Commonwealth Consolidated Acts

REMOVAL OF PRISONERS (TERRITORIES) ACT 1923 - SECT 8AA

             (1)  A person shall not be removed from a Territory pursuant to a warrant under subsection 4(1), if the Attorney‑General has directed in writing that this Act is not to apply in relation to that removal.

             (2)  The Attorney‑General shall not give a direction under subsection (1) in relation to the removal of a person from a Territory unless the Attorney‑General is of the opinion that action to remove the person from the Territory should be taken under the Transfer of Prisoners Act 1983 .

             (3)  The Attorney‑General may, either generally or as otherwise provided in the instrument of delegation, by writing signed by the Attorney‑General, delegate to an officer of the Attorney‑General's Department the power of the Attorney‑General to give a direction under subsection (1).

             (4)  A power delegated under subsection (3), when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Attorney‑General.

             (5)  A delegation under subsection (3) does not prevent the exercise of a power by the Attorney‑General.