CTHIn ForceAct
Transfer of Prisoners Act 1983
24Royal prerogative of mercy
Start here
Get a plain-English read of 24
Turn the raw legal text into a practical explanation grounded in Transfer of Prisoners Act 1983.
#### 24 Royal prerogative of mercy
(1) Subject to this section, this Act does not affect the exercise of the Royal prerogative of mercy.
(2) Where a prisoner is transferred to a State in pursuance of a transfer order, the Royal prerogative of mercy may:
(a) in relation to any conviction for an offence against a law of a Territory; or
(b) in relation to a transferred sentence attributable to a sentence imposed in respect of such an offence;
be exercised by the Sovereign or the Governor of that State as if that offence were an offence against the law of that State.
(3) Where a prisoner is transferred to a Territory in pursuance of a transfer order, the Royal prerogative of mercy may:
(a) in relation to any conviction for an offence against a law of a State or a Territory other than that Territory; or
(b) in relation to a transferred sentence attributable to a sentence imposed in respect of such an offence;
be exercised by the Sovereign or the Governor‑General as if that offence were an offence against the law of the Territory to which the prisoner has been transferred.
(4) The reference in subsection (2) to the Governor of a State is, in respect of the Australian Capital Territory, a reference to the Governor‑General.