sec.18DApplication of Act to Norfolk Island prisoners

### sec.18D Application of Act to Norfolk Island prisoners This Act applies in relation to a Norfolk Island prisoner who is in the chief executive’s custody under section 18C — as if the order or sentence of the Norfolk Island court or Norfolk Island magistrate under which the Norfolk Island prisoner is liable to undergo imprisonment or other detention were made or imposed by a court of the State under a law of the State; and subject to subsection (2) and a regulation made under subsection (3) . Chapter 5 does not apply in relation to the Norfolk Island prisoner unless a regulation under subsection (3) provides otherwise. A regulation may provide that a provision of this Act, other than a provision of this part— does, or does not, apply to the Norfolk Island prisoner; or applies to the Norfolk Island prisoner as modified by the regulation. A regulation under subsection (3) must declare it is made under that subsection. However, the application of this Act to the Norfolk Island prisoner— applies subject to— the Removal of Prisoners Act 2004 (Norfolk Island) ; and the Sentencing Act 2007 (Norfolk Island) ; and stops having effect if the Norfolk Island prisoner is discharged, or delivered into the custody of a constable under a Norfolk Island warrant. s 18D ins 2024 No. 25 s 4 (sec.18D-ssec.1) This Act applies in relation to a Norfolk Island prisoner who is in the chief executive’s custody under section 18C — as if the order or sentence of the Norfolk Island court or Norfolk Island magistrate under which the Norfolk Island prisoner is liable to undergo imprisonment or other detention were made or imposed by a court of the State under a law of the State; and subject to subsection (2) and a regulation made under subsection (3) . (sec.18D-ssec.2) Chapter 5 does not apply in relation to the Norfolk Island prisoner unless a regulation under subsection (3) provides otherwise. (sec.18D-ssec.3) A regulation may provide that a provision of this Act, other than a provision of this part— does, or does not, apply to the Norfolk Island prisoner; or applies to the Norfolk Island prisoner as modified by the regulation. (sec.18D-ssec.4) A regulation under subsection (3) must declare it is made under that subsection. (sec.18D-ssec.5) However, the application of this Act to the Norfolk Island prisoner— applies subject to— the Removal of Prisoners Act 2004 (Norfolk Island) ; and the Sentencing Act 2007 (Norfolk Island) ; and stops having effect if the Norfolk Island prisoner is discharged, or delivered into the custody of a constable under a Norfolk Island warrant. - (a) as if the order or sentence of the Norfolk Island court or Norfolk Island magistrate under which the Norfolk Island prisoner is liable to undergo imprisonment or other detention were made or imposed by a court of the State under a law of the State; and - (b) subject to subsection (2) and a regulation made under subsection (3) . - (a) does, or does not, apply to the Norfolk Island prisoner; or - (b) applies to the Norfolk Island prisoner as modified by the regulation. - (a) applies subject to— (i) the Removal of Prisoners Act 2004 (Norfolk Island) ; and (ii) the Sentencing Act 2007 (Norfolk Island) ; and - (i) the Removal of Prisoners Act 2004 (Norfolk Island) ; and - (ii) the Sentencing Act 2007 (Norfolk Island) ; and - (b) stops having effect if the Norfolk Island prisoner is discharged, or delivered into the custody of a constable under a Norfolk Island warrant. - (i) the Removal of Prisoners Act 2004 (Norfolk Island) ; and - (ii) the Sentencing Act 2007 (Norfolk Island) ; and