Commonwealth Numbered Acts

TRANSFER OF PRISONERS ACT 1983 NO. 95 OF 1983 - SECT 20

20. (1) Where a prisoner upon whom a sentence or sentences of imprisonment has
or have been imposed under, and for an offence or offences against, a law of a
Territory is transferred, in pursuance of a transfer order, to a State or
Territory, then, in the application of the provisions of a law of that State
or Territory relating to the reduction or remission of sentences or of minimum
terms of imprisonment to the transferred Territory sentence or transferred
Territory sentences of the prisoner, the prisoner shall be deemed to be
entitled under those provisions, upon his being so transferred-

   (a)  in lieu of any period or periods of reduction or remission of the
        transferred Territory sentence or transferred Territory sentences to
        which he would otherwise be entitled upon being so transferred-to a
        period or periods of reduction or remission of the
        transferred Territory sentence or the transferred Territory sentences
        equivalent to the period or periods of reduction or remission
        applicable, immediately before he was so transferred, to the sentence
        or sentences to which the transferred Territory sentence or the
        transferred Territory sentences is or are attributable; and

   (b)  in lieu of any period or periods of reduction or remission of a
        minimum term of imprisonment fixed in relation to the
        transferred Territory sentence or transferred Territory sentences to
        which he would otherwise be entitled upon being so transferred-to a
        period or periods of reduction or remission of the
        minimum term of imprisonment fixed in relation to the
        transferred Territory sentence or the transferred Territory sentences
        equivalent to the period or periods of reduction or remission
        applicable, immediately before he was so transferred, to the
        minimum term of imprisonment fixed in relation to the sentence or
        sentences to which the transferred Territory sentence or the
        transferred Territory sentences is or are attributable.

(2) Where a prisoner upon whom a sentence or sentences of imprisonment has or
have been imposed under, and for an offence or offences against, a law of a
State is transferred, in pursuance of a transfer order or a State order of
transfer or both, to a Territory, then, in the application of the provisions
of a law of that Territory relating to the reduction or remission of sentences
or of minimum terms of imprisonment to the transferred State sentence or
transferred State sentences of the prisoner, the prisoner shall be deemed to
be entitled under those provisions, upon his being so transferred-

   (a)  in lieu of any period or periods of reduction or remission of the
        transferred State sentence or transferred State sentences to which he
        would otherwise be entitled upon being so transferred-to a period or
        periods of reduction or remission of the transferred State sentence or
        the transferred State sentences equivalent to the period or periods of
        reduction or remission applicable, immediately before he was so
        transferred, to the sentence or sentences to which the
        transferred State sentence or the transferred State sentences is or
        are attributable; and

   (b)  in lieu of any period or periods of reduction or remission of a
        minimum term of imprisonment fixed in relation to the
        transferred State sentence or the transferred State sentences to which
        he would otherwise be entitled upon being so transferred-to a period
        or periods of reduction or remission of the
        minimum term of imprisonment fixed in relation to the
        transferred State sentence or transferred State sentences equivalent
        to the period or periods of reduction or remission applicable,
        immediately before he was so transferred, to the minimum terms of
        imprisonment fixed in relation to the sentence or sentences to which
        the transferred State sentence or the transferred State sentences is
        or are attributable.

(3) Except as expressly provided, nothing in this section affects the
application, in accordance with section 18-

   (a)  of the provisions of a law of a State or Territory relating to the
        reduction or remission of sentences or of minimum terms of
        imprisonment to the transferred Territory sentence or
        transferred Territory sentences of a prisoner; or

   (b)  of the provisions of a law of a Territory relating to the reduction or
        remission of sentences or of minimum terms of imprisonment to the
        transferred State sentence or transferred State sentences of a
        prisoner.