Commonwealth Consolidated Acts

TRANSFER OF PRISONERS ACT 1983 - SECT 21

                   Where a prisoner is serving a transferred sentence that is attributable to a sentence of default imprisonment and the whole or any part of the total amount in default of payment of which that sentence of default imprisonment was imposed is paid by or on behalf of the prisoner to the Superintendent or other officer in charge of the prison in which the prisoner is imprisoned:

                     (a)  the transferred sentence shall:

                              (i)  upon receipt of the whole of that total amount by the Superintendent or other officer, by force of this subsection, expire forthwith; or

                             (ii)  except in a case where, but for the transfer of the prisoner, the sentence of default imprisonment imposed on the prisoner would have expired only on payment of the whole of that total amount--upon receipt of part of that total amount, be reduced, by force of this subsection, by a period that bears to the total sentence of default imprisonment the same proportion as the amount paid bears to the total amount; and

                     (b)  the Superintendent or other officer shall, forthwith upon receipt of the amount by him or her, remit the amount:

                              (i)  in a case where the sentence of default imprisonment was imposed under a law of the Commonwealth or a Territory--to the Attorney‑General; and

                             (ii)  in a case where the sentence of default imprisonment was imposed under a law of a State--to the appropriate Minister of that State; and

                            (iii)  in a case where the sentence of default imprisonment was imposed under Part 7 of the Service and Execution of Process Act 1992 :

                                        (A)  if the sentence was imposed by reason of the non‑payment of the whole or a part of a fine that had been imposed for an offence against a law of the Commonwealth or of a Territory--to the Attorney‑General; or

                                        (B)  if the sentence was imposed by reason of the non‑payment of the whole or a part of a fine that had been imposed for an offence against a law of a State--to the appropriate Minister of that State.