New South Wales Consolidated Acts

INTERNATIONAL TRANSFER OF PRISONERS (NEW SOUTH WALES) ACT 1997 - SECT 7

7 Powers and functions of prison officers, police officers and others

(1) A prison officer, police officer and any other official of this jurisdiction may exercise and perform any function conferred or expressed to be conferred on the official:

(a) by or under the Commonwealth Act or a corresponding law, or

(b) in accordance with any arrangements referred to in section 8.

(2) It is lawful for a prison officer, police officer or other official of this jurisdiction:

(a) to hold and deal with any prisoner in accordance with the terms of a warrant issued under the Commonwealth Act in respect of the prisoner, and

(b) to take any action in respect of a prisoner transferred, or to be transferred, to or from Australia in accordance with the Commonwealth Act that the official is authorised to take by or under that Act.

(3) In this section, a reference to a prison officer is a reference to a correctional officer within the meaning of the Crimes (Administration of Sentences) Act 1999 .

Note: A number of provisions of the Commonwealth Act require State officials to exercise functions. For example, a warrant may be issued under section 30 of the Commonwealth Act requiring a prison officer, police officer or other person to escort a prisoner who is being transferred. A police officer of this jurisdiction may arrest a person escaping from custody under section 56 of the Commonwealth Act.