Australian Capital Territory Repealed Acts Australian Capital Territory Repealed ActsThis legislation has been repealed.
(1) In this Act:
Note A definition applies except so far as the contrary intention appears (see Legislation Act 2001 , s 155).
"ACT prisoner" means a person on whom an ACT sentence of imprisonment has been imposed, but does not include a person on whom a Commonwealth sentence of imprisonment has been imposed.
"ACT sentence of imprisonment" means a sentence of imprisonment for an offence against a Territory law, including—
(a) a sentence under which default imprisonment is ordered; and
(b) an indeterminate sentence; and
(c) a translated sentence;
but not including an order under the Children and Young People Act 1999 for the committal of a child to an institution or a State institution within the meaning of that Act, or the period of such a committal.
"arrest warrant" means a warrant to apprehend, a warrant to arrest or a warrant to commit a person to prison, except—
(a) a warrant in relation to which the term of imprisonment that the person to be apprehended, arrested or committed is liable to serve is default imprisonment; or
(b) a warrant to secure the attendance of a witness.
"Commonwealth Act" means the Transfer of Prisoners Act 1983 (Cwlth).
"Commonwealth sentence of imprisonment" means a sentence of imprisonment for an offence against a law of the Commonwealth or of a non-participating Territory.
"corresponding court of the Territory", in relation to a court of a participating State, means a court of the Territory that is, under an order in force under section 5 (1), declared to be a corresponding court in relation to the court of the participating State.
"corresponding Minister", in relation to a participating State, means the Minister of that State responsible for the administration of the interstate law of that State.
"default imprisonment" means imprisonment in default of—
(a) payment of any fine, penalty, costs or other amount of money of any kind imposed or ordered to be paid by any court, judge or justice; or
(b) entering into a recognisance to keep the peace or to be of good behaviour.
"gaoler", in relation to a prison, means the officer in charge of the prison.
"Governor", in relation to a participating State, means—
(a) in relation to a State other than the Northern Territory—the Governor of that State or any person performing the functions of the Governor of that State; or
(b) in relation to the Northern Territory—the Administrator of the Northern Territory or any person performing the functions of the Administrator.
"indeterminate sentence" means a sentence of, or order or direction for, imprisonment or detention—
(a) for life; or
(b) during the pleasure of—
(i) the Queen or the Governor-General; or
(ii) the Governor of a participating State;
and includes such a sentence, order or direction imposed, made or given by, or by the operation of, any Act or other law.
"interstate law" means a law that is declared under section 5 (1) to be an interstate law for this Act.
"interstate sentence of imprisonment" means—
(a) a State sentence of imprisonment within the meaning of an interstate law; or
(b) in the case of the Northern Territory—a Territory sentence of imprisonment within the meaning of the Prisoners (Interstate Transfer) Act 1983 (NT).
"joint prisoner" means a person whom both—
(a) an ACT sentence of imprisonment or an interstate sentence of imprisonment; and
(b) a Commonwealth sentence of imprisonment;
have been imposed.
"justice" means a justice of the peace.
"Magistrates Court" means the Magistrates Court constituted by a magistrate sitting alone.
"non-participating Territory" means an external Territory or the Jervis Bay Territory.
"order of transfer" means an order issued under section 6, 14, 15 (8) or 20 (1) for the transfer of a prisoner to a participating State.
"participating State" means a State in which an interstate law is in force.
"prison" means—
(a) a place in the ACT where a person may be lawfully detained to serve any ACT sentence of imprisonment; or
(b) a remand centre within the meaning of the Remand Centres Act 1976 ; or
(c) a police lockup in the Territory.
"prisoner" means an ACT prisoner or a joint prisoner.
"prison officer" means—
(a) a person appointed or employed to assist in the management of a prison; or
(b) an escort under the Custodial Escorts Act 1998 .
"release on parole" includes—
(a) release on probation; and
(b) any other form of conditional release in the nature of parole.
"relevant security", in relation to a person, means a security given by the person—
(a) with or without sureties; and
(b) by recognisance or otherwise; and
(c) to the effect that the person will comply with conditions relating to his or her behaviour.
"remission instrument" means an instrument of remission under the Crimes Act 1900 , section 434.
"sentence of imprisonment" means—
(a) an ACT sentence of imprisonment; or
(b) an interstate sentence of imprisonment; or
(c) where relevant—a Commonwealth sentence of imprisonment.
"State" includes the Northern Territory.
"translated sentence" means a sentence of imprisonment deemed by section 26 to have been imposed on a person by a court of the Territory.
(2) Where a justice of a participating State, in the exercise of his or her powers, issues a warrant of commitment while not constituting a court, the sentence of imprisonment imposed by the warrant shall, for this Act, be deemed to have been imposed by a court.
(3) For this Act, a sentence of imprisonment imposed (or originally imposed) by, or by the operation of, an Act or other Territory law, a State or a non-participating Territory shall, except as prescribed by regulations under this Act, be deemed to have been imposed (or originally imposed) by a court of the Territory, or a court of that State or non-participating Territory, as the case may be.
(4) A reference in this Act to a person on whom a sentence of imprisonment has been imposed does not include a reference to a person who has completed serving that sentence.
(5) The following persons on whom a sentence of imprisonment has been imposed are to be taken, for this Act, to have completed serving that sentence:
(a) a person—
(i) who has been released from serving a part of that sentence on parole or upon licence to be at large; and
(ii) in respect of whom action can no longer be taken under a law of the Commonwealth, the Territory, a participating State or a non-participating Territory by way of requiring the person to serve the whole or a part of the remainder of that sentence;
(b) a person—
(i) who has been released from serving the whole or a part of that sentence upon giving a relevant security; and
(ii) in relation to whom—
(A) action can no longer be taken under a law of the Commonwealth, the Territory, a participating State or a non-participating Territory in respect of a breach of a condition of that security; or
(B) action cannot, by reason of the expiration of the security, be taken under any such law by way of requiring the person to serve the whole or a part of that sentence;
(c) a person whose sentence has been remitted in whole under the Crimes Act 1900 , section 434;
(d) a person who, as the result of the exercise of the royal prerogative of mercy, is no longer required to serve the whole or a part of that sentence.