31Lawful custody for transit through New South Wales

31 Lawful custody for transit through New South Wales

31 Lawful custody for transit through New South Wales

(1) Where, in relation to a person imprisoned in a participating State or a Territory, an order is made under an interstate law or under the Transfer of Prisoners Act 1983 of the Commonwealth, or both, for the transfer of that person to a participating State or a Territory and in the course of conveying the person to the participating State or Territory pursuant to the order an escort brings the person into New South Wales, then—

(a) while in New South Wales the escort is authorised to hold, take and keep custody of the person for the purpose of conveying the person within New South Wales in accordance with the order, and

(b) any gaoler is authorised upon—

(i) the request of the escort, and

(ii) delivery to the gaoler by the escort of a copy of the order of transfer certified by the escort to be such a copy,

to receive the person and to detain the person in custody as though the person were a State prisoner for such time as the escort requests and is reasonably necessary for the purpose of executing the order.

(2) Where a gaoler has the custody of a person under subsection (1) (b), the gaoler is authorised, upon the request of an escort and production by the escort of the order of transfer relating to the person, to deliver the person into the custody of the escort.

s 31: Am 1986 No 187, Sch 1 (18); 2012 No 79, Sch 3 [3].