Australian Capital Territory Repealed Acts

This legislation has been repealed.

PRISONERS (INTERSTATE TRANSFER) ACT 1993 (REPEALED) - SECT 15

    (1)     Within 14 days after a decision is made under section 14, any of the following persons may apply to the Supreme Court for the review of the decision:

        (a)     the prisoner;

        (b)     the Attorney-General;

        (c)     any other person who has requested or consented to the transfer of the prisoner.

    (2)     On application under subsection (1), the Supreme Court may review the relevant decision.

    (3)     The following persons are entitled to appear, and to be represented, at a review:

        (a)     the prisoner;

        (b)     the Attorney-General;

        (c)     any other person who has requested or consented to the transfer of the prisoner.

    (4)     A prisoner may only be represented at a review by a legal practitioner.

    (5)     For the purposes of a review, the Supreme Court may, by order in writing, direct the gaoler of the relevant prison to bring the prisoner to the specified place of review on a specified date and at a specified time.

    (6)     A review is to be by way of rehearing on the evidence (if any) given before the Magistrates Court and on any additional evidence given before the Supreme Court.

    (7)     On the review of a decision, the Supreme Court may—

        (a)     confirm the decision; or

        (b)     quash the decision and substitute a new decision.

    (8)     For the purpose of giving effect to a substituted decision under subsection (7) (b), the Supreme Court may issue an order for the transfer of the prisoner to a specified participating State or
non-participating Territory.