Commonwealth Numbered Acts

TRANSFER OF PRISONERS ACT 1983 NO. 95 OF 1983 - SECT 21

21. Where a prisoner is serving a transferred sentence that is attributable to
a sentence of default imprisonment and the whole or any part of the total
amount in default of payment of which that sentence of default imprisonment
was imposed is paid by or on behalf of the prisoner to the Superintendent or
other officer in charge of the prison in which the prisoner is imprisoned-

   (a)  the transferred sentence shall-

        (i)    upon receipt of the whole of that total amount by the
               Superintendent or other officer, by force of this sub-section,
               expire forthwith; or

        (ii)   except in a case where, but for the transfer of the prisoner,
               the sentence of default imprisonment imposed on the prisoner
               would have expired only on payment of the whole of that total
               amount-upon receipt of part of that total amount, be reduced,
               by force of this sub-section, by a period that bears to the
               total sentence of default imprisonment the same proportion as
               the amount paid bears to the total amount; and

   (b)  the Superintendent or other officer shall, forthwith upon receipt of
        the amount by him, remit the amount-

        (i)    in a case where the sentence of default imprisonment was
               imposed under a law of the Commonwealth or a Territory-to the
               Attorney-General;

        (ii)   in a case where the sentence of default imprisonment was
               imposed under a law of a State-to the appropriate Minister of
               that State; and

        (iii)  in a case where the sentence of default imprisonment was
               imposed under Part IVA of the Service and Execution of Process
               Act 1901-

                (A)  if the sentence was imposed by reason of the non-payment
                     of the whole or a part of a fine that had been imposed
                     for an offence against a law of the Commonwealth or of a
                     Territory-to the Attorney-General; or

                (B)  if the sentence was imposed by reason of the non-payment
                     of the whole or a part of a fine that had been imposed
                     for an offence against a law of a State-to the
                     appropriate Minister of that State.