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Commonwealth act
This is a century-old Commonwealth law that allows prisoners and people detained as "criminal lunatics" (a now-archaic term meaning people found to be mentally unfit to stand trial, or insane at the time of an offence) to be physically moved between Australian Territories, and from Territories to States, for their imprisonment or detention.
Transfer out of a Territory: The Administrator of a Territory can recommend to the Governor-General (Australia's head of state acting on ministerial advice) that a prisoner be moved to a State or another Territory if, for example:
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Direct links to the current provisions in Removal of Prisoners (Territories) Act 1923.
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View on official registerSourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
Warrants for transfer: Once approved, a formal legal document (a warrant — a written authority directing what must happen) is issued to move the prisoner. That warrant is legally binding and must be executed immediately.
Treatment after transfer: A moved prisoner is treated as if they were sentenced under the laws of the receiving State or Territory. However, their original conviction can still be challenged in the Territory where they were sentenced.
Sentence adjustment: If imprisonment conditions are harsher in the receiving location, the Governor-General can reduce (remit) part of the sentence so the punishment isn't more severe than originally intended.
Licences to be "at large": The Governor-General can grant a moved prisoner a licence (essentially, supervised release — like parole) to live outside prison. This comes with conditions, can be revoked, and if breached, police can arrest the person without a warrant.
Return home after release: A moved prisoner who is discharged is entitled to be transported back to their home Territory at no cost, subject to certain conditions.
Escaped prisoners: If someone escapes, the time they spend on the run doesn't count toward their sentence — they must serve it when recaptured, on top of any punishment for the escape itself.
Release of criminal lunatics: The Governor-General can order the release (with or without conditions) of someone detained as a criminal lunatic who was moved to a State or Territory.
The Act acknowledges a newer, separate law — the Transfer of Prisoners Act 1983 — which can take precedence. The Attorney-General can direct that a particular transfer happen under that newer law instead of this one.
This Act fills a practical gap: Commonwealth Territories (like Christmas Island or Cocos (Keeling) Islands) may not have adequate prison facilities. The law ensures people sentenced in those Territories can be properly held and managed elsewhere in Australia. It is old, and some of its language — particularly the exclusion of Aboriginal Territorians and the term "criminal lunatic" — reflects deeply problematic colonial-era attitudes that have not been modernised.