Australian Capital Territory Numbered Acts

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CRIMES (SENTENCE ADMINISTRATION) ACT 2005 (NO. 59 OF 2005) - SECT 37

Full-time detention—return from NSW

    (1)     The chief executive may, in writing, direct that the full-time detainee be returned to the ACT.

    (2)     Without limiting subsection (1), if the full-time detainee asks the chief executive to be released in the ACT from imprisonment under this Act or another territory law, the chief executive may direct that the detainee be returned to the ACT for the release.

    (3)     A direction is authority for an escort officer to transport the full-time detainee in custody for return to the ACT.

    (4)     The full-time detainee must be held in custody by an escort officer, or in detention in a correctional centre, until released from imprisonment under this Act or another territory law or returned to a NSW correctional centre.

    (5)     If the full-time detainee is not released, the chief executive's direction is also authority for an escort officer to return the detainee to a NSW correctional centre.

    (6)     If the full-time detainee is returned to a NSW correctional centre under subsection (5), the detainee must be dealt with as if the detainee had not been returned to the ACT.

    (7)     To remove any doubt, this section does not apply if the full-time detainee is transferred to New South Wales under part 11.1 ( Interstate transfer of prisoners).

    (8)     In this section:

"release" includes—

        (a)     release under part 7.3 (Release under parole order); and

        (b)     release under chapter 13 (Release on licence, remission and pardon), whether by release on licence or because of a remission or pardon.



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