(1) Subject to this section, this Act does not affect the exercise of the Royal prerogative of mercy.
(2) Where a prisoner is transferred to a State in pursuance of a transfer order, the Royal prerogative of mercy may:
(a) in relation to any conviction for an offence against a law of a Territory; or
(b) in relation to a transferred sentence attributable to a sentence imposed in respect of such an offence;
be exercised by the Queen or the Governor of that State as if that offence were an offence against the law of that State.
(3) Where a prisoner is transferred to a Territory in pursuance of a transfer order, the Royal prerogative of mercy may:
(a) in relation to any conviction for an offence against a law of a State or a Territory other than that Territory; or
(b) in relation to a transferred sentence attributable to a sentence imposed in respect of such an offence;
be exercised by the Queen or the Governor - General as if that offence were an offence against the law of the Territory to which the prisoner has been transferred.
(4) The reference in subsection ( 2) to the Governor of a State is, in respect of the Australian Capital Territory , a reference to the Governor - General.