Commonwealth Numbered Acts

CRIMES AND OTHER LEGISLATION AMENDMENT ACT 1994 No. 182 of 1994 - SECT 29

29.(1) In this section:

"ACT" means the Australian Capital Territory;

"ACT Act" means the Prisoners (Interstate Transfer) Act 1994 of the Australian
Capital Territory;

"ACT prisoner" has the same meaning as in the ACT Act;

"first step" means:

   (a)  the receipt by the Attorney-General of an application for a welfare
        transfer order under section 6 of the Principal Act;

   (b)  the receipt by the Attorney-General of a request for the making of a
        trial transfer order under section 8 or 9 of the Principal Act;

   (c)  the making by the Attorney-General on his or her own motion of an
        application for a trial transfer order under section 8 or 9 of the
        Principal Act;

   (d)  the service of a notice under subsection 14(1) of the Principal Act;

   (e)  the making of an order under subsection 16(1) of the Principal Act;

   (f)  the service of a notice under subsection 16A(1) of the Principal Act;

"joint prisoner" has the same meaning as in the ACT Act;

"State" includes the Northern Territory;

"transfer" means a transfer or proposed transfer under the Principal Act.

(2) In this section, a reference to a transfer between the ACT and a State
includes a reference to a transfer between New South Wales and a State if the
relevant prisoner is serving a sentence of imprisonment in New South Wales
under section 4 of the Removal of Prisoners (Australian Capital Territory) Act
1968.

(3) The amendments made by sections 25 and 28 do not apply to the transfer of
an ACT prisoner or a joint prisoner between the ACT and a State if at the time
of the first step:

   (a)  the Minister has not declared the ACT Act to be the State transfer law
        of the ACT under section 5 of the Principal Act; or

   (b)  the relevant State Governor has not declared the ACT Act to be an
        interstate law for the purposes of the State transfer law of that
        State; or

   (c)  the relevant ACT Minister has not declared that a law of that State is
        an interstate law for the purposes of the ACT Act.