39Attendance of prisoner before Commission

#### 39 Attendance of prisoner before Commission 39 Attendance of prisoner before Commission > > (1) If a Commissioner requires the attendance at a compulsory examination or public inquiry before the Commission of a prisoner, the Commissioner may, by order in writing served on the governor of the prison in whose custody the prisoner is, direct the governor to produce the prisoner, or have the prisoner produced, at the time and place stated in the order. > > > (2) Such an order is sufficient authority to the governor of the prison for producing or having produced the prisoner, who shall be produced accordingly. > > > (3) A prisoner shall, when produced under this section in the actual custody of the governor of the prison, a prison officer or a member of the NSW Police Force, be taken to be in lawful custody. > > > (4) The governor, prison officer or member of the NSW Police Force shall in due course return the prisoner to the prison. > > > (5) In this section, governor of a prison, prison and prisoner have the same meanings as governor, correctional centre and inmate have in the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093). > > **s 39:** Am 1999 No 94, Sch 4.30 \[2\]; 2005 No 10, Sch 1 \[20\]; 2011 No 62, Sch 3.14 \[1\]; 2016 No 65, Sch 1 \[3\].