Victorian Consolidated Legislation

Prisoners (Interstate Transfer) Act 1983 - SECT 27

Sentence deemed to have been imposed in this State

27. Sentence deemed to have been imposed in this State



(1) Where under an interstate law an order is issued for the transfer to
Victoria of a person imprisoned in a participating State and the person is
brought into Victoria pursuant to the order, then from the time the person
arrives in Victoria-

   (a)  any State sentence of imprisonment (as defined in the interstate law
        of the participating State) imposed on the person by a court of the
        participating State and any sentence of imprisonment deemed by the
        provision of an interstate law that corresponds to this section to
        have been imposed by a court of the participating State shall be
        deemed to have been imposed on the person; and

   (b)  any direction or order given or made by a court of the participating
        State with respect to when any such State sentence of imprisonment
        shall commence shall, so far as practicable, be deemed to have been
        given or made-

by a corresponding court of Victoria and, except as otherwise provided in this
Act, shall be given effect to in Victoria, and the laws of Victoria shall
apply, as if such a court had had power to impose the sentence and give or
make the direction or order, if any, and did in fact impose the sentence and
give or make the direction or order, if any.

(2) Subsection (1) does not apply to or in respect of a sentence of
imprisonment imposed on a person if the person has completed serving that
sentence.