Crimes (Sentence Administration) Act 2005
259International transfer—prisoners transferred to Australia
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259 International transfer—prisoners transferred to Australia (1) A prisoner who is transferred to Australia under the Commonwealth Act must be treated for a relevant enforcement law as if the prisoner were a federal prisoner serving a sentence of imprisonment imposed under a law of the Commonwealth. (2) Without limiting subsection (1), enforcement laws relating to the following matters apply to a prisoner who is transferred to Australia under the Commonwealth Act: (a) conditions of imprisonment and treatment of prisoners; (b) release on parole of prisoners; (c) classification and separation of prisoners;
International transfer of prisoners Part 11.2 (d) removal of prisoners between prisons, hospitals and other places; (e) treatment of mentally impaired prisoners; (f) eligibility for participation in prison programs, including release under a prerelease permit scheme (however described); (g) temporary absence from prison (for example, to work or seek work, to attend a funeral or visit a relative suffering a serious illness, or to attend a place of education or training); (h) transfer of prisoners between States and Territories. (3) Any direction given by the Commonwealth Attorney-General under the Commonwealth Act, section 44 or section 49 must be given effect in the ACT. enforcement law means any of the following about the detention of prisoners: (a) an ACT law; (b) a law of the Commonwealth, a State or another Territory; (c) a practice or procedure lawfully observed.