249Interstate transfer—lawful custody for transit through

249 Interstate transfer—lawful custody for transit through ACT (1) This section applies if, in relation to a person imprisoned in a participating state or non-participating territory (the prisoner)— (a) an order of transfer is made under an interstate law, the Transfer of Prisoners Act 1983 (Cwlth), or both, for the transfer of the prisoner to a State or non-participating territory; and (b) while transferring the prisoner under the order an escort (however described) brings the prisoner into the ACT. (2) While the prisoner being transferred under the transfer order is in the ACT— (a) the escort is authorised to have custody of the prisoner for the purpose of taking the prisoner from the ACT to the prison stated in the order and delivering the prisoner into the custody of the person in charge of the prison; and (b) if the escort asks the person in charge of a prison to detain the prisoner and gives the person a copy of the transfer order (certified by the escort to be a true copy)—the person in charge of the prison is authorised to detain the prisoner, as though the prisoner were an ACT prisoner, for the time the escort asks for, or for the shorter or longer time that is necessary to execute the transfer order; and (c) if the person in charge of a prison has the custody of the prisoner under paragraph (b)—the person is authorised to deliver the prisoner back into the escort’s custody if the escort asks and produces the transfer order.