Commonwealth Consolidated Acts

TRANSFER OF PRISONERS ACT 1983 - SECT 24

             (1)  Subject to this section, this Act does not affect the exercise of the Royal prerogative of mercy.

             (2)  Where a prisoner is transferred to a State in pursuance of a transfer order, the Royal prerogative of mercy may:

                     (a)  in relation to any conviction for an offence against a law of a Territory; or

                     (b)  in relation to a transferred sentence attributable to a sentence imposed in respect of such an offence;

be exercised by the Queen or the Governor of that State as if that offence were an offence against the law of that State.

             (3)  Where a prisoner is transferred to a Territory in pursuance of a transfer order, the Royal prerogative of mercy may:

                     (a)  in relation to any conviction for an offence against a law of a State or a Territory other than that Territory; or

                     (b)  in relation to a transferred sentence attributable to a sentence imposed in respect of such an offence;

be exercised by the Queen or the Governor‑General as if that offence were an offence against the law of the Territory to which the prisoner has been transferred.

             (4)  The reference in subsection (2) to the Governor of a State is, in respect of the Australian Capital Territory, a reference to the Governor‑General.