17Transfer in custody of escort etc.

#### 17 Transfer in custody of escort etc. (1) A transfer order shall direct that the prisoner or remand prisoner to whom the transfer order relates be removed to the State or Territory mentioned in the order, and, for that purpose, be delivered into the custody of a person named or described in the order and be held in custody and conveyed to such prison in that State or Territory as is specified in the order. (2) Upon production to him or her of a transfer order, the Superintendent or other officer in charge of the prison where the prisoner or remand prisoner to whom the transfer order relates is imprisoned shall deliver the prisoner into the custody of the person named or described in the order. (3) Where a prisoner or remand prisoner to whom a transfer order relates is delivered, in pursuance of subsection (2) into the custody of a person named or described in that order, that person: (a) shall keep the prisoner in custody for purposes in connection with the transfer of the prisoner; and (b) shall deliver the prisoner into the custody of the Superintendent or other officer in charge of the prison specified in that order. (3A) Without limiting subsection (1) or (3), it is sufficient compliance with a transfer order if the prisoner or remand prisoner: (a) is delivered into the custody of an escort of the State or Territory to which the prisoner is being transferred, being an escort who is authorised by the local prisons authority for that State or Territory to receive custody of the prisoner; and (b) is so delivered into custody at a place at which the escort mentioned in paragraph (a) is authorised by the local prisons authority for that State or Territory to receive custody of the prisoner. (4) A prisoner or remand prisoner to whom a transfer order relates may, in the course of being transferred in pursuance of that transfer order, be detained in any State or Territory in a prison or in a police station or other premises in which persons awaiting trial may lawfully be detained for such time as is reasonably necessary to facilitate the transfer. (5) A transfer order (other than an order under Part IV) relating to a person who is a joint prisoner has no effect: (a) to the extent that, but for this subsection, it authorizes or requires the doing of any act or thing under this Act in relation to that person in his or her capacity as a person upon whom a State sentence of imprisonment has been imposed; and (b) unless and until a complementary State order of transfer corresponding to the transfer order is in force in respect of the person. (6) A transfer order (other than an order under Part IV) has no effect to the extent that it purports to authorize the transfer of a State prisoner from a State to another State or to a Territory. (7) The Commonwealth may, for the purpose of enabling officers or employees of a State to carry out functions in relation to the execution of transfer orders, enter into such arrangements with that State as are necessary to secure the services of those officers or employees for that purpose.