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Removal of Prisoners (Territories) Act 1923

  • - C2004C06405
  • In force - Superseded Version
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Act No. 14 of 1923 as amended, taking into account amendments up to Act No. 38 of 1988
Registered 07 Dec 2009
Start Date 01 Mar 1989
End Date 02 Jul 2008

REMOVAL OF PRISONERS (TERRITORIES) ACT 1923
- Reprinted as at 31 October 1990 (HISTACT CHAP 164 #DATE 31:10:1990)

*1*The Removal of Prisoners (Territories) Act 1923 as shown in this reprint comprises Act No. 14, 1923 amended as indicated in the Tables below.
Table of Acts
Act
Number Date Date of Application,
and year of Assent commencement saving or
transitional
provisions
Removal of Prisoners (Territories) Act 1923
14, 1923 1 Sept 1923 1 Sept 1923
Removal of Prisoners (Territories) Act 1935
11, 1936 27 May 1936 27 May 1936 -
Statute Law Revision Act 1950
80, 1950 16 Dec 1950 31 Dec 1950 Ss. 16 and
17
Removal of Prisoners (Territories) Act 1957
2, 1957 15 Apr 1957 15 Apr 1957 -
Removal of Prisoners (Territories) Act 1962
69, 1962 24 Nov 1962 22 Dec 1962 -
Removal of Prisoners (Territories) Act 1968
9, 1968 8 May 1968 8 May 1968 -
Statute Law Revision Act 1973
216, 1973 19 Dec 1973 31 Dec 1973 Ss. 9 (1)
and 10
Administrative Changes (Consequential Provisions) Act 1976
91, 1976 20 Sept 20 Sept 1976 (a) S. 4
1976
Administrative Changes (Consequential Provisions) Act 1978
36, 1978 12 June 12 June 1978 S. 8
1978
Australian Federal Police (Consequential Amendments) Act 1979
155, 1979 28 Nov 1979 19 Oct 1979 (see s. 2 and -
Gazette 1979, No. S206)
Australian Federal Police (Consequential Amendments) Act 1980
70, 1980 28 May 1980 28 May 1980 -
Transfer of Prisoners (Consequential Amendments) Act 1983
96, 1983 22 Nov 1983 Ss. 1, 2 and 6: Royal Assent S. 7
Ss. 3-5 and 8: 1 Aug 1984 (2)
(see s. 2 (2) and Gazette
1984, No. S292)
Ss. 7 and 9: 12 June 1985
(see Gazette No. S199)
Statute Law (Miscellaneous Provisions) Act (No. 2) 1985
193, 1985 16 Dec 1985 S. 3: Royal Assent (b) S. 16
Crimes Legislation Amendment Act 1987
120, 1987 16 Dec 1987 Part II (ss. 3-9), Parts -
VI, VII (ss. 30-33), ss.
34-46, 48-50, Part IX (ss.
51, 52), 53-55 and 59: Royal
Assent
Ss. 11, 14, 74 and 75: 1
Mar 1989 (see Gazette 1989, No.
S54)
Ss. 16-18, 69 (b) and 70-73:
19 Dec 1988 (see Gazette 1988,
No. S384)
S. 47: 1 Jan 1990 (see Gazette
1989, No. S359)
Ss. 56-58: 16 Dec 1987 (see
s. 2 (4))
Ss. 60-67: 1 Sept 1988 (see
s. 2 (5) and Gazette 1988,
No. S256)
Remainder: 13 Jan 1988
Statute Law (Miscellaneous Provisions) Act 1987
141, 1987 18 Dec 1987 S. 3: Royal Assent (c) S. 5 (1),
(18) and (19)
Statute Law (Miscellaneous Provisions) Act 1988
38, 1988 3 June 1988 S. 3: Royal Assent (d) S. 5 (1)
______________________________________________________________________________ __ (a) The Removal of Prisoners (Territories) Act 1923 was amended by section 3 only of the Administrative Changes (Consequential Provisions) Act 1976, subsection 2 (7) of which provides as follows:
'(7) The amendments of each other Act specified in the Schedule made by this Act shall be deemed to have come into operation on 22 December 1975.'
(b) The Removal of Prisoners (Territories) Act 1923 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1985 , subsection 2 (1) of which provides as follows:
'(1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.'
(c) The Removal of Prisoners (Territories) Act 1923 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act 1987, subsection 2 (1) of which provides as follows:
'(1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.'
(d) The Removal of Prisoners (Territories) Act 1923 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act 1988, subsection 2 (1) of which provides as follows:
'(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.'
See, in connexion with the removal of prisoners from Christmas Island and the application of this Act to Christmas Island, section 18 of the Christmas Island Act 1958. In respect of the Australian Capital Territory see Removal of Prisoners (Australian Capital Territory) Act 1968.
Table of Amendments
ad.=added or inserted am.=amended rep.=repealed rs.=repealed and substituted
______________________________________________________________________________ __ Provision affected
How affected
S. 2
am. No. 80, 1950; No. 69, 1962; No. 216, 1973; No. 155, 1979; No. 70,
1980
S. 2A
ad. No. 2, 1957
S. 3
am. No. 69, 1962; No. 96, 1983
S. 7
rep. No. 120, 1987
Ss. 7A, 7B
ad. No. 141, 1987
S. 8
am. No. 11, 1936; No. 69, 1962
S. 8AA
ad. No. 96, 1983
rs. No. 193, 1985
S. 8A
ad. No. 69, 1982
am. No. 9, 1968; No. 91, 1976; No. 36, 1978; No. 38, 1988
S. 9
am. No. 69, 1962
S. 10A
ad. No. 69, 1962
am. No. 9, 1968; No. 91, 1976; No. 36, 1978; No. 38, 1988
Ss. 11-13
am. No. 69, 1962

REMOVAL OF PRISONERS (TERRITORIES) ACT 1923 - TABLE OF PROVISIONS

TABLE

TABLE OF PROVISIONS

Section

1. Short title

2. Interpretation

2A. Exercise of powers of Administrator where no office of Administrator

3. Removal of prisoners from Territories in certain cases

4. Warrant for removal of prisoner

5. Dealing with removed prisoner

6. Remission of portion of imprisonment

7A. Sentence ceases to run while escaped prisoner at large

7B. Arrest of prisoner unlawfully at large

8. Return of removed prisoner

8AA. Relationship between this Act and Transfer of Prisoners Act 1983

8A. Licences for prisoners to be at large

9. Application of Act to criminal lunatics

10. Application of Act to existing prisoners and criminal lunatics

10A. Release of criminal lunatics

11. Evidence of act of Government of State or Territory or of
Governor-General

12. Cost of removal

13. State or Territory laws for carrying Act into effect

14. Regulations

REMOVAL OF PRISONERS (TERRITORIES) ACT 1923 - LONG TITLE

SECT

An Act relating to the Removal of Prisoners from Territories under the
Authority of the Commonwealth

REMOVAL OF PRISONERS (TERRITORIES) ACT 1923 - SECT 1
Short title

SECT

1. This Act may be cited as the Removal of Prisoners (Territories) Act 1923.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

REMOVAL OF PRISONERS (TERRITORIES) ACT 1923 - SECT 2
Interpretation

SECT

2.(1) In this Act, unless the contrary intention appears:
'Constable' means a member or special member of the Australian Federal Police or a member of the police force of a State or Territory;
'Criminal lunatic' means a person detained in custody by reason of his having been charged with an offence, and either found to have been insane at the time of the commission of the offence, or found or certified or otherwise lawfully proved to be unfit, on the ground of his insanity, to be tried for the offence, and includes a person convicted of an offence and afterwards certified or otherwise lawfully proved to be insane, but does not include an aboriginal native of a Territory;
'Prisoner' means any person sentenced to imprisonment in a Territory, but does not include an aboriginal native of a Territory;
'This Act' includes the regulations made thereunder.
(2) For the purposes of this Act, where the sentence of a person who has been sentenced to death in a Territory has been commuted to a term of imprisonment, that person shall be deemed to have been sentenced to imprisonment in the Territory for that term.
(3) In this Act, unless the contrary intention appears, a reference to the sentence of a prisoner shall, in relation to a prisoner who, by reason of his having been declared to be a habitual criminal, may be or is being detained in prison after the expiration of the term of imprisonment imposed upon him, be read as including a reference to any detention that he is liable to undergo by reason of his having been so declared.

REMOVAL OF PRISONERS (TERRITORIES) ACT 1923 - SECT 2A
Exercise of powers of Administrator where no office of Administrator

SECT

2A.*2* (1) Where there is no office of Administrator in respect of a Territory, the Governor-General may, by order published in the Gazette:
(a) declare that an office specified in the order shall, for the purposes of
the application of this Act in relation to that Territory, be substituted for the office of Administrator; or
(b) authorize a person named in the order to exercise and perform, in
relation to that Territory, the powers and functions of an Administrator under this Act.
(2) A reference in this Act to the Administrator of a Territory shall, in relation to a Territory in respect of which an order is in force under the last preceding subsection, be read as a reference to:
(a) the person occupying, or acting in, the office specified in the order;
or
(b) the person named in the order;
as the case may be. *2*S. 2A-By order published in the Gazette on 25 July 1957 it was declared that, for the purposes of the application of this Act in relation to the Territory of Cocos (Keeling) Islands, the office of Official Representative in that Territory be substituted for the office of Administrator.
By order published in the Gazette on 23 October 1958 it was declared that, for the purposes of the application of this Act in relation to the Territory of Christmas Island, the office of Official Representative in that Territory be substituted for the office of Administrator.

REMOVAL OF PRISONERS (TERRITORIES) ACT 1923 - SECT 3
Removal of prisoners from Territories in certain cases

SECT

3.(1) Where it appears to the Administrator of a Territory other than the Northern Territory:
(a) that, by reason of there being no prison in the Territory in which the
prisoner can properly undergo his sentence, the removal of the prisoner is expedient for his safer custody or for the more efficient carriage of his sentence into effect; or
(b) that it is likely that the life of a prisoner undergoing his sentence in
the Territory will be endangered or his health permanently impaired by further imprisonment in the Territory; or
(c) that the offence was committed wholly or partly beyond the limits of the
Territory; or
(d) that the prisoner belongs to a class of persons who under the law of the
Territory are subject to removal under this Act;
he may recommend to the Governor-General that the prisoner be removed to a State or another Territory, there to undergo his sentence or the residue thereof.
(2) Upon the receipt of a recommendation in pursuance of the last preceding subsection the Governor-General may, with the concurrence of the Government of the State or Territory to which it is proposed to remove the prisoner, order the prisoner to be removed to that State or Territory, there to undergo his sentence or the residue thereof.

REMOVAL OF PRISONERS (TERRITORIES) ACT 1923 - SECT 4
Warrant for removal of prisoner

SECT

4.(1) Where the removal of a prisoner from a Territory is ordered in pursuance of this Act, the Governor-General, or the Administrator of the Territory may, by warrant under his hand, direct the prisoner to be removed to the State or Territory mentioned in the order, and for that purpose to be delivered into the custody of the person named or described in the warrant, and to be held in custody and conveyed to that State or Territory, there to undergo his sentence or the residue thereof, until returned in pursuance of this Act or discharged.
(2) Where a prisoner is ordered or required to be returned to the Territory from which he was removed, the Governor-General or the Governor of the State or the Administrator of the Territory in which he is undergoing his sentence may, by warrant under his hand, direct the prisoner to be returned to the Territory from which he was removed, and for that purpose to be delivered into the custody of the person named or described in the warrant, and to be held in custody and conveyed to the Territory from which he was removed, there to undergo the residue of his sentence, or to be discharged or to be tried for an offence, as the case requires.
(3) Every warrant issued in pursuance of this section shall be forthwith executed according to the tenor thereof.
(4) Every warrant purporting to be issued in pursuance of this section, and to be under the hand of the Governor-General or the Governor of a State or the Administrator of a Territory, shall be received in evidence in any Court of a State or Territory without further proof, and shall be evidence of the facts therein stated, and all acts done in pursuance of any such warrant shall be deemed to have been authorized by law.

REMOVAL OF PRISONERS (TERRITORIES) ACT 1923 - SECT 5
Dealing with removed prisoner

SECT

5.(1) Every prisoner removed in pursuance of this Act shall, until he is returned in pursuance of this Act, be dealt with in the State or Territory to which he is removed, in like manner as if his sentence (with such variation of the conditions thereof as is prescribed by regulations made under paragraph (b) of section fourteen of this Act) had been duly awarded in that State or Territory, and shall be subject accordingly to all laws in force in that State or Territory.
(2) Notwithstanding anything contained in the last preceding subsection, the conviction, judgment, and sentence of a prisoner may be questioned in the Territory from which he has been removed in the same manner as if he had not been removed, and his sentence may be remitted, and his discharge ordered, in the same manner and by the same authority as if he had not been removed.
(3) The officer in charge of any prison, on request by any person having the custody of a prisoner under a warrant issued in pursuance of this Act, and on payment or tender of such amount for expenses as the Government of the State or Territory in which the prison is situated determines, shall receive the prisoner and detain him for such time as is requested by the person for the purpose of the proper execution of the warrant.

REMOVAL OF PRISONERS (TERRITORIES) ACT 1923 - SECT 6
Remission of portion of imprisonment

SECT

6. Where, in pursuance of this Act, the conditions of a sentence of imprisonment appear to the Governor-General to be more severe in the State or Territory to which a prisoner is removed than in the Territory from which he was removed, the Governor-General may remit a portion of the sentence so that the punishment undergone by the prisoner may not, in the opinion of the Governor-General, be more severe than the punishment to which the prisoner was originally sentenced, and the sentence of imprisonment shall, so long as the prisoner remains in the State or Territory to which he is removed, be carried into effect as if the conditions thereof, as so varied, were the conditions of the original sentence.

REMOVAL OF PRISONERS (TERRITORIES) ACT 1923 - SECT 7A
Sentence ceases to run while escaped prisoner at large

SECT

7A. A person who commits an offence against subsection 7 (2) by escaping shall, upon being returned to lawful custody, undergo, in addition to any punishment imposed for that offence, the punishment that the person would have undergone if the person had not escaped.

REMOVAL OF PRISONERS (TERRITORIES) ACT 1923 - SECT 7B
Arrest of prisoner unlawfully at large

SECT

7B.(1) A constable may, without warrant, apprehend a person whom the constable, with reasonable cause, suspects is a prisoner unlawfully at large.
(2) The constable shall forthwith take the person before a Magistrate.
(3) If the Magistrate is satisfied that the person is a prisoner unlawfully at large, the Magistrate may issue a warrant:
(a) authorising any constable to convey the person to a prison specified in
the warrant; and
(b) directing that the person, having been conveyed to that prison in
accordance with the warrant, be detained in prison to undergo the term of imprisonment or other detention that the person is required by law to undergo.
(4) In this section, 'prisoner unlawfully at large' means a person who is at large (otherwise than by reason of having escaped from lawful custody) at a time when the person is required by law to be in custody pursuant to this Act or a warrant issued pursuant to this Act.

REMOVAL OF PRISONERS (TERRITORIES) ACT 1923 - SECT 8
Return of removed prisoner

SECT

8.(1) Where a prisoner has been removed in pursuance of this Act, the Governor-General, or the Government of the State or Territory to which the prisoner has been so removed, may order the prisoner, for the purpose of undergoing the residue of his sentence, to be returned to the Territory from which he was removed.
(2) If the Governor-General, or the Government of the State or Territory to which a prisoner is removed under this Act, requires the prisoner to be returned for discharge to the Territory from which he was removed, the prisoner shall, as prescribed, be returned to that Territory for the purpose of being there discharged at the expiration of his sentence.
(3) Where:
(a) a person has been removed to a State or Territory in pursuance of this
Act;
(b) he is discharged in that State or Territory at the expiration of his
sentence or he is released from custody in that State or Territory in pursuance of a licence granted under section eight A of this Act or an order made under section ten A of this Act;
(c) his return to the Territory from which he was removed would not result,
or be likely to result, in a failure by him to comply with a condition applicable to such a licence or to such an order; and
(d) his return to the Territory from which he was removed would not be
unlawful;
he is entitled, on making application in such manner and within such time as is prescribed, to be sent free of cost from the place at which he was discharged or released from custody to the Territory from which he was removed.

REMOVAL OF PRISONERS (TERRITORIES) ACT 1923 - SECT 8AA
Relationship between this Act and Transfer of Prisoners Act 1983

SECT

8AA.(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.

REMOVAL OF PRISONERS (TERRITORIES) ACT 1923 - SECT 8A
Licences for prisoners to be at large

SECT

8A.(1) In this section:
'licence' means a licence to be at large granted under the next succeeding subsection;
'prescribed authority' means:
(a) a person who holds office as a Chief, Police, Stipendiary, Resident or
Special Magistrate of a State and in respect of whom an arrangement in force under subsection (15) of this section is applicable; or
(b) a person who holds office as a Chief, Police, Stipendiary, Resident or
Special Magistrate, or a District Officer or Assistant District Officer, of a Territory;
'the prescribed period', in relation to a licence, means:
(a) if the prisoner to whom the licence was granted was, at the time when
the licence was granted, serving a term of imprisonment-the period commencing on the day on which the licence was granted and ending on the day which, if no remissions of his sentence were granted, would be the last day of that term; or
(b) if the prisoner to whom the licence ws granted was, at the time when the
licence was granted, being detained in prison by reason of his having been declared to be a habitual criminal-the period of three years commencing on the day on which the licence was granted.
(2) Where a prisoner has been removed to a State or Territory in pursuance of this Act (not being a person referred to in paragraph (a) or (b) of subsection (2) of section nineteen A of the Crimes Act 1914-1960), the Governor-General may, if he thinks it proper so to do in the circumstances, grant to the prisoner by writing under his hand, a licence to be at large.
(3) A licence is sufficient authority for the release from prison of the person to whom it is granted.
(4) A licence is subject to such conditions, if any, as are specified in the licence.
(5) The Governor-General may, at any time before the expiration of the prescribed period, by writing under his hand:
(a) vary or revoke a condition of a licence or impose additional conditions;
or
(b) revoke a licence.
(6) The varying of a condition, or the imposing of an additional condition, under the last preceding subsection does not have effect until notice thereof has been given to the person to whom the licence was granted, being notice given before the expiration of the prescribed period.
(7) Where:
(a) a licence granted to a person is revoked; or
(b) the person to whom a licence has been granted has, during the prescribed
period, failed to comply with a condition of the licence or there are reasonable grounds for suspecting that he has, during that period, failed to comply with a condition of the licence;
a constable may, without warrant, arrest the person.
(8) Where a constable arrests a person in pursuance of the last preceding subsection on a ground specified in paragraph (b) of that subsection, the constable shall, as soon as practicable, take that person before a prescribed authority and, if the prescribed authority is satisfied that that person without lawful excuse failed to comply with a condition of the licence granted to him, the prescribed authority shall cancel the licence.
(9) A person brought before a prescribed authority under the last preceding subsection shall, unless the prescribed authority otherwise directs, be kept in custody until the prescribed authority has determined the matter.
(10) Subject to subsection (12) of this section, where a licence granted to a person who, at the time of the grant, was serving a term of imprisonment is revoked or cancelled, the person may be detained in prison, as if the licence had not been granted, to undergo imprisonment for a period equal to the part of the term that he had not served at the time when he was released from prison in pursuance of the licence and, in the case of a person who has been declared to be a habitual criminal, he may, on the expiration of that term, be further detained in prison as if the licence had not been granted.
(11) Subject to the next succeeding subsection, where a licence granted to a person who, at the time of the grant, was being detained in prison by reason of his having been declared to be a habitual criminal is revoked or cancelled, the person may be detained in prison as if the licence had not been granted.
(12) Where a prescribed authority cancels a licence under subsection (8) of this section, the person to whom the licence was granted may appeal to the Supreme Court of a Territory or to a prescribed Federal Court against the cancellation and the Court shall:
(a) if it is satisfied that the ground on which the licence was cancelled
has been established-confirm the cancellation; or
(b) if it is not so satisfied-order that the cancellation cease to have
effect.
(13) An appeal under the last preceding subsection shall be by way of re-hearing, but the Court may have regard to any evidence given before the prescribed authority.
(14) For the purposes of the preceding provisions of this section, 'the Governor-General' means the Governor-General acting with the advice of the Minister.
(15) The Governor-General may arrange with the Governor of a State for the performance by persons who hold office as Chief, Police, Stipendiary, Resident or Special Magistrates in that State of the functions of a prescribed authority under this section.
(16) Notice of an arrangement under the last preceding subsection shall be published in the Gazette.

REMOVAL OF PRISONERS (TERRITORIES) ACT 1923 - SECT 9
Application of Act to criminal lunatics

SECT

9.(1) The preceding provisions of this Act, other than the last preceding section, shall, so far as applicable, apply to a person in custody as a criminal lunatic in like manner as they apply to a prisoner undergoing sentence of imprisonment, and, subject to this Act, all laws in force in the State or Territory in which a criminal lunatic, who is removed or returned, is for the time being in custody under a warrant issued in pursuance of this Act, shall apply to the criminal lunatic as if he had become a criminal lunatic in that State or Territory.
(2) Where a person, who is a criminal lunatic and is unfit to be tried for an offence, is removed in pursuance of this Act, and the Governor-General or the Government of the State or Territory to which the person was removed, or the Government of the Territory from which he was removed, considers that the person has become sufficiently sane to be tried for the offence, and requires him to be returned for trial to the Territory from which he was removed, he shall in accordance with this Act be returned as a prisoner to that Territory for the purpose of being there tried for that offence.

REMOVAL OF PRISONERS (TERRITORIES) ACT 1923 - SECT 10
Application of Act to existing prisoners and criminal lunatics

SECT

10. This Act shall apply to a prisoner who has been convicted, and to a criminal lunatic who has become a criminal lunatic before the commencement of this Act, as if he had been convicted or become a criminal lunatic after the commencement of this Act.

REMOVAL OF PRISONERS (TERRITORIES) ACT 1923 - SECT 10A
Release of criminal lunatics

SECT

10A.(1) Where a criminal lunatic (being a person who was found to be insane at the time of the commission of the offence with which he was charged but not being a person to whom subsection (1) of section twenty B of the Crimes Act 1914-1960 applies) has been removed to a State or Territory in pursuance of this Act, the Governor-General may, by writing under his hand, order that he be released from custody either unconditionally or subject to such conditions as are specified in the order.
(2) Where, under the last preceding subsection, the Governor-General orders that a person be released from custody subject to conditions, the Governor-General may, at any time, by writing under his hand:
(a) vary or revoke all or any of the conditions or impose additional
conditions; or
(b) except where the Governor-General has revoked all the conditions-revoke
the order.
(3) Where an order made in respect of a person under subsection (1) of this section is revoked or the person fails to comply with a condition of such an order, the person may, without warrant, be arrested by any constable and may be detained in custody as if the order under subsection (1) of this section had not been made.
(4) Upon the Governor-General making an order under subsection (1) of this section that a person be released from custody unconditionally or upon the Governor-General revoking all the conditions applicable to an order under which a person has been released from custody, this Act, and any law of the Territory from which he was removed that authorizes his detention in custody by reason of his having been found to be insane at the time of the commission of the offence with which he was charged, ceases to apply to him in relation to that offence.
(5) For the purposes of this section, 'the Governor-General' means the Governor-General acting with the advice of the Minister.

REMOVAL OF PRISONERS (TERRITORIES) ACT 1923 - SECT 11
Evidence of act of Government of State or Territory or of Governor-General

SECT

11.(1) The concurrence of and any requirement by the Government of a State or Territory may be given or made:
(a) in the case of a State, by the Governor in Council;
(b) in the case of a Territory, by the Administrator; or
(c) in either case, by such other authority as is from time to time provided
by the law of the State or Territory.
(2) The concurrence or requirement shall be signified by writing under the hand of the Governor of a State or the Administrator of a Territory, as the case may be, or any other officer appointed in that behalf by the law of the State or Territory.
(3) Any writing purporting to signify the concurrence or requirement and to be signed by the Governor or Administrator or other officer for the time being, shall be conclusive evidence that the concurrence or requirement has been duly given or made.
(4) Any writing purporting to be under the hand of the Governor-General and to order the removal of a prisoner or criminal lunatic from a Territory shall be conclusive evidence that the order has been duly given by the Governor-General.
(5) Every writing mentioned in this section shall be admissible in evidence in any Court of a State or Territory.

REMOVAL OF PRISONERS (TERRITORIES) ACT 1923 - SECT 12
Cost of removal

SECT

12.(1) The cost of the removal of any prisoner or criminal lunatic under this Act and of his maintenance while in confinement and of his return and of his being sent, after discharge or release from custody, to any place, shall be borne by the Commonwealth or, where the expenditure of the Territory from which the prisoner or criminal lunatic is removed is defrayed from the revenues of that Territory, by the Territory from which he is removed, and shall be paid in such manner as is arranged between the Governor-General and the Governments of the States and Territories concerned.
(2) Nothing in this Act shall affect any power to recover the whole or any part of the cost from the property of the prisoner or criminal lunatic.

REMOVAL OF PRISONERS (TERRITORIES) ACT 1923 - SECT 13
State or Territory laws for carrying Act into effect

SECT

13. If any law is made in any State or Territory:
(a) for determining the authority by whom and the manner in which any power
or concurrence under this Act is to be exercised or given;
(b) for the payment of the costs incurred in the removal, maintenance,
return, or sending back, after discharge, of a prisoner or criminal lunatic;
(c) for dealing in the State or Territory with prisoners or criminal
lunatics removed thereto in pursuance of this Act;
(d) for making any class of prisoners or criminal lunatics subject to
removal under this Act; or
(e) otherwise in any manner for the carrying of this Act or any part thereof
into effect as regards the State or Territory;
the Governor-General may, for the purposes of this Act, direct that the law shall with or without modification or alteration be recognized and given effect to throughout the Commonwealth and the Territories as if it were part of this Act.

REMOVAL OF PRISONERS (TERRITORIES) ACT 1923 - SECT 14
Regulations

SECT

14. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed, for giving effect to this Act, and in particular for providing for:
(a) the removal, return and discharge of prisoners and criminal lunatics
under this Act; and
(b) varying the conditions of a sentence of imprisonment passed in a
Territory, where those conditions differ from the conditions of a sentence of imprisonment in the State or Territory to which the prisoner is removed, with a view to bringing them into conformity with the latter conditions:
Provided that no such variation shall increase the term of the sentence of imprisonment.