Commonwealth Numbered Acts

TRANSFER OF PRISONERS ACT 1983 NO. 95 OF 1983 - SECT 10

10. (1) Subject to this section, a court of summary jurisdiction shall hear
and determine an application for a trial transfer order made to it under
section 8 or 9.

(2) Where, in a proceeding before a court of summary jurisdiction under this
section with respect to an application for a trial transfer order, the court
is satisfied that the applicant for that transfer order is entitled to make
the application, the court-

   (a)  shall, for the purposes of that proceeding, make an order directed to
        the Superintendent or other officer in charge of the prison where the
        prisoner to whom the application relates is detained requiring him to
        produce the prisoner at a time and place specified in the order; and

   (b)  shall not continue with the hearing of the proceeding except in the
        presence of the prisoner.

(3) Where an order under sub-section (2) for the production of a prisoner is
served on the Superintendent or officer to whom it is directed, the
Superintendent or officer, as the case may be, shall-

   (a)  cause a copy of the order to be given to the prisoner forthwith; and

   (b)  produce the prisoner, in such custody as he thinks fit, in accordance
        with the order.

(4) Where a court of summary jurisdiction to which an application for a
trial transfer order has been made under section 8 or 9 is satisfied that the
applicant for that transfer order is entitled to make that application, the
court shall grant the application unless it is satisfied that-

   (a)  the charge concerned is of a trivial nature;

   (b)  the application has not been made in good faith in the interests of
        the administration of justice;

   (c)  the transfer of the prisoner in pursuance of such a trial
        transfer order would be likely to prejudice the conduct of any
        proceeding in which the prisoner is, or is likely to be, an appellant
        or an applicant for review or of any proceeding incidental to such a
        proceeding; or

   (d)  for any reason, it would be unjust or oppressive to grant the
        application,
and if it is satisfied as to a matter referred to in a paragraph of this
sub-section, it shall refuse to grant the application.

(5) Where a court of summary jurisdiction grants an application for a trial
transfer order, it shall make the order to which the application relates.

(6) A trial transfer order made under sub-section (5) shall not come into
force-

   (a)  if application for review of the decision to grant the application for
        that transfer order is not made under sub-section 11 (1) within a
        period of 14 days after the decision comes to the notice of the
        prisoner-until the expiration of that period; or

   (b)  if application for review of such a decision is made under sub-section
        11 (1) within the period referred to in paragraph (a)-unless and until
        the decision is affirmed.

(7) Where a court of summary jurisdiction makes a decision under this section
granting, or refusing to grant, an application for a trial transfer order, the
court shall cause a copy of that decision to be served on the prisoner to whom
the decision relates.

(8) A copy of a decision served on a prisoner in accordance with sub-section
(7) shall be accompanied by a statement informing the prisoner that if he is
dissatisfied with the decision he may, in accordance with section 11 of this
Act, make application to the Supreme Court of the State or Territory in which
he is imprisoned for a review of that decision.