Victorian Current Acts

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Lawful custody for transit through Victoria

S. 31(1) amended by No. 16/1991 s. 39(a).

    (1)     Where in relation to a person imprisoned in a participating State or a Territory, an order is made under an interstate law or under the Transfer of Prisoners Act 1983 of the Commonwealth, or both, for the transfer of that person to a participating State or a Territory and in the course of conveying the person to the participating State or Territory pursuant to the order an escort brings the person into Victoria then—

S. 31(1)(a) amended by Nos 10087 s. 3(1)(Sch. 1 item 188), 16/1991 s. 39(b), substituted by No. 12/2014 s. 24.

        (a)     while in Victoria the escort is authorised to hold, take and keep custody of the person for the purpose of conveying the person within Victoria in accordance with the order; and

S. 31(1)(b) amended by No. 16/1991 s. 39(c).

        (b)     any gaoler is authorized upon—

              (i)     the request of the escort; and

              (ii)     delivery to the gaoler by the escort of a copy of the order of transfer certified by the escort to be such a copy—

to receive the person and to detain him in custody as though he were a State prisoner for such time as the escort requests and is reasonably necessary for the purpose of executing the order.

    (2)     Where the gaoler has the custody of a person under paragraph (b) of subsection (1), the gaoler is authorized, upon the request of an escort and production by the escort of the order of transfer relating to the person, to deliver the person into the custody of the escort.

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