PRISONERS (INTERSTATE TRANSFER) ACT 1982 - SECT 31

PRISONERS (INTERSTATE TRANSFER) ACT 1982 - SECT 31

31—Lawful custody during transit through this State

        (1)         The following provisions apply in relation to a person who passes through this State in the course of being conveyed by an escort from one participating State or Territory to another pursuant to an order made under an interstate law or the Commonwealth Act, or both:

            (a)         while in this State the escort is authorised to hold, take and keep custody of the person for the purpose of conveying him or her to such prison in the participating State or Territory as is specified in the order and there delivering him or her into custody;

            (b)         the manager of any prison in this State is authorised—

                  (i)         on the request of the escort; and

                  (ii)         on delivery to the manager of a copy of the order of transfer certified by the escort to be such a copy,

to receive and detain the person in custody as if he or she were a State prisoner for such period as the escort requests and is reasonably necessary for the purpose of executing the order.

        (2)         Where a manager has the custody of a person under subsection (1)(b), the manager is authorised, upon the request of an escort and production by the escort of the order of transfer relating to the person, to deliver the person into the custody of the escort.