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Crimes (Sentence Administration) Act 2005
245Interstate transfer—indeterminate translated sentences
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245 Interstate transfer—indeterminate translated sentences
(1) If a translated sentence is an indeterminate sentence requiring that the
person who is the subject of the sentence be detained during the
pleasure of the Governor of the participating state where the sentence
was imposed, the person must be detained during the pleasure of the
Governor-General.
(2) The Executive may grant a pardon under section 314 (Grant of
pardons) to a person who is subject to a translated sentence as if the
person were an offender convicted in the ACT of an offence against
an ACT law.
(3) If the Governor of the participating state where the sentence of
imprisonment was imposed on the person has given an indication
about what the Governor may have done had the person not been
transferred to the ACT, the Executive may give effect to that
indication in granting a pardon to the person under section 314.
(4) Subsection (2) does not apply in relation to the conviction of a person
for an offence against a law of a non-participating territory.