Document ID: chunk:federal_register_of_legislation:C2024C00810:section:3:p4
Version: federal_register_of_legislation:C2024C00810
Segment Type: section
Provision Reference: s 3 (pt 4/8)
Character Range: 11697–14135

that first‑mentioned State, means a State sentence of imprisonment that, in accordance with the provisions of the State transfer law of the second‑mentioned State that correspond to the provisions of Part V of this Act, is taken to have been imposed upon that prisoner under a law of that second‑mentioned State.
trial transfer order means an order for the transfer of a prisoner of the kind referred to in section 8 or 9.
welfare transfer order means an order for the transfer of a prisoner made under section 6.
 (2) For the purposes of this Act, a complementary State order of transfer corresponds to a transfer order if the first‑mentioned order is made for the same purposes as the second‑mentioned order.
 (3) A reference in this Act to a person upon whom a sentence of imprisonment has been imposed does not include a reference to a person who has completed serving that sentence.
 (4) The following persons upon whom a sentence of imprisonment has been imposed shall be taken, for the purposes of this Act, to have completed serving that sentence:
 (a) a person:
 (i) who has been released from serving a part of that sentence on parole or upon licence to be at large; and
 (ii) in respect of whom action can no longer be taken under a law of the Commonwealth, a State or a Territory by way of requiring him or her to serve the whole or a part of the remainder of that sentence;
 (b) a person:
 (i) who has been released by a court from serving the whole or a part of that sentence upon his or her giving a relevant security; and
 (ii) in relation to whom action can no longer be taken under a law of the Commonwealth, a State or a Territory by reason of a breach of a condition of that security or by reason of the expiration of the security;
 (c) a person who, as the result of the exercise of the Royal prerogative of mercy, is no longer required to serve the whole or a part of that sentence.
 (5) A reference in this Act to a sentence shall be construed as including a reference to any direction or order given or made by the court imposing the sentence with respect to the commencement of the sentence.
 (6) Where 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, as the case requires.
 (7) For the purposes of this Act,