Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Where, in relation
to a person imprisoned in a participating State or a Territory, an order is
made under an interstate law or under the Transfer of Prisoners Act 1983
of the Commonwealth, or both, for the transfer of that person to a
participating State or Territory and in the course of conveying the person to
the participating State or Territory pursuant to the order an escort brings
the person into Western Australia, then —
(a)
while in Western Australia the escort is authorised to hold, take and keep
custody of the person for the purpose of conveying him from Western Australia
to such prison in the participating State or Territory as is specified in the
order and there delivering him into the custody of the gaoler or
superintendent; and
(b) any
superintendent is authorised upon —
(i)
the request of the escort;
(ii)
delivery to the superintendent by the escort of a copy of
the order of transfer certified by the escort to be such a copy; and
(iii)
subject to the approval of the chief executive officer,
to receive the person
and to detain him in custody as though he were a State prisoner for such time
as the escort requests and is reasonably necessary for the purpose of
executing the order.
(2) Where a
superintendent has the charge of a person under subsection (1)(b), the
superintendent is authorised, upon the request of an escort and production by
the escort of the order of transfer relating to the person, to deliver the
person into the custody of the escort.
[Section 29 amended by No. 72 of 1986
s. 21; No. 47 of 1987 s. 24; No. 113 of 1987 s. 32.]