Commonwealth Consolidated Acts

TRANSFER OF PRISONERS ACT 1983 - SECT 31

             (1)  A court before which there are instituted:

                     (a)  proceedings by way of appeal against, or review of, a conviction, judgment, sentence or minimum term of imprisonment made, imposed or fixed in relation to a person in respect of whom a transfer order has been made; or

                     (b)  proceedings by way of the retrial of such a person;

may, if it is satisfied that it would be unjust or oppressive not to do so, make orders (including interim orders) in relation to the application of the provisions of this Act to the person as if the provisions of this Act were modified in such manner as the court thinks fit, and may, at any time, vary or rescind an order so made.

             (2)  Without limiting the generality of subsection (1), orders made under that subsection in relation to a person may make provision for:

                     (a)  the transfer of the person from one State or Territory to another State or Territory; and

                     (b)  the re‑calculation of any sentence imposed upon the person, of any minimum term of imprisonment fixed in relation to any such sentence or of the remission or reduction of any such sentence or minimum term of imprisonment; and

                     (c)  staying or suspending the operation of any provision of this Act or of any action taken under a provision of this Act.

             (3)  A reference in this section to the provisions of this Act includes a reference to the provisions of any other law of the Commonwealth or of any law of a State or Territory in their application for the purposes of this Act.

             (4)  In this section, modification includes the addition or omission of a provision or the substitution of a provision for another provision.

             (5)  The powers conferred by this section upon a court are in addition to, and not in derogation of, any other powers of that court.