to a translated sentence and who, prior to\nbeing transferred to the Territory, served a period of the translated\nsentence in a participating State (including a period deemed to\nhave been served in a participating State under the provision of an\ninterstate law that corresponds to this subsection and a period\nspent in custody while being transferred to a prison in the Territory)\nis deemed to have served that period of the translated sentence in\nthe Territory.\n(8) Subsection (5) does not apply in relation to a conviction or\ntransferred sentence referred to in section 24(2)(a) or (b) of the\nTransfer of Prisoners Act 1983 of the Commonwealth, but nothing\nin this subsection shall be construed as preventing the Sovereign or\nthe Administrator from exercising the royal prerogative of mercy as\n\nPart V Effect of order of transfer\nPrisoners (Interstate Transfer) Act 1983 21\nreferred to in section 24(2) of that Act.\n27 Translated sentences – default imprisonment\n(1) Where a translated sentence is a sentence by which default\nimprisonment was ordered and a portion of the amount in default of\npayment of which the default imprisonment was ordered is paid by\nor on behalf of the prisoner who is the subject of the sentence to\nthe Commissioner of Correctional Services:\n(a) the term of default imprisonment shall be reduced by a period\nwhich bears to the term of default imprisonment the same\nproportion as the portion paid bears to the total amount that\nwas payable and, subject to any other sentence of\nimprisonment, the prisoner shall be entitled to be released on\nthe expiry of the reduced period; and\n(b) the portion so paid shall be remitted by the Commissioner to\nthe corresponding Minister of the participating State where the\nsentence, by which default imprisonment was ordered, was\noriginally imposed.\n(2) Where a translated sentence is a sentence by which default\nimprisonment was ordered and, on a review by or an appeal to a\ncourt of the participating State where the sentence was imposed or\nas a result of any other action taken by a person or authority in that\nparticipating State, the amount in default of payment of which the\ndefault imprisonment was ordered is reduced or the obligation to\npay that amount is quashed:\n(a) the term of default imprisonment shall, where the amount is\nreduced, be reduced by a period which bears to the term of\ndefault imprisonment the same proportion as the amount of\nthe reduction bears to the total amount that was payable and,\nsubject to any other sentence of imprisonment that may be\nimposed on him or her, the prisoner shall be entitled to be\nreleased on the expiry of that reduced period; or\n(b) the prisoner shall, where the obligation to pay the amount is\nquashed, thereupon, subject to any other sentence of\nimprisonment that may be imposed on him or her, be entitled\nto be released.\n\nPart VI Miscellaneous\nPrisoners (Interstate Transfer) Act 1983 22\nPart VI Miscellaneous\n28 Notification to prisoners of certain decisions\nThe Attorney-General shall, when he or she makes a decision in\nrespect of a prisoner for the purposes of this Act, advise that\nprisoner of that decision.\n29 Lawful custody for transit through the Territory\n(1) Where, in relation to a person imprisoned in a participating State, or\nin another Territory, an order is made under an interstate law or\nunder the Transfer of Prisoners Act 1983 of the Commonwealth, or\nboth, for the transfer of that person to a participating State or\nanother Territory, and in the course of conveying the person to the\nparticipating State or other Territory pursuant to the order an escort\nbrings the person into the Territory, then:\n(a) while in the Territory, the escort is authorized to hold, take and\nkeep custody of the person for the purpose of conveying the\nperson from the Territory to such prison in the participating\nState or other Territory as is specified in the order and there to\ndeliver the person into the custody of the person in charge of\nthe prison; and\n(b) the Commissioner is authorised upon:\n(i) the request of the escort; and\n(ii) delivery to the Commissioner by the escort of a copy of\nthe order of transfer certified by the escort to be such a\ncopy,\nto receive the person and to detain him or her in custody as\nthough the person were a Territory prisoner for such time as\nthe escort requests and is reasonably necessary for the\npurpose of executing the order.\n(2) Where the Commissioner has the custody of a person under\nsubsection (1)(b), the Commissioner is authorised, upon the\nrequest of an escort and production by the escort of the order of\ntransfer relating to the person, to deliver the person into the custody\nof the escort.\n30 Escape from custody of person being transferred\n(1) A person in the custody of an escort pursuant to section 29 who\nescapes from that custody may be apprehended without warrant by\nthe escort, a member of the Police Force or any other person.\n\nPart VI Miscellaneous\nPrisoners (Interstate Transfer) Act 1983 23\n(2) Where a person in custody pursuant to section 29:\n(a) has escaped and been apprehended; or\n(b) has attempted to escape,\nthat person may be taken before the Local Court who may,\nnotwithstanding the terms of the order of transfer issued under the\ninterstate law, by warrant signed by the Local Court:\n(c) order the person to be returned to the participating State in\nwhich the order of transfer under which that person was being\nconveyed at the time of the escape or attempt to escape was\nissued; and\n(d) for that purpose, order the person to be delivered to an escort.\n(2A) Subsections (1) and (2) do not apply to a person to whom\nsection 47 of the Crimes Act 1914 of the Commonwealth applies by\nvirtue of section 26(2) of the Transfer of Prisoners Act 1983 of the\nCommonwealth.\n(3) A warrant issued under subsection (2) may be executed according\nto its tenor.\n(4) A person who is the subject of a warrant issued under\nsubsection (2) may be detained in custody as a Territory prisoner\nuntil the person is delivered into the custody of an escort in\naccordance with that warrant or until the expiration of a period of\n7 days from the issuing of the warrant, whichever first occurs.\n(5) If a person who is the subject of a warrant issued under\nsubsection (2) is not, in accordance with the warrant, delivered into\nthe custody of an escort within a period of 7 days from the issuing\nof the warrant, the warrant shall have no further effect.\n(6) A reference in subsection (2), (4) or (5) to an escort in relation to a\nperson who was, at the time of his escape or attempt to escape,\nbeing conveyed under an order of transfer issued in a participating\nState is a reference to:\n(a) the escort who had the custody of that person pursuant to that\norder;\n(b) a prison officer or a member of the Police Force of the\nparticipating State; or\n\nPart VI Miscellaneous\nPrisoners (Interstate Transfer) Act 1983 24\n(c) a person appointed by the corresponding Minister of the\nparticipating State, by an instrument in writing, to be an escort\nfor the purpose of conveying that person to the participating\nState,\nor any 2 or more of them.\n31 Escape from custody – penalty\n(1) A person who, being a person in custody under an order of transfer,\nescapes or attempts to escape from that custody while he or she is\nnot within the Territory or the participating State or other Territory to\nwhich he or she was being conveyed under that order is guilty of an\noffence.\nMaximum penalty: Imprisonment for 7 years.\n(2) A term of imprisonment imposed on a person for an offence against\nsubsection (1) shall be served after the expiration of a term of\nimprisonment, penal servitude or detention to which the person was\nsubject at the time of his or her escape or attempt to escape.\n(4) Subsections (1) and (2) do not apply to a person to whom\nsection 47 of the Crimes Act 1914 of the Commonwealth applies by\nvirtue of section 26(1) or (2) of the Transfer of Prisoners Act 1983 of\nthe Commonwealth.\n32 Revocation of order of transfer on escape from custody\nThe Local Court may revoke an order of transfer if it appears to the\ncourt, on application made to it under this section by the holder of a\nprescribed office or position or by a person who belongs to a\nprescribed class of persons, that the person in respect of whom the\norder was issued has, while being conveyed in accordance with\nthat order, committed:\n(a) the offence of escaping or attempting to escape; or\n(b) any other offence,\nwhether or not:\n(c) the offence was an offence against a law of the Territory, the\nCommonwealth, a participating State or another Territory; or\n(d) a charge has been laid or a finding of guilt secured in respect\nof the offence.\n\nPart VI Miscellaneous\nPrisoners (Interstate Transfer) Act 1983 25\n33 Regulations\nThe Administrator may make regulations, not inconsistent with this\nAct, prescribing all matters required or permitted by this Act to be\nprescribed, or necessary or convenient to be prescribed for carrying\nout or giving effect to this Act.\n\nENDNOTES\nPrisoners (Interstate Transfer) Act 1983 26\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nPrisoners (Interstate Transfer) Act 1983 (Act No. 7, 1983)\nAssent date 27 April 1983\nCommenced 21 September 1984 (Gaz S50, 21 September 1984)\nPrisoners (Interstate Transfer) Amendment Act 1989 (Act No. 9, 1989)\nAssent date 28 March 1989\nCommenced 12 February 1992 (Gaz G6, 12 February 1992, p 3)\nSentencing (Consequential Amendments) Act 1996 (Act No. 17, 1996)\nAssent date 19 April 1996\nCommenced s 7: 19 April 1996; rem: 1 July 1996 (s 2, s 2 Sentencing\nAct 1995 (Act No. 39, 1995) and Gaz S15, 13 June 1996)\nPrisoners (Interstate Transfer) Amendment Act 1997 (Act No. 10, 1997)\nAssent date 26 March 1997\nCommenced 26 March 1997\nYouth Justice (Consequential Amendments) Act 2005 (Act No. 33, 2005)\nAssent date 22 September 2005\nCommenced 1 August 2006 (s 2, s 2 Youth Justice Act 2005 (Act No. 32,\n2005) and Gaz G30, 26 July 2006, p 3)\nStatute Law Revision Act 2007 (Act No. 4, 2007)\nAssent date 8 March 2007\nCommenced 8 March 2007\nPrisoners (Interstate Transfer) Amendment Act 2009 (Act No. 31, 2009)\nAssent date 11 November 2009\nCommenced 23 December 2009 (Gaz G51, 23 December 2009, p 2)\nJustice Legislation Amendment (Penalties) Act 2010 (Act No. 12, 2010)\nAssent date 20 May 2010\nCommenced 1 July 2010 (Gaz G24, 16 June 2010, p 2)\n\nENDNOTES\nPrisoners (Interstate Transfer) Act 1983 27\nCorrectional Services (Related and Consequential Amendments) Act 2014 (Act No. 27,\n2014)\nAssent date 4 September 2014\nCommenced 9 September 2014 (Gaz S80, 9 September 2014, p 2)\nLocal Court (Repeals and Related Amendments) Act 2016 (Act No. 9, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (Gaz S34, 29 April 2016)\nStatute Law Amendment (Succession of the Crown) Act 2023 (Act No. 10, 2023)\nAssent date 20 April 2023\nCommenced 21 April 2023 (s 2)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1 and 3.\n4 LIST OF AMENDMENTS\ns 3 amd No. 9, 1989, s 4; No. 17, 1996, s 6; No. 10, 1997, s 2; No. 33, 2005, s 5;\nNo. 4, 2007, s 7; No. 31, 2009, s 9; No. 27, 2014, s 57; No. 9, 2016, s 135;\nNo. 10, 2023, s 5\ns 4 amd No. 9, 1989, s 5; No. 9, 2016, s 135\ns 4B ins No. 9, 2016, s 134\npt II hdg amd No. 31, 2009, s 4\ns 5 sub No. 9, 1989, s 6\namd No. 31, 2009, s 5\ns 6 sub No. 9, 1989, s 6\ns 7 amd No. 9, 1989, s 7\ns 8 amd No. 9, 1989, s 8; No. 31, 2009, s 9\ns 9 amd No. 31, 2009, s 6\ns 9A ins No. 31, 2009, s 7\ns 10 amd No. 9, 1989, s 9; No. 31, 2009, s 9\ns 11 amd No. 9, 1989, s 10\ns 12 amd No. 27, 2014, s 57; No. 9, 2016, s 135\ns 13 amd No. 9, 1989, s 11; No. 9, 2016, s 135\ns 14 amd No. 9, 1989, s 12; No. 27, 2014, s 57; No. 9, 2016, s 135\ns 14A ins No. 9, 1989, s 13\ns 15 amd No. 27, 2014, s 57\ns 17 amd No. 31, 2009, s 9\npt IV hdg sub No. 9, 1989, s 14\nss 18 – 19 sub No. 9, 1989, s 14\ns 20 rep No. 9, 1989, s 14\ns 21 amd No. 9, 1989, s 15; No. 31, 2009, s 8; No. 27, 2014, s 57\ns 22 amd No. 9, 1989, s 16; No. 31, 2009, s 9; No. 27, 2014, s 57\ns 23 amd No. 9, 1989, s 17; No. 17, 1996, s 6\ns 24 amd No. 17, 1996, s 6; No. 31, 2009, s 9; No. 27, 2014, s 57\ns 25 amd No. 9, 1989, s 18\ns 26 amd No. 9, 1989, s 19; No. 17, 1996, s 6; No. 31, 2009, s 9; No. 27, 2014,\ns 57; No. 9, 2016, s 135; No. 10, 2023, s 5\ns 27 amd No. 9, 1989, s 20; No. 31, 2009, s 9; No. 27, 2014, s 57\ns 28 amd No. 31, 2009, s 9\ns 29 amd No. 9, 1989, s 21; No. 31, 2009, s 9; No. 27, 2014, s 57\n\nENDNOTES\nPrisoners (Interstate Transfer) Act 1983 28\ns 30 amd No. 9, 1989, s 22; No. 31, 2009, s 9; No. 9, 2016, s 135\ns 31 amd No. 9, 1989, s 23; No. 31, 2009, s 9; No. 12, 2010, s 3; No. 27, 2014,\ns 57\ns 32 amd No. 9, 1989, s 24; No. 17, 1996, s 6; No. 31, 2009, s 9; No. 9, 2016,\ns 135","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act's original scope has been modified: it must be applied with the changes set out in section 13 of the Cross‑border Justice Act 2009 and by regulations (Note). The Administrator can declare which State laws are 'interstate laws' and which Territory courts correspond to State courts, expanding functional coverage and creating dependency on external declarations (s4). Amendments also formalise Local Court jurisdiction (s4B), include transfer rules for other Territories, and add joint‑prisoner and translated‑sentence mechanics (ss4,4B,6,14A,19,25–27), altering operational scope from the original enactment."},"complexity_factors":["Cross‑jurisdictional interactions with participating States, other Territories and Commonwealth law requiring coordinated consents and declarations (see Note; s4; ss6,14A,19).","Multiple decision‑makers with distinct powers: Minister for transfers at prisoner request (s5), Attorney‑General for transfers for trial (s10–11), corresponding Ministers in other jurisdictions (s5, s11).","Administrative procedures and evidence requirements: certificates, reports, warrants and prescribed officer certifications (ss9,11,24).","Court procedures and review paths: Local Court hearing and written orders for transfer (ss12–13), and Supreme Court rehearing on appeal (s14).","Treatment and conversion of sentences across jurisdictions (translated sentences), including minimum terms, default imprisonment and royal prerogative of mercy effects (ss23–27).","Special rules for joint prisoners who carry Commonwealth sentences alongside Territory/State sentences, creating dependency on Commonwealth transfer authority (ss6,14A,19).","Operational burdens on correctional authorities to execute transfers, escort custody and information exchange (ss15,22,24,29).","Escape, penalties and revocation mechanics that span jurisdictions and allow Local Court revocation and severe criminal penalties (ss30–32).","Discretionary and non‑reviewable decisions: Ministerial discretion with limited judicial review (s5(6)), and broad factors ministers may consider (s9A).","Dependence on external instruments and amendments (Cross‑border Justice Act 2009 modifications and regulations) that change how this Act applies (Note; Part 3 Div 13 of Cross‑border Justice Regulations 2009)."],"plain_english_summary":"This Act sets out how prisoners may be transferred between the Northern Territory and other Australian States or Territories. It specifies who can request or consent to transfers, the court and ministerial processes to authorise them, and how sentences are treated once a prisoner moves jurisdiction.\n\nIt affects prisoners, correctional services and Attorneys‑General: ministers and prosecutors make transfer decisions, prisons must prepare reports and execute escorts, and transferred sentences are given local legal effect, creating administrative and legal compliance obligations."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The original 1983 Act appears to have been a relatively straightforward mechanism for prisoner transfers. However, the current version has grown significantly through amendments (particularly in 1989, 2009, and 2014) to accommodate: (1) the Commonwealth *Transfer of Prisoners Act 1983* framework for federal prisoners; (2) the *Cross-border Justice Act 2009* (noted at the beginning); (3) complex 'translated sentence' mechanics for managing interstate sentences as if they were local; and (4) detailed provisions for transit custody and escapes. The Act has evolved from a simple bilateral transfer mechanism into a sophisticated multi-jurisdictional coordination instrument."},"complexity_factors":["Multiple overlapping legislative schemes: The Act must be read together with the Commonwealth *Transfer of Prisoners Act 1983* and various 'interstate laws' of other states, creating a web of cross-references (Note at beginning, sections 6, 14A, 19, 29, 30, 31).","Extensive defined terms: 15+ defined terms in section 3, including technical concepts like 'default imprisonment', 'indeterminate sentence', 'joint prisoner', 'translated sentence', and 'corresponding court'.","Bifurcated decision-making: Different decision-makers (Minister vs Attorney-General vs Local Court vs Supreme Court) handle different types of transfers, with different appeal rights (Part II decisions are non-reviewable; Part III decisions are reviewable).","Conditional logic for 'translated sentences': Complex rules in Part V (sections 25-27) for how foreign sentences are treated as NT sentences, including special provisions for indeterminate sentences, default imprisonment, and minimum terms.","Nested exceptions: Section 18 (return of prisoners) contains multiple conditions and is subject to exceptions in section 21 (which itself has sub-exceptions for indeterminate sentences).","Joint prisoner provisions: Special parallel requirements for prisoners serving both Territory and Commonwealth sentences appear in sections 6, 14A, and 19, requiring synchronization with federal law.","Missing section numbers: The Act skips from section 19 to 21 (section 20 was repealed), which can confuse navigation."],"plain_english_summary":"**What this law does:**\n\nThis is the Northern Territory's law for moving prisoners between the NT and other Australian states or territories. It creates a legal framework for three main situations:\n\n*   **Voluntary transfers (Part II):** A prisoner serving time in the NT can ask to be moved to another state or territory to be closer to family, for rehabilitation, or other personal reasons. The NT Minister must agree, and the receiving state/territory must consent. The Minister's decision is final and cannot be reviewed by courts.\n\n*   **Transfers for trial (Part III):** If a prisoner in the NT is wanted to face charges in another state/territory (or vice versa), this law allows them to be temporarily transferred to face those charges. This involves the Attorney-General, court orders, and judicial oversight. The Local Court can refuse transfer if it would be \"harsh or oppressive\" or if the charges are trivial.\n\n*   **Return transfers (Part IV):** If someone was transferred to the NT for trial but ends up with no sentence (or a shorter sentence than they had elsewhere), they must generally be sent back to where they came from, unless everyone agrees they should stay.\n\n**Key mechanics:**\n\n*   **\"Translated sentences\":** When a prisoner from another state serves their sentence in the NT, that sentence is \"translated\" into an NT sentence. This means NT authorities can manage parole, calculate time served, and apply NT procedures as if the sentence was originally imposed there.\n*   **Joint prisoners:** Special rules apply to prisoners serving both NT and Commonwealth (federal) sentences—they need approval under both this Act and the Commonwealth *Transfer of Prisoners Act 1983*.\n*   **Escapes:** Escaping during transfer is a serious offence (up to 7 years imprisonment), and the sentence for escape must be served after any existing sentence.\n\n**Who it affects:**\n\n*   Prisoners in NT correctional facilities who want to transfer interstate.\n*   Prisoners from other states who are transferred to the NT for trial or to serve sentences.\n*   NT and interstate correctional services, police, and courts (particularly the Local Court and Supreme Court).\n*   The NT Minister for Corrections and the Attorney-General.\n\n**Why it matters:**\n\nWithout this law, prisoners couldn't legally be moved across borders. It allows for rehabilitation (serving time near family), ensures people can face charges in the proper jurisdiction, and creates a seamless system where sentences from one state are recognized and enforced in another. It balances administrative efficiency with some judicial safeguards (particularly for transfers for trial)."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/prisoners-interstate-transfer-act-1983","history":"/api/acts/prisoners-interstate-transfer-act-1983/history","analysis":"/api/acts/prisoners-interstate-transfer-act-1983/analysis","conflicts":"/api/acts/prisoners-interstate-transfer-act-1983/conflicts","importantCases":"/api/acts/prisoners-interstate-transfer-act-1983/important-cases","documents":"/api/acts/prisoners-interstate-transfer-act-1983/documents"}}