Note
In order to give effect to the Cross-border Justice Act 2009, this law must be
applied with the modifications mentioned in section 13 of the Cross-border
Justice Act 2009 as if this law had been altered in that way.
For modifications of this law prescribed by regulation, see Part 3, Division 13
of the Cross-border Justice Regulations 2009.
NORTHERN TERRITORY OF AUSTRALIA
PRISONERS (INTERSTATE TRANSFER) ACT 1983
As in force at 21 April 2023
Table of provisions
Part I Preliminary
1 Short title ......................................................................................... 1
2 Commencement .............................................................................. 1
3 Interpretation ................................................................................... 1
4 Corresponding courts and interstate laws ....................................... 5
4B Jurisdiction of Local Court ............................................................... 5
Part II Transfer at request of prisoner
5 Requests for, and orders of, transfer ............................................... 6
6 Effect of orders under this part on joint prisoners ............................ 8
7 Repeated requests for transfer ........................................................ 8
8 Receipt of request for transfer to the Territory ................................. 8
9 Reports ............................................................................................ 8
9A Matters the Minister may have regard to ......................................... 9
Part III Transfer for trial
10 Request for transfer of prisoner to participating State or
another Territory .............................................................................. 9
11 Necessary consents ...................................................................... 10
12 Prisoner to be brought before Local Court ..................................... 11
13 Order of transfer ............................................................................ 11
14 Review of decision of Local Court ................................................. 11
14A Effect of orders under this part on joint prisoners .......................... 12
15 Prisoner brought to be returned to custody.................................... 12
16 Request for transfer of imprisoned person to the Territory ............ 13
17 Request for transfer to the Territory by imprisoned person ........... 13
Prisoners (Interstate Transfer) Act 1983 ii
Part IV Transfer back to original State or Territory
18 Return of prisoner if no sentence or shorter sentence in the
Territory ......................................................................................... 13
19 Effect of orders under this Part on joint prisoners .......................... 14
21 Provisions ancillary to section 18................................................... 15
Part V Effect of order of transfer
22 Transfer in custody of escort ......................................................... 17
23 Transfer of sentence with prisoner ................................................ 17
24 Information to be sent to participating State .................................. 18
25 Sentence deemed to have been imposed in the Territory ............. 19
26 Provisions relating to translated sentences ................................... 19
27 Translated sentences – default imprisonment ............................... 21
Part VI Miscellaneous
28 Notification to prisoners of certain decisions.................................. 22
29 Lawful custody for transit through the Territory.............................. 22
30 Escape from custody of person being transferred ......................... 22
31 Escape from custody – penalty...................................................... 24
32 Revocation of order of transfer on escape from custody ............... 24
33 Regulations.................................................................................... 25
ENDNOTES
PRISONERS (INTERSTATE TRANSFER) ACT 1983
An Act relating to the transfer between the Territory and a State or
another Territory of the Commonwealth of prisoners
Part I Preliminary
1 Short title
This Act may be cited as the Prisoners (Interstate Transfer)
Act 1983.
2 Commencement
This Act shall come into operation on a date to be fixed by the
Administrator by notice in the Gazette.
3 Interpretation
(1) In this Act:
another Territory and other Territory mean the Jervis Bay
Territory, the Territory of Norfolk Island, the Territory of Christmas
Island, the Territory of Cocos (Keeling) Islands or any prescribed
external Territory to which the provisions of the Transfer of
Prisoners Act 1983 of the Commonwealth have been extended.
arrest warrant means a warrant to apprehend, a warrant to arrest
or a warrant to commit a person to prison, but does not include:
(a) such a warrant, where the term of imprisonment which the
person to be apprehended, arrested or committed under the
warrant is liable to serve is default imprisonment; or
(b) a warrant to secure the attendance of a witness.
Attorney-General, in relation to a participating State, means the
person who is designated for the time being as holder of the office
of Attorney-General for that State.
Part I Preliminary
Prisoners (Interstate Transfer) Act 1983 2
Commonwealth sentence of imprisonment means a sentence of
imprisonment for an offence against a law of the Commonwealth or
of another Territory.
corresponding court of the Territory, in relation to a court of a
participating State, means a court of the Territory that is, under an
order in force under section 4(1), declared to be a corresponding
court in relation to the court of the participating State.
corresponding Minister, in relation to a participating State, means
the Minister of the Crown of that State charged for the time being
with the administration of the interstate law of that State.
default imprisonment means imprisonment in default of:
(a) payment of any fine, penalty, costs or other amount of money
of any kind imposed or ordered to be paid by a court on the
finding of guilt of a person for an offence; or
(b) entering into a recognizance to keep the peace or to be of
good behaviour.
indeterminate sentence means a sentence of or order or direction
for imprisonment or detention for life or during the pleasure of the
Sovereign or during the pleasure of the Governor-General, the
Administrator or the Governor of a participating State, and includes
such a sentence, order or direction imposed, made or given by, or
by the operation of, an Act or other law.
interstate law means a law that, under a declaration in force under
section 4(1), is declared to be an interstate law for the purposes of
this Act.
joint prisoner means a person upon whom both:
(a) a Territory sentence of imprisonment (as defined by this Act)
or a State sentence of imprisonment (as defined by an
interstate law); and
(b) a Commonwealth sentence of imprisonment,
have been imposed.
order of transfer means an order issued under section 5, 13, 14(6)
or 18 for the transfer of a prisoner to a participating State.
participating State means a State of the Commonwealth in which
there is in force an interstate law.
Part I Preliminary
Prisoners (Interstate Transfer) Act 1983 3
prison means:
(a) in the Territory – a custodial correctional facility (as defined in
section 11(1)(a) of the Correctional Services Act 2014); or
(b) in a participating State or another Territory – a prison or other
correctional facility (however described).
prison officer means:
(a) in the Territory – a correctional services officer (as defined in
section 16 of the Correctional Services Act 2014); or
(b) in a participating State or another Territory – a prison officer
(however described).
prisoner means a Territory prisoner or a joint prisoner.
relevant security, in relation to a person, means a security given
by the person, with or without sureties, by recognizance or
otherwise, that the person will comply with conditions relating to the
person's behaviour.
sentence of imprisonment means a Territory sentence of
imprisonment as defined by this Act or a State sentence of
imprisonment as defined by an interstate law, and includes (where
relevant) a Commonwealth sentence of imprisonment.
State includes the Australian Capital Territory.
Territory prisoner means a person upon whom a Territory
sentence of imprisonment has been imposed, but does not include
a person upon whom a Commonwealth sentence of imprisonment
has been imposed.
Territory sentence of imprisonment means a sentence of
imprisonment for an offence against a law of the Territory, including
a sentence of penal servitude, a sentence by which default
imprisonment is ordered, an indeterminate sentence and a
translated sentence, but does not include a sentence of
imprisonment imposed under the Youth Justice Act 2005 or
detention in a detention centre within the meaning of that Act.
translated sentence means a sentence of imprisonment deemed
by section 25 to have been imposed on a person by a court of the
Territory.
Note for subsection (1)
The Interpretation Act 1978 contains definitions and other provisions that may be
relevant to this Act.
Part I Preliminary
Prisoners (Interstate Transfer) Act 1983 4
(2) Where a justice of the peace of a participating State, in the exercise
of the justice's powers, issues a warrant of commitment while not
constituting a court, the sentence of imprisonment imposed by the
warrant shall, for the purposes of this Act, be deemed to have been
imposed by a court.
(3) For the purposes of this Act, a sentence of imprisonment imposed,
or originally imposed, by, or by the operation of, an Act or other law
of the Territory, a State or another Territory shall, except as
prescribed by regulations under this Act, be deemed to have been
imposed, or originally imposed, by a court of the Territory or, as the
case may be, of that State or other Territory.
(4) A reference in this Act to an Act of the Commonwealth includes a
reference to an Act amending or replacing that Act.
(5) A reference in this Act to the Governor-General or Governor of a
participating State includes a reference to any person exercising
and performing all the powers and functions of the Governor-
General or Governor of that State, as the case may be.
(5A) In relation to the Australian Capital Territory, the reference to the
Governor of a participating State:
(a) in section 26(4) is a reference to the Governor-General; and
(b) in section 26(5)(b) is a reference to the Governor-General or
the Executive within the meaning of the Australian Capital
Territory (Self-Government) Act 1988 of the Commonwealth.
(6) A reference in this Act to a person upon whom a sentence of
imprisonment has been imposed does not include a reference to a
person who has completed serving that sentence.
(7) The following persons upon whom a sentence of imprisonment has
been imposed shall be taken, for the purposes of this Act, to have
completed serving that sentence:
(a) a person:
(i) who has been released from serving a part of that
sentence on parole or upon licence to be at large; and
(ii) in respect of whom action can no longer be taken under
a law of the Commonwealth, the Territory, a State or
another Territory by way of requiring the person to serve
the whole or a part of the remainder of that sentence;
Part I Preliminary
Prisoners (Interstate Transfer) Act 1983 5
(b) a person:
(i) who has been released from serving the whole or a part
of that sentence upon giving a relevant security; and
(ii) in relation to whom:
(A) action can no longer be taken under a law of the
Commonwealth, the Territory, a State or another
Territory in respect of a breach of a condition of
that security; or
(B) action cannot, by reason of the expiration of the
security, be taken under any such law by way of
requiring the person to serve the whole or a part of
that sentence;
(c) a person who, as the result of the exercise of the royal
prerogative of mercy, is no longer required to serve the whole
or a part of that sentence.
(8) A reference in this Act to release on parole includes a reference to
release on probation and to any other form of conditional release in
the nature of parole.
4 Corresponding courts and interstate laws
(1) Subject to subsection (2), the Administrator may, by notice in the
Gazette, declare that:
(a) a law of a State is an interstate law for the purposes of this
Act; and
(b) a specified court of the Territory or a court belonging to a
specified class or description of courts of the Territory is, for
the purposes of this Act, a corresponding court in relation to a
specified court of a participating State or in relation to a court
belonging to a specified class or description of courts of a
participating State.
(2) A declaration shall not be made under subsection (1) in respect of a
law unless the Administrator is satisfied that that law substantially
corresponds to the provisions of this Act and contains provisions
that are referred to in this Act as provisions of an interstate law that
correspond to specified provisions of this Act.
4B Jurisdiction of Local Court
(1) The jurisdiction conferred on the Local Court under this Act is part
of the Court's criminal jurisdiction.
Part II Transfer at request of prisoner
Prisoners (Interstate Transfer) Act 1983 6
(2) For exercising its jurisdiction under this Act the Court must be
constituted by a Local Court Judge.
Part II Transfer at request of prisoner
5 Requests for, and orders of, transfer
(1) Where the Minister:
(a) receives a written request made by a Territory prisoner
serving a sentence of imprisonment in the Territory for the
transfer of the prisoner to a participating State or to another
Territory; and
(b) is of the opinion that the prisoner to whom the request relates
should be transferred to the participating State or other
Territory;
the Minister shall:
(c) where the request is for the transfer of the prisoner to a
participating State – give to the corresponding Minister of the
participating State a written request asking that Minister to
accept the transfer of the prisoner to the participating State;
and
(d) where the request is for the transfer of the prisoner to another
Territory – give to the Attorney-General of the Commonwealth
a written request asking the Attorney-General of the
Commonwealth to consent to that transfer.
(2) Where the Minister:
(a) has:
(i) in respect of a request made by a Territory prisoner for a
transfer to a participating State, given to the
corresponding Minister of the participating State a
written request under subsection (1)(c); and
(ii) received from that Minister written notice of consent to
the transfer of the prisoner to the participating State; or
(b) has:
(i) in respect of a request made by a Territory prisoner for a
transfer to another Territory, given to the Attorney-
General of the Commonwealth a written request under
subsection (1)(d); and
Part II Transfer at request of prisoner
Prisoners (Interstate Transfer) Act 1983 7
(ii) received from the Attorney-General of the
Commonwealth written notice of consent to the transfer
of the prisoner to that other Territory;
the Minister may issue an order for the transfer of the prisoner to
the participating State or other Territory, as the case may be.
(3) Where the Minister:
(a) receives a written request made by a joint prisoner serving a
sentence of imprisonment in the Territory for the transfer of
the prisoner to a participating State; and
(b) is of the opinion that the prisoner to whom the request relates
should be transferred to the participating State;
the Minister shall give to the corresponding Minister of the
participating State a written request asking that Minister to accept
the transfer of the prisoner to that participating State.
(4) Where the Minister has:
(a) in respect of a request by a joint prisoner for a transfer to a
participating State, given to the corresponding Minister of the
participating State a written request under subsection (3); and
(b) received from that Minister written notice of consent to the
transfer of the prisoner to the participating State;
the Minister may issue an order for the transfer of the prisoner to
the participating State.
(5) Where a joint prisoner is serving a sentence of imprisonment in the
Territory and the Minister:
(a) receives a written request made by the prisoner for the
transfer of the prisoner to another Territory; and
(b) is of the opinion that the prisoner to whom the request relates
should be transferred to that other Territory;
the Minister may issue an order for the transfer of the prisoner to
that other Territory.
(6) A decision to issue, or not to issue, an order under this section is
not reviewable by a court or tribunal.
Part II Transfer at request of prisoner
Prisoners (Interstate Transfer) Act 1983 8
6 Effect of orders under this part on joint prisoners
An order of transfer issued under this Part in relation to a joint
prisoner, to the extent that (but for this section) it authorizes or
requires the doing of an act or thing under this Act in relation to that
person in his or her capacity as a person upon whom a
Commonwealth sentence of imprisonment has been imposed, has
no effect unless and until:
(a) a transfer order corresponding to the order of transfer is in
force in respect of that person under the Transfer of Prisoners
Act 1983 of the Commonwealth; or
(b) the transfer of that person is otherwise authorized under that
Act.
7 Repeated requests for transfer
A request made by a prisoner for his transfer to a participating State
or to another Territory need not be entertained by the Minister if it is
made within 12 months after a similar request made by the
prisoner.
8 Receipt of request for transfer to the Territory
Where the Minister receives a written request given under the
provision of an interstate law that corresponds to section 5, or a
request made for the purposes of Part II of the Transfer of
Prisoners Act 1983 of the Commonwealth, asking the Minister to
accept the transfer of an imprisoned person to the Territory, the
Minister shall either refuse to consent, or consent, to the transfer
and shall give to the corresponding Minister by whom the written
request was given or to the Attorney-General of the
Commonwealth, as the case may be, written notice of the Minister's
refusal or consent.
9 Reports
(1) For the purpose of forming an opinion or exercising a discretion
under this Part, the Minister may inform himself or herself as the
Minister thinks fit and, in particular, by reference to reports of parole
and prison authorities of the Territory and of any participating State.
(2) Reports of parole and prison authorities may be sent to a
corresponding Minister for the purpose of assisting him or her to
form an opinion or to exercise a discretion under the interstate law
administered by him or her.
Part III Transfer for trial
Prisoners (Interstate Transfer) Act 1983 9
9A Matters the Minister may have regard to
In forming an opinion or exercising any discretion under this Part,
the Minister may have regard to one or more of the following:
(a) the welfare of the prisoner concerned;
(b) the administration of justice in the Territory, a participating
State or another Territory;
(c) the security and good order of any prison in the Territory, a
participating State or another Territory;
(d) the safe custody of the prisoner concerned;
(e) the protection of the community in the Territory, a participating
State or another Territory;
(f) any other matter the Minister considers relevant.
Part III Transfer for trial
10 Request for transfer of prisoner to participating State or
another Territory
(1) Where a person the subject of an arrest warrant issued in
accordance with the law of a participating State, the
Commonwealth or another Territory is a prisoner serving a
sentence of imprisonment in the Territory and the Attorney-General
receives:
(a) from:
(i) in the case of an arrest warrant issued in accordance
with the law of a participating State – the Attorney-
General of the participating State; or
(ii) in the case of an arrest warrant issued in accordance
with the law of the Commonwealth or another Territory –
the Attorney-General of the Commonwealth,
a written request, accompanied by a copy of the warrant; or
(b) a written request made by the prisoner to the Minister and
referred to the Attorney-General,
being in any case a request for the transfer of the prisoner to a
participating State or to another Territory to be dealt with according
to law, the Attorney-General shall either refuse to consent, or
Part III Transfer for trial
Prisoners (Interstate Transfer) Act 1983 10
consent, to the transfer and shall give to the Attorney-General of
the participating State, the Attorney-General of the Commonwealth
or to the Minister, as the case may be, written notice of the refusal
or consent.
(2) Where the Minister receives a written request made by a prisoner
for the transfer of the prisoner to a participating State or to another
Territory to be dealt with according to law, the Minister shall, subject
to subsection (3), refer the written request to the Attorney-General.
(3) A request made by a prisoner for transfer to a participating State or
to another Territory need not be referred by the Minister to the
Attorney-General if it is made within 12 months after a similar
request made by the prisoner.
11 Necessary consents
(1) An order of transfer shall be issued under this Part only if:
(a) the Attorney-General has, in writing, consented to the transfer
of the prisoner to whom the order relates to the participating
State or other Territory, as the case may be;
(b) in the case of a request for the transfer of a prisoner to a
participating State (including a prisoner to whom
paragraph (c)(ii) applies) – the Attorney-General of the
participating State has, in writing, either consented to or
requested the transfer; and
(c) in the case of:
(i) a request for the transfer of a prisoner to another
Territory; or
(ii) a request for the transfer of a prisoner for the purpose of
being dealt with in respect of an arrest warrant issued in
accordance with the law of the Commonwealth,
the Attorney-General of the Commonwealth has, in writing,
either consented to or requested the transfer.
(2) A certificate signed by a prescribed officer certifying that a consent
or request required under subsection (1) for the transfer of a
prisoner to a participating State, or to another Territory, specified in
the certificate has been given or made is, in the absence of
evidence to the contrary, proof that the consent or request has
been given or made.
Part III Transfer for trial
Prisoners (Interstate Transfer) Act 1983 11
12 Prisoner to be brought before Local Court
(1) The Local Court, upon proof to its satisfaction that the conditions
precedent specified in section 11(1) have been complied with, shall
by order in writing direct the person in charge of the prison where
the prisoner to whom the certificate relates is then imprisoned to
bring the prisoner before the Local Court at the place specified in
the order, on a date and at a time so specified, for determination as
to whether an order of transfer shall be issued.
(2) Notice of an order made under subsection (1) shall be served on
the Attorney-General and on the prisoner to whom it relates.
(3) At a hearing for the purpose of determining whether an order for the
transfer of a prisoner shall be issued:
(a) the prisoner shall be entitled to be represented by a legal
practitioner; and
(b) the Attorney-General shall be entitled to appear or be
represented.
13 Order of transfer
When the prisoner is brought before it, the Local Court must:
(a) issue an order for the transfer of the prisoner to the
participating State, or to the other Territory, specified in the
certificate issued in accordance with section 11(2) in respect
of the prisoner; or
(b) if the court, on the application of the prisoner, is satisfied that it
would be harsh or oppressive, or not in the interests of justice,
to transfer the prisoner to that participating State or other
Territory, or that the trivial nature of the charge or complaint
against the prisoner does not warrant the transfer, refuse to
issue such an order.
14 Review of decision of Local Court
(1) Where the Attorney-General or the prisoner or any other person
who has requested or consented to the transfer of the prisoner, is
dissatisfied with the decision of the Local Court under section 13,
the Attorney-General, the prisoner or that person, as the case may
be, may, within 14 days after the decision, apply to the Supreme
Court for a review of the decision and the Supreme Court may
review the decision.
(2) The prisoner shall be entitled to be present or be represented by a
legal practitioner at the review referred to in subsection (1) and for
Part III Transfer for trial
Prisoners (Interstate Transfer) Act 1983 12
that purpose any court or a person authorized by the rules of the
Supreme Court may, by order in writing, direct the person in charge
of the prison where the prisoner is then imprisoned to bring the
prisoner to the place of the review specified in the order on a date
and at a time so specified.
(3) The Attorney-General and any other person who has requested or
consented to the transfer of the prisoner shall be entitled to appear
or be represented at the review referred to in subsection (1).
(4) The review of the decision under section 13 shall be by way of
rehearing on the evidence, if any, given before the Local Court and
on any evidence in addition to the evidence so given.
(5) Upon the review of a decision under section 13, the Supreme Court
may confirm the decision or quash the decision and substitute a
new decision in its stead.
(6) For the purpose of giving effect to a substituted decision made
under subsection (5), the Supreme Court may issue an order for the
transfer of the prisoner to the appropriate participating State or
other Territory.
14A Effect of orders under this part on joint prisoners
An order of transfer issued under this Part in relation to a joint
prisoner, to the extent that (but for this section) it authorizes or
requires the doing of an act or thing under this Act in relation to that
person in his or her capacity as a person upon whom a
Commonwealth sentence of imprisonment has been imposed, has
no effect unless and until:
(a) a transfer order corresponding to the order of transfer is in
force in respect of that person under the Transfer of Prisoners
Act 1983 of the Commonwealth; or
(b) the transfer of that person is otherwise authorized under that
Act.
15 Prisoner brought to be returned to custody
Where an order is made under section 12(1) or 14(2):
(a) the Commissioner of Correctional Services must execute the
order or may charge a prison officer with the execution of the
order; and
(b) the prisoner must, while the order is being executed, be kept
in the custody of the Commissioner of Correctional Services,
prison officer or member of the Police Force acting under or in
Part IV Transfer back to original State or Territory
Prisoners (Interstate Transfer) Act 1983 13
execution of the order, who must in due course return the
prisoner to the custody from which he has been brought.
16 Request for transfer of imprisoned person to the Territory
Where a person who is the subject of an arrest warrant issued in
accordance with a law of the Territory is imprisoned in a
participating State, the Attorney-General may give to the Attorney-
General of the participating State a written request, accompanied
by a copy of the warrant, for the transfer of the person to the
Territory to be dealt with according to law.
17 Request for transfer to the Territory by imprisoned person
Where:
(a) a person is imprisoned in a participating State;
(b) the person is the subject of an arrest warrant issued in
accordance with a law of the Territory; and
(c) the Attorney-General of the participating State has given a
notice, in writing, to the Attorney-General that he or she has
consented to a request made by the person to be transferred
to the Territory to enable the person to be dealt with according
to law,
the Attorney-General shall either refuse to consent, or consent, to
the transfer and shall give to the Attorney-General of the
participating State notice, in writing, of the refusal or consent.
Part IV Transfer back to original State or Territory
18 Return of prisoner if no sentence or shorter sentence in the
Territory
Where:
(a) a person is transferred to the Territory from a participating
State or another Territory pursuant to an order issued under
the provision of the interstate law of that participating State
that corresponds to section 13 or 14(6) or under Part III of the
Transfer of Prisoners Act 1983 of the Commonwealth, or both;
Part IV Transfer back to original State or Territory
Prisoners (Interstate Transfer) Act 1983 14
(b) so far as the Minister is aware, every complaint or information
alleging any offence by the person against the law of the
Territory 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 the Territory; or
(ii) the person did become liable to serve in the Territory
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 another
Territory; and
(c) the person is either a Territory prisoner or a joint prisoner,
the Minister shall, subject to section 21, issue an order for the
transfer of the person to the participating State or to the other
Territory, as the case may require.
19 Effect of orders under this Part on joint prisoners
An order of transfer issued under this Part in relation to a joint
prisoner, to the extent that (but for this section) it authorizes or
requires the doing of an act or thing under this Act in relation to that
person in his or her capacity as a person upon whom a
Commonwealth sentence of imprisonment has been imposed, has
no effect unless and until:
(a) a transfer order corresponding to the order of transfer is in
force in respect of that person under the Transfer of Prisoners
Act 1983 of the Commonwealth; or
(b) the transfer of that person is otherwise authorized under that
Act.
Part IV Transfer back to original State or Territory
Prisoners (Interstate Transfer) Act 1983 15
21 Provisions ancillary to section 18
(1) Section 18 does not apply in respect of a person if:
(a) the Minister receives a written request made by the person,
being a request for the person to serve the person's
imprisonment in the Territory, and the Minister and:
(i) in the case of a person transferred from a participating
State (being a person who is a Territory prisoner) – the
corresponding Minister of the participating State;
(ii) in the case of a person transferred from a participating
State (being a person who is a joint prisoner) – the
corresponding Minister of the participating State and the
Attorney-General of the Commonwealth; or
(iii) in the case of a person transferred from another Territory
(being a person who is a joint prisoner) – the Attorney-
General of the Commonwealth,
agree in writing that the person should serve the imprisonment
in the Territory; or
(b) an indeterminate sentence (not being a translated sentence) is
imposed upon the person by a court of the Territory.
(1A) In making a decision for subsection (1)(a), the Minister may have
regard to one or more of the following:
(a) the welfare of the person;
(b) the administration of justice in the Territory, a participating
State or another Territory;
(c) the security and good order of any prison in the Territory, a
participating State or another Territory;
(d) the safe custody of the person;
(e) the protection of the community in the Territory, a participating
State or another Territory;
(f) any other matter the Minister considers relevant.
Part IV Transfer back to original State or Territory
Prisoners (Interstate Transfer) Act 1983 16
(2) For the purposes of section 18, a complaint or information alleging
an offence by a person is finally dealt with if:
(a) the person is tried for the offence and:
(i) the time or extended time, if any, fixed by or under an
Act, within which an appeal against, or an application for
the review of, the decision given on the trial may be
lodged, or within which a retrial may be ordered, has
expired; and
(ii) any appeal or application for review in respect of the
decision given on the trial has been determined or
withdrawn and proceedings in respect of any retrial and
any decision given on the retrial have been concluded;
or
(b) the complaint or information is withdrawn or a nolle prosequi
or similar instrument is filed in respect of the offence.
(3) For the purpose of determining which of the periods referred to in
section 18(b) is the shorter or longer:
(b) a finite period of imprisonment shall be treated as being
shorter than a period to be served under an indeterminate
sentence;
(c) the expression sentences of imprisonment in
section 18(b)(ii) includes a translated sentence that was
originally imposed by a court of the Territory;
(d) the expression translated sentence or translated sentences
in section 18(b)(ii) does not include a translated sentence that
was originally imposed by a court of the Territory; and
(e) where a Territory sentence of imprisonment which a person
became liable to serve in the Territory (not being a translated
sentence) is cumulative with a translated sentence or
translated sentences originally imposed by a court other than
a court of the Territory, that translated sentence or those
translated sentences shall be deemed:
(i) not to be a translated sentence or translated sentences,
as the case may be; and
(ii) to be a sentence or sentences, as the case may be,
which the person is liable to serve in the Territory.
Part V Effect of order of transfer
Prisoners (Interstate Transfer) Act 1983 17
Part V Effect of order of transfer
22 Transfer in custody of escort
(1) An order of transfer:
(a) must direct the Commissioner of Correctional Services to
deliver the prisoner who is the subject of the order into the
custody of an escort and is sufficient authority to the
Commissioner so to deliver the prisoner; and
(b) authorises the escort to hold, take and keep custody of the
prisoner for the purpose of conveying the prisoner from the
Territory to such prison in a participating State or another
Territory as is specified in the order and there to deliver the
prisoner into the custody of the person in charge of that
prison.
(2) A reference in subsection (1) to an escort is a reference to a prison
officer, a member of the Police Force or a person appointed by the
Minister by an instrument in writing to be an escort for the purposes
of this Act, or any 2 or more of them.
(3) Where:
(a) under an interstate law or under the Transfer of Prisoners
Act 1983 of the Commonwealth, or both, an order is issued for
the transfer to the Territory of a person imprisoned in a
participating State or another Territory; and
(b) pursuant to the order an escort brings the person into the
Territory,
the escort, while in the Territory, is authorized to hold, take and
keep custody of the person for the purpose of conveying the person
to such prison in the Territory as is specified in the order and there
to deliver the person into the custody of the Commissioner of
Correctional Services.
23 Transfer of sentence with prisoner
(1) Where pursuant to an order of transfer a prisoner is conveyed to a
participating State or another Territory specified in the order, then
from the time the prisoner arrives in the participating State or that
other Territory every Territory sentence of imprisonment imposed
upon the prisoner, including a translated sentence, ceases to have
effect in the Territory except:
Part V Effect of order of transfer
Prisoners (Interstate Transfer) Act 1983 18
(a) for the purpose of an appeal against or review of a conviction,
finding of guilt, judgment or sentence made, imposed or fixed
by a court of the Territory;
(b) in relation to a period of imprisonment served by the prisoner
in the Territory; or
(c) in relation to the remittance of money to the Minister which is
paid in discharge or partial discharge of a sentence of default
imprisonment originally imposed upon the prisoner by a court
of the Territory.
(2) Subsection (1) does not apply to a sentence of imprisonment
imposed upon a person where the person has completed serving
that sentence.
24 Information to be sent to participating State
(1) Where pursuant to an order of transfer a prisoner is conveyed to a
participating State, the Minister shall cause to be sent to the
corresponding Minister of the participating State or to some person
for the time being designated by the corresponding Minister:
(a) the order of transfer;
(b) the warrant of, or other authority for, commitment for a
sentence of imprisonment which the prisoner was,
immediately before he or she left the Territory, serving or
liable to serve;
(c) a report relating to the prisoner, which shall contain such
information and be accompanied by such documents available
in the Territory as appear likely to be of assistance to a court,
authority or officer in the participating State and shall include
details of findings of guilt, sentences of imprisonment,
minimum terms of imprisonment, periods of imprisonment
served, entitlements to grants of parole and a copy of any
record relating to the prisoner's conduct; and
(d) details, accompanied by relevant orders or other documents,
of any subsequent variations to the information provided in
accordance with this subsection, whether arising from an
appeal or review or otherwise.
(2) A reference in subsection (1) to an order or other document is a
reference to either the original or a copy certified in the prescribed
manner.
Part V Effect of order of transfer
Prisoners (Interstate Transfer) Act 1983 19
25 Sentence deemed to have been imposed in the Territory
(1) Where under an interstate law an order is issued for the transfer to
the Territory of a person imprisoned in a participating State and the
person is brought into the Territory pursuant to the order, then from
the time the person arrives in the Territory:
(a) any State sentence of imprisonment (as defined in the
interstate law of the participating State) imposed upon the
person by a court of the participating State and any sentence
of imprisonment deemed by the provision of an interstate law
that corresponds to this section to have been imposed by a
court of the participating State shall be deemed to have been
imposed upon the person; and
(b) a direction or order given or made by a court of the
participating State in relation to when any such State sentence
of imprisonment shall commence shall, so far as practicable,
be deemed to have been given or made,
by a corresponding court of the Territory and, except as otherwise
provided in this Act, shall be given effect to in the Territory, and the
laws of the Territory shall apply, as if such a court had had power to
impose the sentence and give or make the direction or order, if any,
and did in fact impose the sentence and give or make the direction
or order, if any.
(2) Subsection (1) does not apply to or in respect of a sentence of
imprisonment imposed upon a person where the person has
completed serving that sentence.
26 Provisions relating to translated sentences
(1) Where under a law of a participating State there has been fixed by
a court in respect of a translated sentence a minimum term of
imprisonment (being a shorter term than the translated sentence),
during which minimum term the person subject to the sentence is
not eligible to be released on parole, then, except as otherwise
provided in this Act, that minimum term shall be deemed likewise to
have been fixed by the corresponding court of the Territory.
(2) Where a translated sentence or a minimum term deemed under
subsection (1) to have been fixed by a corresponding court of the
Territory:
(a) is varied or quashed on a review by or appeal to a court of the
participating State where the sentence or minimum term was
imposed or fixed, the sentence or minimum term shall be
deemed to have been varied to the same extent, or to have
been quashed, by a corresponding court of the Territory; or
Part V Effect of order of transfer
Prisoners (Interstate Transfer) Act 1983 20
(b) otherwise is varied or ceases to have effect as a result of
action taken by a person or authority in that participating
State, the sentence shall be deemed to have been varied to
the same extent, or to have ceased to have effect, as a result
of action taken by an appropriate person or authority in the
Territory.
(3) Nothing in this Act operates to permit in the Territory an appeal
against or review of a conviction, finding of guilt, judgment,
sentence or minimum term made, imposed or fixed in relation to a
person by a court of a participating State.
(4) Where a translated sentence is an indeterminate sentence requiring
that the person who is the subject of the sentence be detained
during the pleasure of the Sovereign or during the pleasure of the
Governor of the participating State in which the sentence was
imposed, the person shall be detained during the Administrator's
pleasure.
(5) The Administrator:
(a) may exercise the royal prerogative of mercy in favour of a
person who is subject to a translated sentence as if the person
were:
(i) an offender found guilty in a court of the Territory; or
(ii) an offender found guilty within the Territory before a
judge of the Territory; and
(b) in exercising that prerogative, may give effect to any indication
given by the Governor of the participating State in which the
sentence of imprisonment was imposed upon that person as
to what the Governor of the participating State may have done
had the person not been transferred to the Territory.
(6) A person who is subject to a translated sentence and who, prior to
being transferred to the Territory, served a period of the translated
sentence in a participating State (including a period deemed to
have been served in a participating State under the provision of an
interstate law that corresponds to this subsection and a period
spent in custody while being transferred to a prison in the Territory)
is deemed to have served that period of the translated sentence in
the Territory.
(8) Subsection (5) does not apply in relation to a conviction or
transferred sentence referred to in section 24(2)(a) or (b) of the
Transfer of Prisoners Act 1983 of the Commonwealth, but nothing
in this subsection shall be construed as preventing the Sovereign or
the Administrator from exercising the royal prerogative of mercy as
Part V Effect of order of transfer
Prisoners (Interstate Transfer) Act 1983 21
referred to in section 24(2) of that Act.
27 Translated sentences – default imprisonment
(1) Where a translated sentence is a sentence by which default
imprisonment was ordered and a portion of the amount in default of
payment of which the default imprisonment was ordered is paid by
or on behalf of the prisoner who is the subject of the sentence to
the Commissioner of Correctional Services:
(a) the term of default imprisonment shall be reduced by a period
which bears to the term of default imprisonment the same
proportion as the portion paid bears to the total amount that
was payable and, subject to any other sentence of
imprisonment, the prisoner shall be entitled to be released on
the expiry of the reduced period; and
(b) the portion so paid shall be remitted by the Commissioner to
the corresponding Minister of the participating State where the
sentence, by which default imprisonment was ordered, was
originally imposed.
(2) Where a translated sentence is a sentence by which default
imprisonment was ordered and, on a review by or an appeal to a
court of the participating State where the sentence was imposed or
as a result of any other action taken by a person or authority in that
participating State, the amount in default of payment of which the
default imprisonment was ordered is reduced or the obligation to
pay that amount is quashed:
(a) the term of default imprisonment shall, where the amount is
reduced, be reduced by a period which bears to the term of
default imprisonment the same proportion as the amount of
the reduction bears to the total amount that was payable and,
subject to any other sentence of imprisonment that may be
imposed on him or her, the prisoner shall be entitled to be
released on the expiry of that reduced period; or
(b) the prisoner shall, where the obligation to pay the amount is
quashed, thereupon, subject to any other sentence of
imprisonment that may be imposed on him or her, be entitled
to be released.
Part VI Miscellaneous
Prisoners (Interstate Transfer) Act 1983 22
Part VI Miscellaneous
28 Notification to prisoners of certain decisions
The Attorney-General shall, when he or she makes a decision in
respect of a prisoner for the purposes of this Act, advise that
prisoner of that decision.
29 Lawful custody for transit through the Territory
(1) Where, in relation to a person imprisoned in a participating State, or
in another 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
another Territory, and in the course of conveying the person to the
participating State or other Territory pursuant to the order an escort
brings the person into the Territory, then:
(a) while in the Territory, the escort is authorized to hold, take and
keep custody of the person for the purpose of conveying the
person from the Territory to such prison in the participating
State or other Territory as is specified in the order and there to
deliver the person into the custody of the person in charge of
the prison; and
(b) the Commissioner is authorised upon:
(i) the request of the escort; and
(ii) delivery to the Commissioner 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 him or her in custody as
though the person were a Territory prisoner for such time as
the escort requests and is reasonably necessary for the
purpose of executing the order.
(2) Where the Commissioner has the custody of a person under
subsection (1)(b), the Commissioner 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.
30 Escape from custody of person being transferred
(1) A person in the custody of an escort pursuant to section 29 who
escapes from that custody may be apprehended without warrant by
the escort, a member of the Police Force or any other person.
Part VI Miscellaneous
Prisoners (Interstate Transfer) Act 1983 23
(2) Where a person in custody pursuant to section 29:
(a) has escaped and been apprehended; or
(b) has attempted to escape,
that person may be taken before the Local Court who may,
notwithstanding the terms of the order of transfer issued under the
interstate law, by warrant signed by the Local Court:
(c) order the person to be returned to the participating State in
which the order of transfer under which that person was being
conveyed at the time of the escape or attempt to escape was
issued; and
(d) for that purpose, order the person to be delivered to an escort.
(2A) Subsections (1) and (2) do not apply to a person to whom
section 47 of the Crimes Act 1914 of the Commonwealth applies by
virtue of section 26(2) of the Transfer of Prisoners Act 1983 of the
Commonwealth.
(3) A warrant issued under subsection (2) may be executed according
to its tenor.
(4) A person who is the subject of a warrant issued under
subsection (2) may be detained in custody as a Territory prisoner
until the person is delivered into the custody of an escort in
accordance with that warrant or until the expiration of a period of
7 days from the issuing of the warrant, whichever first occurs.
(5) If a person who is the subject of a warrant issued under
subsection (2) is not, in accordance with the warrant, delivered into
the custody of an escort within a period of 7 days from the issuing
of the warrant, the warrant shall have no further effect.
(6) A reference in subsection (2), (4) or (5) to an escort in relation to a
person who was, at the time of his escape or attempt to escape,
being conveyed under an order of transfer issued in a participating
State is a reference to:
(a) the escort who had the custody of that person pursuant to that
order;
(b) a prison officer or a member of the Police Force of the
participating State; or
Part VI Miscellaneous
Prisoners (Interstate Transfer) Act 1983 24
(c) a person appointed by the corresponding Minister of the
participating State, by an instrument in writing, to be an escort
for the purpose of conveying that person to the participating
State,
or any 2 or more of them.
31 Escape from custody – penalty
(1) A person who, being a person in custody under an order of transfer,
escapes or attempts to escape from that custody while he or she is
not within the Territory or the participating State or other Territory to
which he or she was being conveyed under that order is guilty of an
offence.
Maximum penalty: Imprisonment for 7 years.
(2) A term of imprisonment imposed on a person for an offence against
subsection (1) shall be served after the expiration of a term of
imprisonment, penal servitude or detention to which the person was
subject at the time of his or her escape or attempt to escape.
(4) Subsections (1) and (2) do not apply to a person to whom
section 47 of the Crimes Act 1914 of the Commonwealth applies by
virtue of section 26(1) or (2) of the Transfer of Prisoners Act 1983 of
the Commonwealth.
32 Revocation of order of transfer on escape from custody
The Local Court may revoke an order of transfer if it appears to the
court, on application made to it under this section by the holder of a
prescribed office or position or by a person who belongs to a
prescribed class of persons, that the person in respect of whom the
order was issued has, while being conveyed in accordance with
that order, committed:
(a) the offence of escaping or attempting to escape; or
(b) any other offence,
whether or not:
(c) the offence was an offence against a law of the Territory, the
Commonwealth, a participating State or another Territory; or
(d) a charge has been laid or a finding of guilt secured in respect
of the offence.
Part VI Miscellaneous
Prisoners (Interstate Transfer) Act 1983 25
33 Regulations
The Administrator may make regulations, not inconsistent with this
Act, prescribing all matters required or permitted by this Act to be
prescribed, or necessary or convenient to be prescribed for carrying
out or giving effect to this Act.
ENDNOTES
Prisoners (Interstate Transfer) Act 1983 26
ENDNOTES
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Prisoners (Interstate Transfer) Act 1983 (Act No. 7, 1983)
Assent date 27 April 1983
Commenced 21 September 1984 (Gaz S50, 21 September 1984)
Prisoners (Interstate Transfer) Amendment Act 1989 (Act No. 9, 1989)
Assent date 28 March 1989
Commenced 12 February 1992 (Gaz G6, 12 February 1992, p 3)
Sentencing (Consequential Amendments) Act 1996 (Act No. 17, 1996)
Assent date 19 April 1996
Commenced s 7: 19 April 1996; rem: 1 July 1996 (s 2, s 2 Sentencing
Act 1995 (Act No. 39, 1995) and Gaz S15, 13 June 1996)
Prisoners (Interstate Transfer) Amendment Act 1997 (Act No. 10, 1997)
Assent date 26 March 1997
Commenced 26 March 1997
Youth Justice (Consequential Amendments) Act 2005 (Act No. 33, 2005)
Assent date 22 September 2005
Commenced 1 August 2006 (s 2, s 2 Youth Justice Act 2005 (Act No. 32,
2005) and Gaz G30, 26 July 2006, p 3)
Statute Law Revision Act 2007 (Act No. 4, 2007)
Assent date 8 March 2007
Commenced 8 March 2007
Prisoners (Interstate Transfer) Amendment Act 2009 (Act No. 31, 2009)
Assent date 11 November 2009
Commenced 23 December 2009 (Gaz G51, 23 December 2009, p 2)
Justice Legislation Amendment (Penalties) Act 2010 (Act No. 12, 2010)
Assent date 20 May 2010
Commenced 1 July 2010 (Gaz G24, 16 June 2010, p 2)
ENDNOTES
Prisoners (Interstate Transfer) Act 1983 27
Correctional Services (Related and Consequential Amendments) Act 2014 (Act No. 27,
2014)
Assent date 4 September 2014
Commenced 9 September 2014 (Gaz S80, 9 September 2014, p 2)
Local Court (Repeals and Related Amendments) Act 2016 (Act No. 9, 2016)
Assent date 6 April 2016
Commenced 1 May 2016 (Gaz S34, 29 April 2016)
Statute Law Amendment (Succession of the Crown) Act 2023 (Act No. 10, 2023)
Assent date 20 April 2023
Commenced 21 April 2023 (s 2)
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22, 2018) to: ss 1 and 3.
4 LIST OF AMENDMENTS
s 3 amd No. 9, 1989, s 4; No. 17, 1996, s 6; No. 10, 1997, s 2; No. 33, 2005, s 5;
No. 4, 2007, s 7; No. 31, 2009, s 9; No. 27, 2014, s 57; No. 9, 2016, s 135;
No. 10, 2023, s 5
s 4 amd No. 9, 1989, s 5; No. 9, 2016, s 135
s 4B ins No. 9, 2016, s 134
pt II hdg amd No. 31, 2009, s 4
s 5 sub No. 9, 1989, s 6
amd No. 31, 2009, s 5
s 6 sub No. 9, 1989, s 6
s 7 amd No. 9, 1989, s 7
s 8 amd No. 9, 1989, s 8; No. 31, 2009, s 9
s 9 amd No. 31, 2009, s 6
s 9A ins No. 31, 2009, s 7
s 10 amd No. 9, 1989, s 9; No. 31, 2009, s 9
s 11 amd No. 9, 1989, s 10
s 12 amd No. 27, 2014, s 57; No. 9, 2016, s 135
s 13 amd No. 9, 1989, s 11; No. 9, 2016, s 135
s 14 amd No. 9, 1989, s 12; No. 27, 2014, s 57; No. 9, 2016, s 135
s 14A ins No. 9, 1989, s 13
s 15 amd No. 27, 2014, s 57
s 17 amd No. 31, 2009, s 9
pt IV hdg sub No. 9, 1989, s 14
ss 18 – 19 sub No. 9, 1989, s 14
s 20 rep No. 9, 1989, s 14
s 21 amd No. 9, 1989, s 15; No. 31, 2009, s 8; No. 27, 2014, s 57
s 22 amd No. 9, 1989, s 16; No. 31, 2009, s 9; No. 27, 2014, s 57
s 23 amd No. 9, 1989, s 17; No. 17, 1996, s 6
s 24 amd No. 17, 1996, s 6; No. 31, 2009, s 9; No. 27, 2014, s 57
s 25 amd No. 9, 1989, s 18
s 26 amd No. 9, 1989, s 19; No. 17, 1996, s 6; No. 31, 2009, s 9; No. 27, 2014,
s 57; No. 9, 2016, s 135; No. 10, 2023, s 5
s 27 amd No. 9, 1989, s 20; No. 31, 2009, s 9; No. 27, 2014, s 57
s 28 amd No. 31, 2009, s 9
s 29 amd No. 9, 1989, s 21; No. 31, 2009, s 9; No. 27, 2014, s 57
ENDNOTES
Prisoners (Interstate Transfer) Act 1983 28
s 30 amd No. 9, 1989, s 22; No. 31, 2009, s 9; No. 9, 2016, s 135
s 31 amd No. 9, 1989, s 23; No. 31, 2009, s 9; No. 12, 2010, s 3; No. 27, 2014,
s 57
s 32 amd No. 9, 1989, s 24; No. 17, 1996, s 6; No. 31, 2009, s 9; No. 9, 2016,
s 135