Document ID: chunk:federal_register_of_legislation:C2024C00810:section:16
Version: federal_register_of_legislation:C2024C00810
Segment Type: section
Provision Reference: s 16
Character Range: 41710–44062

16  Return of prisoner for appeal purposes
 (1) Where it appears to a court, or to the Judge of a court, sitting in a State or Territory that the attendance before the court of a person who is undergoing a sentence or sentences of imprisonment in any other State or Territory and who has been transferred to that other State or Territory in pursuance of a transfer order or a State order of transfer or both is necessary for the purposes of a proceeding before the court by way of appeal or review of or in relation to any conviction, judgment, sentence or minimum term of imprisonment or of a proceeding incidental to such a proceeding, the court or Judge may issue an order directed to the Superintendent or other officer in charge of the gaol where the person is undergoing imprisonment requiring him or her to produce the person at the time and place specified in the order.
 (1A) However, subsection (1) does not apply if the transfer order in pursuance of which the person is in that other State or Territory is an order under Part IV.
 (2) An order made under subsection (1) may be served upon the Superintendent or officer to whom it is directed in whatever State or Territory he or she may be and he or she shall thereupon produce, in such custody as he or she thinks fit, the person referred to in the order at the time and place specified in the order.
 (3) Where a person who is undergoing a sentence or sentences of imprisonment in any State or Territory is, in pursuance of an order under this section, produced in another State or Territory, he or she shall, while in that other State or Territory in compliance with that order, be deemed to be undergoing the first‑mentioned sentence or sentences of imprisonment, and the officer in whose custody he or she is has the same powers, in relation to the detention and disposition of that person, as the Superintendent or officer to whom the order was directed has in the first‑mentioned State or Territory.
 (4) Without limiting the generality of paragraph 30(b):
 (a) the powers conferred under this section are in addition to, and not in derogation of, the powers conferred under section 16A of the Service and Execution of Process Act 1901; and
 (b) the powers conferred under that section of that Act are in addition to, and not in derogation of, the powers conferred by this section.