Commonwealth Numbered Acts

TRANSFER OF PRISONERS ACT 1983 NO. 95 OF 1983 - SECT 16

16. (1) Where it appears to any court of a State or Territory or to any Judge
of such a court that the attendance before the court of a person who is
undergoing a sentence or sentences of imprisonment in any other State or
Territory and who has been transferred to that other State or Territory in
pursuance of a transfer order or a State order of transfer or both is
necessary for the purposes of a proceeding before the court by way of appeal
or review of or in relation to any conviction, judgment, sentence or minimum
term of imprisonment or of a proceeding incidental to such a proceeding, the
court or Judge may issue an order directed to the Superintendent or other
officer in charge of the gaol where the person is undergoing imprisonment
requiring him to produce the person at the time and place specified in the
order.

(2) An order made under sub-section (1) may be served upon the Superintendent
or officer to whom it is directed in whatever State or Territory he may be and
he shall thereupon produce, in such custody as he thinks fit, the person
referred to in the order at the time and place specified in the order.

(3) Where a person who is undergoing a sentence or sentences of imprisonment
in any State or Territory is, in pursuance of an order under this section,
produced in another State or Territory, he shall, while in that other State or
Territory in compliance with that order, be deemed to be undergoing the
first-mentioned sentence or sentences of imprisonment, and the officer in
whose custody he is has the same powers, in relation to the detention and
disposition of that person, as the Superintendent or officer to whom the order
was directed has in the first-mentioned State or Territory.

(4) Without limiting the generality of paragraph 30 (b)-

   (a)  the powers conferred under this section are in addition to, and not in
        derogation of, the powers conferred under section 16A of the Service
        and Execution of Process Act 1901; and

   (b)  the powers conferred under that section of that Act are in addition
        to, and in derogation of, the powers conferred by this section.