Document ID: chunk:federal_register_of_legislation:C2024C00810:section:3:p7
Version: federal_register_of_legislation:C2024C00810
Segment Type: section
Provision Reference: s 3 (pt 7/8)
Character Range: 18455–20967

of imprisonment (in this subsection referred to as the prior sentence); and
 (b) the person is transferred in pursuance of a transfer order;
then, for the purposes of subsection (15) and of this subsection, the direction shall be deemed, on and after the transfer of that person, to have fixed that commencement by reference to the transferred sentence or translated sentence attributable to the prior sentence.
 (17) A sentence, order or direction referred to in any of the following paragraphs shall be taken, for the purposes of this Act, to be a sentence of imprisonment imposed for the offence referred to in that paragraph:
 (a) a sentence of imprisonment imposed on a person convicted of an offence in default of his or her giving a relevant security in relation to that conviction;
 (b) a sentence of imprisonment imposed in default of payment of a fine ordered to be paid upon the conviction of a person for an offence;
 (c) a sentence of, or an order or direction for, the imprisonment or detention of a person during the pleasure of the Sovereign, the Governor‑General, a Governor of a State or the Administrator of a Territory made upon the conviction of that person for an offence on the ground (in whatever terms expressed) that the person has been declared to be a habitual criminal;
 (d) an order or direction for the imprisonment or detention of a person during the pleasure of the Sovereign, the Governor‑General, the Governor of a State or the Administrator of a Territory upon the acquittal of the person of an offence on the ground of unsoundness of mind or insanity, being an order or direction by virtue of which the person is detained in a prison.
 (18) A reference in this Act to a conviction of a person for an offence includes a reference to an acquittal of that person of the offence on the ground of unsoundness of mind or insanity.
 (19) A reference in this Act to the Governor of a State includes a reference:
 (a) in the case of a State other than the Northern Territory—to any person exercising and performing all the powers and functions of the Governor of that State; and
 (b) in the case of the Northern Territory—to the Administrator of the Northern Territory, and to any person exercising and performing all the powers and functions of the Administrator of the Northern Territory.
 (20) A reference in this Act to the Administrator of a Territory includes a reference to a person exercising and performing all the powers and functions of the Administrator of that Territory.