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REMOVAL OF PRISONERS (TERRITORIES) ACT 1923 - SECT 2

Interpretation

  (1)   In this Act, unless the contrary intention appears:

"Constable" means a member or special member of the Australian Federal Police or a member of the police force of a State or Territory.

"Criminal lunatic" means a person detained in custody by reason of his or her having been charged with an offence, and either found to have been insane at the time of the commission of the offence, or found or certified or otherwise lawfully proved to be unfit, on the ground of his or her insanity, to be tried for the offence, and includes a person convicted of an offence and afterwards certified or otherwise lawfully proved to be insane, but does not include an aboriginal native of a Territory.

"Prisoner" means any person sentenced to imprisonment in a Territory, but does not include an aboriginal native of a Territory.

"This Act" includes the regulations made thereunder.

  (2)   For the purposes of this Act, where the sentence of a person who has been sentenced to death in a Territory has been commuted to a term of imprisonment, that person shall be deemed to have been sentenced to imprisonment in the Territory for that term.

  (3)   In this Act, unless the contrary intention appears, a reference to the sentence of a prisoner shall, in relation to a prisoner who, by reason of his or her having been declared to be a habitual criminal, may be or is being detained in prison after the expiration of the term of imprisonment imposed upon him or her , be read as including a reference to any detention that he or she is liable to undergo by reason of his or her having been so declared.



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