Queensland Consolidated Acts

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PRISONERS (INTERSTATE TRANSFER) ACT 1982 - SECT 2

2 Definitions

In this Act--

arrest warrant means a warrant to apprehend, a warrant to arrest or a warrant to commit a person to prison, but does not include--

(a) such a warrant, where the term of imprisonment which the person to be apprehended, arrested or committed under the warrant is liable to serve is default imprisonment; or
(b) a warrant to secure the attendance of a witness.

Attorney-General, for the Northern Territory, means the person holding ministerial office under the Northern Territory (Self-Government) Act 1978 (Cwlth), section 36 who is designated under that Act as the holder of the office of Attorney-General.

Commonwealth sentence of imprisonment means a sentence of imprisonment for an offence against a law of the Commonwealth or of a Territory.

corresponding court of Queensland, for a court of a participating State, means a Queensland court declared under section 5 to be a court corresponding to the court of the participating State.

corresponding Minister, for a participating State, means the Minister of that State who is responsible for the administration of the interstate law of that State.

default imprisonment means imprisonment in default of--

(a) payment of any fine, penalty, costs or other sum of money of any kind imposed or ordered to be paid by any court, judge or justice; or
(b) entering into a recognisance to keep the peace or to be of good behaviour.

Governor, for the Australian Capital Territory, means--

(a) in this section, definition indeterminate sentence and in section 27(4)--the Governor-General;
(b) in section 27(5)(b)--the Governor-General, or the Executive within the meaning of the Australian Capital Territory (Self-Government) Act 1988 (Cwlth).

indeterminate sentence means a sentence of or order or direction for imprisonment or detention for life or during the pleasure of Her Majesty or during the pleasure of the Governor-General, the Governor or the Governor of a participating State, and includes such a sentence, order or direction imposed, made or given by, or by the operation of, an Act or other law.

indictment includes an information.

interstate law means a law declared under section 5 to be an interstate law.

joint prisoner see section 2A.

Magistrates Court means a Magistrates Court constituted by a magistrate sitting alone.

Minister means the Minister administering the Corrective Services Act 2006.

order of transfer means an order issued under section 6, 14, 15(6) or 19 for the transfer of a prisoner to a participating State.

participating State means any State in which there is in force an interstate law.

prison means a corrective services facility under the Corrective Services Act 2006.

prisoner means a State prisoner or a joint prisoner.

prison officer means a person who holds an appointment as a corrective services officer under the Corrective Services Act 2006.

relevant security, in relation to a person, means a security given by the person, with or without sureties, by recognisance or otherwise, that the person will comply with conditions relating to the person's behaviour.

sentence of imprisonment see section 2B.

State includes the Australian Capital Territory and Northern Territory.

State prisoner means a person upon whom a State sentence of imprisonment has been imposed, but does not include a person upon whom a Commonwealth sentence of imprisonment has been imposed.

State sentence of imprisonment means a sentence of imprisonment for an offence against a law of Queensland, including a sentence by which default imprisonment is ordered, an indeterminate sentence and a translated sentence, but does not include detention under any Act relating to the punishment of persons who committed offences when they were under the age of 17 years.

Territory means--

(a) the territory of Norfolk Island; or
(b) the territory of Christmas Island; or
(c) the territory of Cocos Island;

and includes a territory to which the Transfer of Prisoners Act 1983 (Cwlth) is extended, but does not include the Australian Capital Territory or Northern Territory.

translated sentence means a sentence of imprisonment deemed by section 26 to have been imposed on a person by a court of Queensland.



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