Commonwealth Consolidated Acts

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TRANSFER OF PRISONERS ACT 1983 - SECT 25

Lawful custody of State prisoner in transit in Territory

                   Where:

                     (a)  a State order of transfer of a State is made under a State transfer law for the transfer of a State prisoner or a joint prisoner between that State and another State; and

                     (b)  a person is authorized in accordance with a State transfer law (whether or not that law is a law of that State) to keep that prisoner in custody in a State for the purpose of so transferring the prisoner; and

                     (c)  in the course of so transferring the prisoner, the person brings the prisoner into a Territory;

then:

                     (d)  the person may keep the prisoner in custody in the Territory for purposes in connection with the transfer of the prisoner; and

                     (e)  the prisoner may be detained in the Territory in a prison or in a police station or other premises in which persons awaiting trial may lawfully be detained for such time as is reasonably necessary to facilitate the transfer.



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