Commonwealth Consolidated Acts

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REMOVAL OF PRISONERS (TERRITORIES) ACT 1923 - SECT 8AA

Relationship between this Act and Transfer of Prisoners Act 1983

  (1)   A person shall not be removed from a Territory pursuant to a warrant under subsection 4(1), if the Attorney - General has directed in writing that this Act is not to apply in relation to that removal.

  (2)   The Attorney - General shall not give a direction under subsection   (1) in relation to the removal of a person from a Territory unless the Attorney - General is of the opinion that action to remove the person from the Territory should be taken under the Transfer of Prisoners Act 1983 .

  (3)   The Attorney - General may, either generally or as otherwise provided in the instrument of delegation, by writing signed by the Attorney - General, delegate to an officer of the Attorney - General's Department the power of the Attorney - General to give a direction under subsection   (1).

  (4)   A power delegated under subsection   (3), when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Attorney - General.

  (5)   A delegation under subsection   (3) does not prevent the exercise of a power by the Attorney - General.



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