Australian Capital Territory Current Acts

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CRIMES (SENTENCE ADMINISTRATION) ACT 2005 - SECT 245

Interstate transfer—indeterminate translated sentences

    (1)     If 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 Governor of the participating state where the sentence was imposed, the person must be detained during the pleasure of the Governor-General.

    (2)     The Executive may grant a pardon under section 314 (Grant of pardons) to a person who is subject to a translated sentence as if the person were an offender convicted in the ACT of an offence against an ACT law.

    (3)     If the Governor of the participating state where the sentence of imprisonment was imposed on the person has given an indication about what the Governor may have done had the person not been transferred to the ACT, the Executive may give effect to that indication in granting a pardon to the person under section 314.

    (4)     Subsection (2) does not apply in relation to the conviction of a person for an offence against a law of a non-participating territory.



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