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Crimes (Sentence Administration) Act 2005
37Full-time detention—return from NSW
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37 Full-time detention—return from NSW
(1) The director-general may, in writing, direct that the full-time detainee
be returned to the ACT.
(2) Without limiting subsection (1), if the full-time detainee asks the
director-general to be released in the ACT from imprisonment under
this Act or another territory law, the director-general may direct that
the detainee be returned to the ACT for the release.
(3) A direction is authority for an escort officer to transport the full-time
detainee in custody for return to the ACT.
(4) The full-time detainee must be held in custody by an escort officer,
or in detention at a correctional centre, until released from
imprisonment under this Act or another territory law or returned to a
NSW correctional centre.
Full-time detention in NSW Part 4.3
(5) If the full-time detainee is not released, the director-general’s
direction is also authority for an escort officer to return the detainee
to a NSW correctional centre.
(6) If the full-time detainee is returned to a NSW correctional centre
under subsection (5), the detainee must be dealt with as if the detainee
had not been returned to the ACT.
(7) To remove any doubt, this section does not apply if the full-time
detainee is transferred to New South Wales under part 11.1 (Interstate
transfer of prisoners).
release includes—
(a) release under part 7.3 (Release under parole order); and
(b) release under chapter 13 (Release on licence, remission and
pardon), whether by release on licence or because of a remission
or pardon.