20Return of prisoner to participating State if no sentence or shorter sentence in New South Wales

20 Return of prisoner to participating State if no sentence or shorter sentence in New South Wales

20 Return of prisoner to participating State if no sentence or shorter sentence in New South Wales

Where—

(a) a person is transferred to New South Wales from a participating State or a Territory pursuant to an order issued under the provision of the interstate law of that participating State that corresponds to section 15 or 16 (6), or under Part III of the Transfer of Prisoners Act 1983 of the Commonwealth, or both,

(b) so far as the Minister is aware, every complaint or information alleging any offence by the person against the law of New South Wales or the Commonwealth has been finally dealt with according to law and as a result—

(i) the person did not become liable to serve any sentence of imprisonment in New South Wales, or

(ii) the person did become liable to serve in New South Wales one or more sentences of imprisonment under which the period of imprisonment remaining to be served is shorter than the period of imprisonment remaining to be served by the person under any translated sentence or translated sentences or any sentence of imprisonment that has been imposed upon the person for any other offence against a law of the Commonwealth or a Territory, and

(c) the person is either a State prisoner or a joint prisoner,

the Minister shall, subject to section 23, issue an order for the transfer of the person to the participating State or to the Territory, as the case may require.

s 20: Subst 1986 No 187, Sch 1 (11).