Victorian Current Acts

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PRISONERS (INTERSTATE TRANSFER) ACT 1983 - SECT 27

Sentence deemed to have been imposed in this State

    (1)     Where under an interstate law an order is issued for the transfer to Victoria of a person imprisoned in a participating State and the person is brought into Victoria pursuant to the order, then from the time the person arrives in Victoria—

S. 27(1)(a) substituted by No. 16/1991 s. 36(b).

        (a)     any State sentence of imprisonment (as defined in the interstate law of the participating State) imposed on the person by a court of the participating State and any sentence of imprisonment deemed by the provision of an interstate law that corresponds to this section to have been imposed by a court of the participating State shall be deemed to have been imposed on the person; and

S. 27(1)(b) amended by No. 16/1991 s. 36(c).

        (b)     any direction or order given or made by a court of the participating State with respect to when any such State sentence of imprisonment shall commence shall, so far as practicable, be deemed to have been given or made—

by a corresponding court of Victoria and, except as otherwise provided in this Act, shall be given effect to in Victoria, and the laws of Victoria shall apply, as if such a court had had power to impose the sentence and give or make the direction or order, if any, and did in fact impose the sentence and give or make the direction or order, if any.

S. 27(2) inserted by No. 16/1991 s. 36(d).

    (2)     Subsection (1) does not apply to or in respect of a sentence of imprisonment imposed on a person if the person has completed serving that sentence.



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