Document ID: chunk:federal_register_of_legislation:C2008C00388:section:3
Version: federal_register_of_legislation:C2008C00388
Segment Type: section
Provision Reference: s 3
Character Range: 4109–5479

3  Removal of prisoners from Territories in certain cases

 (1) Where it appears to the Administrator of a Territory other than the Northern Territory:
 (a) that, by reason of there being no prison in the Territory in which the prisoner can properly undergo his or her sentence, the removal of the prisoner is expedient for his or her safer custody or for the more efficient carriage of his or her sentence into effect; or
 (b) that it is likely that the life of a prisoner undergoing his or her sentence in the Territory will be endangered or his or her health permanently impaired by further imprisonment in the Territory; or
 (c) that the offence was committed wholly or partly beyond the limits of the Territory; or
 (d) that the prisoner belongs to a class of persons who under the law of the Territory are subject to removal under this Act;
he or she may recommend to the Governor‑General that the prisoner be removed to a State or another Territory, there to undergo his or her sentence or the residue thereof.

 (2) Upon the receipt of a recommendation in pursuance of the last preceding subsection the Governor‑General may, with the concurrence of the Government of the State or Territory to which it is proposed to remove the prisoner, order the prisoner to be removed to that State or Territory, there to undergo his or her sentence or the residue thereof.