Document ID: chunk:federal_register_of_legislation:C2024C00810:section:3:p5
Version: federal_register_of_legislation:C2024C00810
Segment Type: section
Provision Reference: s 3 (pt 5/8)
Character Range: 13932–16413

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, as the case requires.
 (7) For the purposes of this Act, a prisoner shall be taken to have been transferred from one State or Territory to another State or Territory in pursuance of a transfer order from the time when the prisoner arrives, in pursuance of that order, in that other State or Territory.
 (8) For the purposes of this Act, a charge in respect of an offence shall be taken to have been dealt with according to law if:
 (a) the charge has been heard and determined (whether or not there exists any right of appeal or review in respect of the decision given upon that hearing); or
 (b) the charge has been withdrawn or, for any reason, a decision has been taken not to proceed with the charge.
 (9) For the purposes of this Act:
 (a) a transferred sentence of a prisoner who is transferred in pursuance of a transfer order shall be taken to be attributable to the corresponding sentence to which the prisoner was subject immediately before being so transferred; and
 (b) a translated sentence of a prisoner who is transferred in pursuance of a State order of transfer shall be taken to be attributable to the corresponding sentence to which the prisoner was subject immediately before being so transferred.
 (10) A transfer order (other than an order under Part IV) for the transfer of the person upon whom there has been imposed:
 (a) a sentence of imprisonment for contempt of court; or
 (b) a sentence of imprisonment for breach of the privileges of the Parliament of the Commonwealth or of a State; or
 (c) a sentence of imprisonment that involves the periodic detention of the person;
shall not be made or executed while he or she continues to be such a person.
 (11) A transfer order for the transfer of a person upon whom there has been imposed by a court a sentence of imprisonment and who:
 (a) has been released by the court from serving the whole or a part of that sentence upon his or her giving a relevant security, being a relevant security in respect of a breach of a condition in respect of which action may be taken under a law of the Commonwealth, a State or a Territory; or
 (b) is serving a part of that sentence and is entitled, in accordance with the directions or orders of the court, to be released from serving the remainder of that sentence upon his or her giving a relevant security;
shall not be