Western Australian Current Regulations

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PRISONERS (INTERSTATE TRANSFER) REGULATIONS 1984 - REG 26

26 .         Escort arrangements

        (1)         Unless there is an agreement to the contrary between — 

            (a)         if the request is for the transfer of a State prisoner to a participating State — the Minister and the corresponding Minister of the participating State; or

            (b)         if the request is for the transfer of a State prisoner to a Territory or for the transfer of a joint prisoner to a participating State or Territory — the Minister and the Attorney‑General of the Commonwealth,

                the cost of and responsibility for transferring a prisoner of a kind described in Column 1 of the Table to this regulation from Western Australia pursuant to an order of transfer of a kind so described in relation to the prisoner shall be borne by the State or the Commonwealth as is specified in Column 2 of the Table opposite the description.

        (2)         In the Table to this regulation, a reference to a sentence includes a reference to concurrent or cumulative sentences.

Table

Column 1

Column 2

Order of transfer of a State prisoner to a participating State or Territory for prisoner’s welfare

Western Australia

Order of transfer to a participating State or Terri‑tory for welfare or trial of — 

            (a)         joint prisoner serving State and Commonwealth sentences of the same length;



Commonwealth

            (b)         joint prisoner serving longer Commonwealth sentence than State sentence; or

            (c)         joint prisoner serving longer State sentence than Commonwealth sentence

Commonwealth



Participating State

Order of transfer of State prisoner to a participating State or Territory to be dealt with according to law of Commonwealth

Commonwealth

Order of transfer of a State prisoner to a participating State or Territory for prisoner’s trial

Participating State

Order of transfer to return prisoner to a participating State or Territory after being dealt with according to law

Western Australia

        [Regulation 26 inserted: Gazette 2 Sep 1988 p. 3396.]



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