246Interstate transfer—effect of translated sentences before

246 Interstate transfer—effect of translated sentences before transfer to ACT (1) A person who is subject to a translated sentence is taken to have served in the ACT the period of the translated sentence that, until the time of transfer to the ACT, the person has served in relation to the sentence in a participating state, including— (a) any period that is taken by the provision of an interstate law corresponding to this subsection to have been served in a participating state; and (b) any period spent in custody while being transferred to a prison in the ACT. (2) A person who is subject to the translated sentence is taken to be entitled under a remission instrument to any remission of the person’s translated sentence for which, until the time of transfer to the ACT, the person was eligible in relation to the sentence of imprisonment in the participating state, including any remission of sentence taken by an interstate law to have been earned in a participating state. (3) For subsection (2), a remission of the translated sentence is not taken into account if— (a) the person subject to the sentence was eligible for remission until the time of the person’s transfer to the ACT; and (b) the remission is attributable to a part of the sentence not served or not to be served in the participating state from which the person was transferred. (4) Any remission of a translated sentence under a remission instrument, except a remission mentioned in subsection (2), is worked out from the time of arrival in the ACT of the person subject to the sentence.