Law and Justice Legislation Amendment Act 1997 (34 of 1997)

Schedule 14   Amendment of the Service and Execution of Process Act 1992

8   After Division 2 of Part 5

Insert:

Division 2A - Transit through State in execution of warrant

94A Application of Division

This Division applies if:

(a) a warrant authorises the taking of a person (the prisoner ) to a place in the State in which the warrant was issued (the issuing State ); and

(b) for the purpose of taking the prisoner to that place, it is necessary or convenient for the prisoner to be taken into a State (the transit State ) other than the issuing State.

94B Effect of warrant

The warrant has the same effect in the transit State as it has in the issuing State.

94C Applicable laws relating to escape from custody

The law in force in the issuing State relating to the liability of a prisoner who escapes from lawful custody applies to the prisoner in relation to anything done by the prisoner while the prisoner is in the transit State.

94D Powers of person executing the warrant

While the prisoner is in the transit State, the person executing the warrant:

(a) has the same powers of detention and disposition of the prisoner as the person would have in the issuing State; and

(b) has power to do anything else that he or she could lawfully do in the issuing State for the purpose of executing the warrant.