Australian Capital Territory Current Acts

CRIMES (SENTENCE ADMINISTRATION) ACT 2005 - SECT 217

In this part:

"ACT prisoner" means a person subject to an ACT sentence of imprisonment, but does not include a person subject to a commonwealth sentence of imprisonment.

"ACT sentence of imprisonment" means a sentence of imprisonment for an offence against an ACT law, and includes—

        (a)     a sentence under which default imprisonment is ordered; and

        (b)     an indeterminate sentence; and

        (c)     a translated sentence.

"arrest warrant", for a person, means a warrant to apprehend or arrest the person or commit the person to prison, except—

        (a)     a warrant under which the term of imprisonment that the person is liable to serve is default imprisonment; or

        (b)     a warrant to secure the attendance of the person.

"commonwealth sentence of imprisonment" means a sentence of imprisonment for an offence against a law of the Commonwealth or a non-participating territory.

"corresponding ACT court", in relation to a court of a participating state, means an ACT court declared under section 221 (Interstate transfer—corresponding courts and interstate laws) to be a corresponding court in relation to the participating state court.

"corresponding Minister", of a participating state, means the Minister of the State responsible for the administration of the State's interstate law.

"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, judge, magistrate or justice of the peace; or

        (b)     entering into a bond or recognisance to be of good behaviour or keep the peace.

"Governor", of a participating state, means—

        (a)     for a State other than the Northern Territory—the State's Governor or anyone exercising the functions of the Governor; or

        (b)     for the Northern Territory—the Administrator of the Northern Territory or anyone exercising the functions of the Administrator.

Note     State includes the Northern Territory (see Legislation Act

, dict, pt 1).

"indeterminate sentence" means a sentence of, or order or direction for, imprisonment or detention—

        (a)     for life; or

        (b)     during the pleasure of—

              (i)     the Governor-General; or

              (ii)     the Governor of a participating state;

and includes such a sentence, order or direction resulting from the operation of any law.

"interstate law" means a law declared under section 221 (Interstate transfer—corresponding courts and interstate laws) to be an interstate law for this part.

"interstate sentence of imprisonment" means—

        (a)     a state sentence of imprisonment within the meaning of an interstate law; or

        (b)     for the Northern Territory—a territory sentence of imprisonment within the meaning of the Prisoners (Interstate Transfer) Act 1983

(NT).

"joint prisoner" means a person subject to both—

        (a)     an ACT sentence of imprisonment or an interstate sentence of imprisonment; and

        (b)     a commonwealth sentence of imprisonment.

"non-participating territory" means an external territory or the Jervis Bay Territory.

"order of transfer" means an order issued under any of the following provisions for the transfer of a prisoner to a participating state or non-participating territory:

        (a)     section 222 (Interstate transfer—requests from ACT and joint prisoners for transfer to participating state);

        (b)     section 223 (Interstate transfer—requests from ACT and joint prisoners for transfer to non-participating territory);

        (c)     section 231 (Interstate transfer—order of transfer);

        (d)     section 232 (8) (Interstate transfer—review of Magistrates Court decision);

        (e)     section 237 (1) (Interstate transfer—return of prisoner to participating state).

"participating state" means a State in which an interstate law is in force.

"prison" means—

        (a)     a correctional centre; or

        (b)     a police lockup in the ACT.

"prisoner" means an ACT prisoner or joint prisoner.

"prison officer" means—

        (a)     a person appointed or employed to assist in the management of a prison; or

        (b)     an escort officer.

"release on parole" includes—

        (a)     release on probation; and

        (b)     any other form of conditional release in the nature of parole.

"relevant security", in relation to a person, means a security given by the person—

        (a)     with or without sureties; and

        (b)     by bond, recognisance or otherwise; and

        (c)     to the effect that the person will comply with conditions relating to the person's behaviour.

"remission instrument" means an instrument of remission under section 313 (Remission of penalties).

"sentence of imprisonment"—see section 218.

"subject to" a sentence of imprisonment—see section 219.

"translated sentence" means a sentence of imprisonment that is taken under section 243 (Interstate transfer—translated sentences) to have been imposed on a person by an ACT court.