Document ID: chunk:federal_register_of_legislation:C2004A03550:body:0:p57
Version: federal_register_of_legislation:C2004A03550
Segment Type: other
Provision Reference: 
Character Range: 146905–149689

Australia that is in the Protected Zone.".

Removal of Prisoners (Australian Capital Territory) Act 1968

Subsection 3 (1) (definition of "constable"):
Add at the end "and, in section 5b, includes a member of the police force of a State or Territory".

Subsection 3 (1) (definition of "magistrate"):
Add at the end "and, in section 5b, includes:
     (a) a Chief, Police, Stipendiary, Resident or Special Magistrate of a State or Territory (other than the Australian Capital Territory or Jervis Bay Territory); or
     (b) any other Magistrate of a State or Territory (other than the Australian Capital Territory or Jervis Bay Territory) in respect of whose office an annual salary is payable".

After section 5a:
Insert the following section:

Arrest of prisoner unlawfully at large
"5b. (1) A constable may, without warrant, apprehend a person whom

SCHEDULE 1—continued
the constable, with reasonable cause, suspects is a prisoner unlawfully at large.
"(2) The constable shall forthwith take the person before a magistrate.
"(3) If the magistrate is satisfied that the person is a prisoner unlawfully at large, the magistrate may issue a warrant:
     (a) authorising any constable to convey the person to a prison specified in the warrant; and
     (b) directing that the person, having been conveyed to that prison in accordance with the warrant, be detained in prison to undergo the term of imprisonment or other detention that the person is required by law to undergo.
"(4) In this section, 'prisoner unlawfully at large' means a person who is at large (otherwise than by reason of having escaped from lawful custody) at a time when the person is required by law to be in custody for an offence against a law as in force in the Territory.".

Removal of Prisoners (Territories) Act 1923

After section 7:
Insert the following sections:

Sentence ceases to run while escaped prisoner at large
"7a. A person who commits an offence against subsection 7 (2) by escaping shall, upon being returned to lawful custody, undergo, in addition to any punishment imposed for that offence, the punishment that the person would have undergone if the person had not escaped.

Arrest of prisoner unlawfully at large
"7b. (1) A constable may, without warrant, apprehend a person whom the constable, with reasonable cause, suspects is a prisoner unlawfully at large.
"(2) The constable shall forthwith take the person before a Magistrate.
"(3) If the Magistrate is satisfied that the person is a prisoner unlawfully at large, the Magistrate may issue a warrant:
     (a) authorising any constable to convey the person to a prison specified in the warrant; and
     (b) directing that the person, having been conveyed to that prison in accordance with the warrant, be detained in prison to undergo