Commonwealth Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

TRANSFER OF PRISONERS ACT 1983 NO. 95 OF 1983 - SECT 12

Revocation of trial transfer orders

12. Where-

   (a)  a trial transfer order has been made in respect of a prisoner serving
        a sentence of imprisonment in a State or Territory;

   (b)  an application for the revocation of the trial transfer order is made
        to a court of summary jurisdiction of that State or Territory by the
        applicant for that trial transfer order or the prisoner; and

   (c)  the court is, having regard to-

        (i)    any evidence not reasonably available to the court that made
               the trial transfer order or, if there was a review by a court
               under section 11 of the decision to make the
               trial transfer order, that court; or

        (ii)   any change in a matter material to the making of the trial
               transfer order,

satisfied as to a matter referred to in a paragraph of sub-section 10 (4) or
is satisfied that the warrant referred to in section 8 or 9, as the case
requires, has been withdrawn or has expired,
the court may, by order in writing served, at any time before the commencement
of the execution of the trial transfer order, upon the Superintendent or other
officer in charge of the prison in which the prisoner is detained, revoke the
trial transfer order. 


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback