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PAROLE ORDERS (TRANSFER) ACT 1983 - SECT 9

Effect of registration

    (1)     Subject to this section, while a parole order (including a parole order that was, at any time, in force in this State) is registered under this Act, the laws of this State apply to and in relation to the parole order and the person to whom the parole order relates.

    (2)     If the parole order registered under this Act was made under a law of another State or a Territory, the laws of this State apply under subsection (1) as if—

        (a)     each sentence of imprisonment to which the person to whom the parole order relates was subject immediately before the making of the parole order had been imposed by the appropriate court of this State;

        (b)     each period of imprisonment served by that person for the purpose of each such sentence had been served for the purpose of the sentence imposed by the appropriate court of this State; and

        (c)     the parole order had been made and were in force under a law of this State.

S. 9(2A) inserted by No. 10/2013 s. 46(1).

    (2A)     Without limiting subsections (1) and (2), the person to whom the parole order relates may be dealt with under the law of this State in relation to any breach of the conditions of the parole order that occurred before it was registered under this Act.

S. 9(3) substituted by Nos 67/1998 s. 11, 10/2013 s. 46(2).

    (3)     For the purposes of subsection (2), the appropriate court of this State is—

        (a)     if the sentence of imprisonment referred to in subsection (2)(a) was imposed by a court of summary jurisdiction or by a court on appeal from a court of summary jurisdiction, the Magistrates' Court; and

        (b)     in any other case, the Supreme Court.

S. 9(4) repealed by No. 10/2013 s. 46(3).

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