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Transfer of Prisoners Act 1983
No. 95, 1983
In force
Administered by
Attorney-General's Department
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C2024C00810 C16
11 December 2024
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Part I—Preliminary
1 Short title
2 Commencement
3 Interpretation
4 Application of Act to certain external Territories
5 Declaration of State transfer laws
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Part II—Transfer for prisoner’s welfare
6 Transfer of Commonwealth prisoner on welfare grounds
7 Revocation of welfare transfer orders
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Part III—Transfer for purpose of trial
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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
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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
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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
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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
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
