Commonwealth Consolidated Acts Commonwealth Consolidated ActsNo. 95, 1983
Compilation No. 15
Compilation date: 27 November 2015
Includes amendments up to: Act No. 153, 2015
Registered: 10 December 2015
About this compilation
This compilation
This is a compilation of the Transfer of Prisoners Act 1983 that shows the text of the law as amended and in force on 27 November 2015 (the compilation date).
This compilation was prepared on 7 December 2015.
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on ComLaw (www.comlaw.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on ComLaw for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on ComLaw for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part I--Preliminary
1 Short title
2 Commencement
3 Interpretation
4 Application of Act to certain external Territories
5 Declaration of State transfer laws
Part II--Transfer for prisoner's welfare
6 Transfer of Commonwealth prisoner on welfare grounds
7 Revocation of welfare transfer orders
Part III--Transfer for purpose of trial
Division 1--Trial transfer order
8 Application for transfer to stand trial on charge in respect of offence against a law of the Commonwealth or a Territory
9 Application for transfer to stand trial on charge in respect of offence against a law of a State
10 Proceedings before court of summary jurisdiction
11 Review of decision made upon application for trial transfer order
12 Revocation of trial transfer orders
13 Representation
Division 2--Return of prisoner
14 Return of prisoner
15 Revocation of return transfer orders
16 Return of prisoner for appeal purposes
16A Return of prisoner after attending appeal
Part IV--Transfer for purpose of security
16B Transfer of prisoner on security grounds
16C Return of prisoner
16D Transfer for court proceedings--general
16E Transfer for trial of remand prisoner
16F Transfer under State transfer laws
Part V--Effect of transfer order
17 Transfer in custody of escort etc.
18 Transferred sentences
19 Transferred sentences--non-parole periods
20 Transferred sentences--reductions and remissions
21 Transferred sentences--default imprisonment
22 Territory sentences cease to have effect on transfer
23 Federal sentences--reductions and remissions
24 Royal prerogative of mercy
Part VI--Miscellaneous
25 Lawful custody of State prisoner in transit in Territory
26 Escape of prisoners from lawful custody
27 Escape charges may be dealt with in other courts
28 State laws may make provision in relation to certain transfers of joint prisoners and State prisoners
29 Delegation
30 Operation of other laws
31 Orders may be made in consequence of appeal or retrial
32 Modification of Act in relation to certain external Territories
33 Regulations
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Endnotes about misdescribed amendments and other matters are included in a compilation only as necessary.
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation "(md)" added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the amendment is set out in the endnotes.
A = Act | orig = original |
ad = added or inserted | par = paragraph(s)/subparagraph(s) |
am = amended | /sub-subparagraph(s) |
amdt = amendment | pres = present |
c = clause(s) | prev = previous |
C[x] = Compilation No. x | (prev ... ) = previously |
Ch = Chapter(s) | Pt = Part(s) |
def = definition(s) | r = regulation(s)/rule(s) |
Dict = Dictionary | Reg = Regulation/Regulations |
disallowed = disallowed by Parliament | reloc = relocated |
Div = Division(s) | renum = renumbered |
exp = expires/expired or ceases/ceased to have | rep = repealed |
effect | rs = repealed and substituted |
F = Federal Register of Legislative Instruments | s = section(s)/subsection(s) |
gaz = gazette | Sch = Schedule(s) |
LI = Legislative Instrument | Sdiv = Subdivision(s) |
SLI = Select Legislative Instrument | |
(md) = misdescribed amendment | SR = Statutory Rules |
mod = modified/modification | Sub-Ch = Sub-Chapter(s) |
No. = Number(s) | SubPt = Subpart(s) |
o = order(s) | underlining = whole or part not |
Ord = Ordinance | commenced or to be commenced |
Endnote 3--Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
95, 1983 | 22 Nov 1983 | 1 Aug 1984 (gaz 1984, No S292) (s 2) |
| |
164, 1984 | 25 Oct 1984 | -- | ||
120, 1987 | 16 Dec 1987 | s 68, 69(a): 13 Jan 1988 (s 2(6)) | -- | |
4, 1990 | 17 Jan 1990 | -- | ||
Service and Execution of Process (Transitional Provisions and Consequential Amendments) Act 1992 | 166, 1992 | 11 Dec 1992 | 10 Apr 1993 (s 2 and gaz 1993, No GN13) | s 4 |
182, 1994 | 19 Dec 1994 | s 25 and 28: (gaz 1995, No GN18) (s 2(7)) | ||
43, 1996 | 25 Oct 1996 | Sch 2 (item 112): 1 Aug 1984 (s 2(2)) | -- | |
Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001 | 24, 2001 | 6 Apr 2001 | s 4(1), (2) and Sch 48: 24 May 2001 (s 2(1)(a)) | s 4(1) and (2) |
Anti-terrorism Act (No. 2) 2004 | 124, 2004 | 16 Aug 2004 | Sch 4 (items 2-20): 16 Aug 2004 (s 2(1) item 5) | -- |
73, 2008 | 3 July 2008 | Sch 1 (items 48-58): 3 July 2008 (s 2(1) item 32) | -- | |
Federal Court of Australia Amendment (Criminal Jurisdiction) Act 2009 | 106, 2009 | 6 Nov 2009 | Sch 1 (item 112): 4 Dec 2009 (s 2(1) item 2) | -- |
Service and Execution of Process Amendment (Interstate Fine Enforcement) Act 2010 | 143, 2010 | 15 Dec 2010 | Sch 2 (items 3-5): 15 June 2011 (s 2(1) item 2) | Sch 2 (item 5) |
Law and Justice Legislation Amendment (Identity Crimes and Other Measures) Act 2011 | 3, 2011 | 2 Mar 2011 | Sch 2 (items 29, 30): 3 Mar 2011 (s 2(1) item 4) | -- |
59, 2015 | 26 May 2015 | Sch 1 (item 183): 18 June 2015 (s 2(1) item 2) | Sch 1 (items 184-203) | |
Crimes Legislation Amendment (Powers, Offences and Other Measures) Act 2015 | 153, 2015 | 26 Nov 2015 | Sch 8: 27 Nov 2015 (s 2(1) item 2) | -- |
Provision affected | How affected |
Part I |
|
s 3..................... | am No 164, 1984; No 120, 1987; No 182, 1994; No 124, 2004; No 73, 2008 ; No 59, 2015, No 153, 2015 |
Part II |
|
s 6..................... | am No 73, 2008 |
s 7..................... | am No 73, 2008 |
Part III |
|
Division 1 |
|
Division 1 heading.......... | ad No 124, 2004 |
s 8..................... | am No 120, 1987; No 73, 2008 |
s 9..................... | am No 120, 1987; No 73, 2008 |
s 10.................... | am No 73, 2008 |
s 11.................... | am No 73, 2008 |
s 12.................... | am No 73, 2008 |
Division 2 |
|
Division 2 heading.......... | ad No 124, 2004 |
s 14.................... | am No 182, 1994; No 73, 2008 |
s 15.................... | am No 120, 1987 |
s 16.................... | am No 164, 1984; No 124, 2004; No 73, 2008; No 106, 2009 |
s 16A................... | ad No 120, 1987 |
| am No 73, 2008 |
Part IV |
|
Part IV heading............. | rs No 124, 2004 |
Part IV.................. | ad No 124, 2004 |
s 16B................... | ad No 124, 2004 |
s 16C................... | ad No 124, 2004 |
s 16D................... | ad No 124, 2004 |
s 16E................... | ad No 124, 2004 |
s 16F................... | ad No 124, 2004 |
Part V |
|
s 17.................... | am No 124, 2004; No 73, 2008; No 153, 2015 |
s 18.................... | am No 73, 2008 |
s 19.................... | am No 73, 2008 |
s 20.................... | am No 73, 2008 |
s 21.................... | am No 166, 1992; No 73, 2008; No 143, 2010 |
s 23.................... | am No 4, 1990; No 182, 1994; No 73, 2008 |
s 24.................... | am No 182, 1994 |
Part VI |
|
s 25.................... | am No 73, 2008 |
s 26.................... | am No 3, 2011; No 153, 2015 |
s 27.................... | am No 24, 2001 |
s 28.................... | am No 73, 2008 |
s 29.................... | am No 43, 1996; No 124, 2004; No 73, 2008 |
s 30.................... | am No 166, 1992; No 73, 2008 |
s 31.................... | am No 73, 2008 |