Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(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.
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(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.