Crimes (Sentence Administration) Act 2005
217Definitions—pt 11.1
Start here
Get a plain-English read of 217
Turn the raw legal text into a practical explanation grounded in Crimes (Sentence Administration) Act 2005.
217 Definitions—pt 11.1 ACT prisoner means a person subject to an ACT sentence of imprisonment, but does not include a person subject to a commonwealth sentence of imprisonment. ACT sentence of imprisonment means a sentence of imprisonment for an offence against an ACT law, and includes— (a) a sentence under which default imprisonment is ordered; and (b) an indeterminate sentence; and (c) a translated sentence. arrest warrant, for a person, means a warrant to apprehend or arrest the person or commit the person to prison, except— (a) a warrant under which the term of imprisonment that the person is liable to serve is default imprisonment; or (b) a warrant to secure the attendance of the person. commonwealth sentence of imprisonment means a sentence of imprisonment for an offence against a law of the Commonwealth or a non-participating territory. corresponding ACT court, in relation to a court of a participating state, means an ACT court declared under section 221 (Interstate transfer—corresponding courts and interstate laws) to be a corresponding court in relation to the participating state court.
corresponding Minister, of a participating state, means the Minister of the State responsible for the administration of the State’s interstate law. default imprisonment means imprisonment in default of— (a) payment of any fine, penalty, costs or other amount of money of any kind imposed or ordered to be paid by a court, judge, magistrate or justice of the peace; or (b) entering into a bond or recognisance to be of good behaviour or keep the peace. Governor, of a participating state, means— (a) for a State other than the Northern Territory—the State’s Governor or anyone exercising the functions of the Governor; or (b) for the Northern Territory—the Administrator of the Northern Territory or anyone exercising the functions of the Administrator. indeterminate sentence means a sentence of, or order or direction for, imprisonment or detention— (a) for life; or (b) during the pleasure of— (i) the Governor-General; or (ii) the Governor of a participating state; and includes such a sentence, order or direction resulting from the operation of any law. interstate law means a law declared under section 221 (Interstate transfer—corresponding courts and interstate laws) to be an interstate law for this part.
interstate sentence of imprisonment means— (a) a state sentence of imprisonment within the meaning of an interstate law; or (b) for the Northern Territory—a territory sentence of imprisonment within the meaning of the Prisoners (Interstate Transfer) Act 1983 (NT). joint prisoner means a person subject to both— (a) an ACT sentence of imprisonment or an interstate sentence of (b) a commonwealth sentence of imprisonment. non-participating territory means an external territory or the Jervis Bay Territory. order of transfer means an order issued under any of the following provisions for the transfer of a prisoner to a participating state or non-participating territory: (a) section 222 (Interstate transfer—requests from ACT and joint prisoners for transfer to participating state); (b) section 223 (Interstate transfer—requests from ACT and joint prisoners for transfer to non-participating territory); (c) section 231 (Interstate transfer—order of transfer); (d) section 232 (8) (Interstate transfer—review of Magistrates Court decision); (e) section 237 (1) (Interstate transfer—return of prisoner to participating state). participating state means a State in which an interstate law is in force.