Document ID: chunk:federal_register_of_legislation:C2023C00237:section:4:p5
Version: federal_register_of_legislation:C2023C00237
Segment Type: section
Provision Reference: s 4 (pt 5/6)
Character Range: 16601–19170

under Article 2, 3, 4 or 5 of the Statute of the Tribunal; or
 (b) an offence in relation to which the Rwanda Tribunal has the power to prosecute persons under Article 2, 3 or 4 of the Statute of the Tribunal; or
 (c) an offence in relation to which the International Residual Mechanism for Criminal Tribunals has the power to prosecute persons under Article 1 of the Statute of the Tribunal.
Tribunal prisoner means a prisoner who is serving a sentence of imprisonment imposed by a Tribunal for a Tribunal offence.
 (2) For the purposes of this Act, the following persons are taken not to be serving a sentence of imprisonment:
 (a) a person who has been released by a court from serving the whole or a part of a sentence of imprisonment on the person giving a security (with or without sureties) by recognisance or otherwise, that the person will comply with conditions relating to the person's behaviour and in relation to whom action can no longer be taken because of a breach of a condition of the security or because of the expiration of the security;
 (b) a person who, through exercise of the Royal prerogative of mercy or other executive prerogative or discretion given by law, is no longer required to serve the whole or part of a sentence of imprisonment;
 (c) a person on whom a sentence of imprisonment has been imposed that has not yet commenced.
 (3) If a sentence of death imposed on a person has been commuted to a term of imprisonment or to imprisonment for life, this Act applies to and in relation to the person as if the sentence of death had been a sentence of imprisonment for that term or for life.
 (4) For the purposes of this Act, a prisoner has community ties with a transfer country if:
 (a) the prisoner's principal place of residence immediately before being sentenced to imprisonment in Australia was in the transfer country; or
 (b) the principal place of residence of a close family member of the prisoner is in the transfer country; or
 (d) the prisoner has a close continuing relationship (involving frequent personal contact and a personal interest in the other person's welfare) with anyone whose principal place of residence is in the transfer country.
 (5) For the purposes of this Act, a prisoner has community ties with a State or a Territory if:
 (a) the prisoner's principal place of residence immediately before being sentenced to imprisonment in the transfer country was in that State or Territory; or
 (b) the principal place of residence of a close family member of the prisoner is in that State or Territory; or
 (d) the