Commonwealth Numbered Acts

TRANSFER OF PRISONERS ACT 1983 NO. 95 OF 1983 - SECT 17

PART V-EFFECT OF TRANSFER ORDER

17. (1) A transfer order shall direct that the prisoner to whom the transfer
order relates be removed to the State or Territory mentioned in the order,
and, for that purpose, be delivered into the custody of a person named or
described in the order and be held in custody and conveyed to such prison in
that State or Territory as is specified in the order.

(2) Upon production to him of a transfer order, the Superintendent or other
officer in charge of the prison where the prisoner to whom the transfer order
relates is imprisoned shall deliver the prisoner into the custody of the
person named or described in the order.

(3) Where a prisoner to whom a transfer order relates is delivered, in
pursuance of sub-section (2) into the custody of a person named or described
in that order, that person-

   (a)  shall keep the prisoner in custody for purposes in connection with the
        transfer of the prisoner; and

   (b)  shall deliver the prisoner into the custody of the Superintendent or
        other officer in charge of the prison specified in that order.

(4) A prisoner to whom a transfer order relates may, in the course of being
transferred in pursuance of that transfer order, be detained in any State or
Territory in a prison or in a police station or other premises in which
persons awaiting trial may lawfully be detained for such time as is reasonably
necessary to facilitate the transfer.

(5) A transfer order relating to a person who is a joint prisoner has no
effect-

   (a)  to the extent that, but for this sub-section, it authorizes or
        requires the doing of any act or thing under this Act in relation to
        that person in his capacity as a person upon whom a
        State sentence of imprisonment has been imposed; and

   (b)  unless and until a complementary State order of transfer corresponding
        to the transfer order is in force in respect of the person.

(6) A transfer order has no effect to the extent that it purports to authorize
the transfer of a State prisoner from a State to another State or to a
Territory.

(7) The Commonwealth may, for the purpose of enabling officers or employees of
a State to carry out functions in relation to the execution of transfer
orders, enter into such arrangements with that State as are necessary to
secure the services of those officers or employees for that purpose.