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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.