Commonwealth Consolidated Acts

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TRANSFER OF PRISONERS ACT 1983 - SECT 24

Royal prerogative of mercy

  (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.

 



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