Australian Capital Territory Current Acts

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CRIMES (SENTENCE ADMINISTRATION) ACT 2005 - SECT 259

International transfer—prisoners transferred to Australia

    (1)     A prisoner who is transferred to Australia under the Commonwealth Act must be treated for a relevant enforcement law as if the prisoner were a federal prisoner serving a sentence of imprisonment imposed under a law of the Commonwealth.

    (2)     Without limiting subsection (1), enforcement laws relating to the following matters apply to a prisoner who is transferred to Australia under the Commonwealth Act:

        (a)     conditions of imprisonment and treatment of prisoners;

        (b)     release on parole of prisoners;

        (c)     classification and separation of prisoners;

        (d)     removal of prisoners between prisons, hospitals and other places;

        (e)     treatment of mentally impaired prisoners;

        (f)     eligibility for participation in prison programs, including release under a prerelease permit scheme (however described);

        (g)     temporary absence from prison (for example, to work or seek work, to attend a funeral or visit a relative suffering a serious illness, or to attend a place of education or training);

        (h)     transfer of prisoners between States and Territories.

    (3)     Any direction given by the Commonwealth Attorney-General under the Commonwealth Act, section 44 or section 49 must be given effect in the ACT.

    (4)     In this section:

"enforcement law" means any of the following about the detention of prisoners:

        (a)     an ACT law;

        (b)     a law of the Commonwealth, a State or another Territory;

        (c)     a practice or procedure lawfully observed.



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