Commonwealth Consolidated Acts

TRANSFER OF PRISONERS ACT 1983 - SECT 20

             (1)  Where a prisoner upon whom a sentence or sentences of imprisonment has or have been imposed under, and for an offence or offences against, a law of a Territory is transferred, in pursuance of a transfer order, to a State or Territory, then, in the application of the provisions of a law of that State or Territory relating to the reduction or remission of sentences or of minimum terms of imprisonment to the transferred Territory sentence or transferred Territory sentences of the prisoner, the prisoner shall be deemed to be entitled under those provisions, upon his or her being so transferred:

                     (a)  in lieu of any period or periods of reduction or remission of the transferred Territory sentence or transferred Territory sentences to which he or she would otherwise be entitled upon being so transferred--to a period or periods of reduction or remission of the transferred Territory sentence or the transferred Territory sentences equivalent to the period or periods of reduction or remission applicable, immediately before he or she was so transferred, to the sentence or sentences to which the transferred Territory sentence or the transferred Territory sentences is or are attributable; and

                     (b)  in lieu of any period or periods of reduction or remission of a minimum term of imprisonment fixed in relation to the transferred Territory sentence or transferred Territory sentences to which he or she would otherwise be entitled upon being so transferred--to a period or periods of reduction or remission of the minimum term of imprisonment fixed in relation to the transferred Territory sentence or the transferred Territory sentences equivalent to the period or periods of reduction or remission applicable, immediately before he or she was so transferred, to the minimum term of imprisonment fixed in relation to the sentence or sentences to which the transferred Territory sentence or the transferred Territory sentences is or are attributable.

             (2)  Where a prisoner upon whom a sentence or sentences of imprisonment has or have been imposed under, and for an offence or offences against, a law of a State is transferred, in pursuance of a transfer order or a State order of transfer or both, to a Territory, then, in the application of the provisions of a law of that Territory relating to the reduction or remission of sentences or of minimum terms of imprisonment to the transferred State sentence or transferred State sentences of the prisoner, the prisoner shall be deemed to be entitled under those provisions, upon his or her being so transferred;

                     (a)  in lieu of any period or periods of reduction or remission of the transferred State sentence or transferred State sentences to which he or she would otherwise be entitled upon being so transferred--to a period or periods of reduction or remission of the transferred State sentence or the transferred State sentences equivalent to the period or periods of reduction or remission applicable, immediately before he or she was so transferred, to the sentence or sentences to which the transferred State sentence or the transferred State sentences is or are attributable; and

                     (b)  in lieu of any period or periods of reduction or remission of a minimum term of imprisonment fixed in relation to the transferred State sentence or the transferred State sentences to which he or she would otherwise be entitled upon being so transferred--to a period or periods of reduction or remission of the minimum term of imprisonment fixed in relation to the transferred State sentence or transferred State sentences equivalent to the period or periods of reduction or remission applicable, immediately before he or she was so transferred, to the minimum terms of imprisonment fixed in relation to the sentence or sentences to which the transferred State sentence or the transferred State sentences is or are attributable.

             (3)  Except as expressly provided, nothing in this section affects the application, in accordance with section 18:

                     (a)  of the provisions of a law of a State or Territory relating to the reduction or remission of sentences or of minimum terms of imprisonment to the transferred Territory sentence or transferred Territory sentences of a prisoner; or

                     (b)  of the provisions of a law of a Territory relating to the reduction or remission of sentences or of minimum terms of imprisonment to the transferred State sentence or transferred State sentences of a prisoner.