Victorian Current Acts Victorian Current ActsS. 33(1) amended by Nos 16/1991 s. 41(a), 48/1997 s. 68.
(1) Any person who, being a person in custody under an order of transfer, escapes or attempts to escape from that custody while he is not within Victoria or the participating State or the Territory to which he was being conveyed under that order is guilty of an indictable offence and is liable to level 6 imprisonment (5 years maximum), to be served after the expiration of any term of imprisonment, penal servitude or detention to which he was subject at the time of his escape or attempt to escape.
S. 33(2) amended by Nos 16/1987 s. 4(3)(Sch. 1 item 19(b)), 48/2006 s. 42(Sch. item 29.2).
(2) Without limiting the generality of section 479C of the Crimes Act 1958 , that section applies to a person—
(a) who is in custody under an order of transfer; and
S. 33(2)(b) amended by No. 16/1991 s. 41(a).
(b) who escapes from that custody while he is not within Victoria or the participating State or the Territory to which he was being conveyed under that order—
in the same way as it applies to a person who escapes from lawful custody while undergoing a sentence involving deprivation of liberty in Victoria.
S. 33(3) inserted by No. 16/1991 s. 41(b).
(3) Subsections (1) and (2) do not apply to a person to whom section 47 of the Crimes Act 1914 of the Commonwealth applies by virtue of section 26(1) or (2) of the Transfer of Prisoners Act 1983 of the Commonwealth.
S. 34 amended by No. 57/1989 s. 3(Sch. item 163.7).