Document ID: chunk:federal_register_of_legislation:C2008C00388:section:8
Version: federal_register_of_legislation:C2008C00388
Segment Type: section
Provision Reference: s 8
Character Range: 10774–12459

8  Return of removed prisoner

 (1) Where a prisoner has been removed in pursuance of this Act, the Governor‑General, or the Government of the State or Territory to which the prisoner has been so removed, may order the prisoner, for the purpose of undergoing the residue of his or her sentence, to be returned to the Territory from which he or she was removed.

 (2) If the Governor‑General, or the Government of the State or Territory to which a prisoner is removed under this Act, requires the prisoner to be returned for discharge to the Territory from which he or she was removed, the prisoner shall, as prescribed, be returned to that Territory for the purpose of being there discharged at the expiration of his or her sentence.

 (3) Where:
 (a) a person has been removed to a State or Territory in pursuance of this Act; and
 (b) he or she is discharged in that State or Territory at the expiration of his or her sentence or he or she is released from custody in that State or Territory in pursuance of a licence granted under section eight A of this Act or an order made under section ten A of this Act; and
 (c) his or her return to the Territory from which he or she was removed would not result, or be likely to result, in a failure by him or her to comply with a condition applicable to such a licence or to such an order; and
 (d) his or her return to the Territory from which he or she was removed would not be unlawful;
he or she is entitled, on making application in such manner and within such time as is prescribed, to be sent free of cost from the place at which he or she was discharged or released from custody to the Territory from which he or she was removed.