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Crimes (Sentence Administration) Act 2005
247Interstate transfer—default imprisonment for translated
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247 Interstate transfer—default imprisonment for translated
(1) This section applies if a person (the prisoner) is serving a translated
sentence by which default imprisonment was ordered.
(2) If this section applies, and any part of the default amount is paid by
or on behalf of the prisoner to the person in charge of the prison where
the prisoner is held—
(a) the term of default imprisonment is reduced by a period that
bears to the term of default imprisonment the same proportion
as the part paid bears to the total amount that was payable; and
(b) the prisoner is entitled to be released from detention at the end
of the reduced period, subject to any other sentence of
(c) the person in charge must send the amount paid to the
corresponding Minister of the participating state where the
translated sentence was originally imposed.
(3) If this section applies, and on review by (or appeal to) a court of the
participating state where the default sentence was imposed, or
because of any other action taken by any entity in the participating
state—
(a) the default amount is reduced—
(i) the term of default imprisonment is reduced by a period
that bears to the term of default imprisonment the same
proportion as the amount of the reduction bears to the total
of the default amount; and
(ii) the prisoner is entitled to be released from detention at the
end of that reduced period, subject to any other sentence of
imprisonment; or
(b) the obligation to pay the default amount is set aside—the
prisoner is entitled to be released from detention immediately,
subject to any other sentence of imprisonment.
default amount, in relation to a sentence of default imprisonment,
means the amount in default of payment of which the default
imprisonment was ordered.