Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts27. (1) Where, in relation to a translated sentence, a court of the relevant participating State has fixed a minimum term of imprisonment (being a shorter term than the translated sentence) during which the person subject to the sentence is not entitled to be released on parole, then, subject to this Act, the minimum term is deemed to have been fixed by the corresponding court of the Territory.
(2) Where a translated sentence or a minimum term deemed under subsection (1) to have been fixed by a corresponding court of the Territory—
(a) is varied or quashed on review by (or appeal to) a court of the relevant participating State—the sentence or minimum term is deemed to have been varied to the same extent, or to have been quashed, by a corresponding court of the Territory; or
(b) otherwise is varied or ceases to have effect as a result of action taken by any person or authority in that participating State—the sentence is deemed to have been varied to the same extent, or to have ceased to have effect, as a result of action taken by an appropriate person or authority in the Territory.
(3) Nothing in this Act operates to permit in the Territory any appeal against or review of any conviction, judgment, sentence or minimum term made, imposed or fixed in relation to a person by a court of a participating State.
(4) Where a translated sentence is an indeterminate sentence requiring that the person who is the subject of the sentence be detained during the pleasure of the Queen or of the Governor of the participating State in which the sentence was imposed, the person shall be detained during the pleasure of the Governor-General.
(5) If a person is subject to a translated sentence—
(a) the Executive may grant a pardon to the person under section 557 of the Crimes Act 1900 ; or
(b) the Governor-General may exercise the royal prerogative of mercy in favour of the person;
as if the person were an offender convicted in a court of the Territory, or convicted within the Territory before a judge or magistrate of the Territory.
(6) If a person is subject to a translated sentence, and the Governor of the participating State in which the sentence of imprisonment was imposed on the person has given an indication as to what he or she may have done had the person not been transferred to the Territory—
(a) the Executive may give effect to that indication in granting a pardon to that person under section 557 of the Crimes Act 1900 ; or
(b) the Governor-General may give effect to that indication in exercising the royal prerogative of mercy in favour of that person.
(7) Subsection (5) does not apply in relation to the conviction of a person for an offence against a law of a non-participating Territory, but that does not prevent the Governor-General from exercising the royal prerogative of mercy pursuant to subsection 24 (2) of the Commonwealth Act in relation to that conviction.
(8) A person who is subject to a translated sentence is deemed to have served in the Territory such period of the translated sentence as, up to the time of transfer to the Territory, the person has served in respect of that sentence in a participating State, including—
(a) any period deemed by the provision of an interstate law that corresponds to this subsection to have been served in a participating State; and
(b) any period spent in custody while being transferred to a prison in the Territory.
(9) A person who is subject to a translated sentence is, subject to subsection (10), deemed to be entitled under a remission instrument to any remission of his or her translated sentence for which, up to the time of transfer to the Territory, the person was eligible in respect of that sentence of imprisonment in the participating State, including any remission of sentence deemed by an interstate law to have been earned in a participating State.
(10) For the purposes of subsection (9), a remission of a translated sentence is not to be taken into account where—
(a) the person subject to the sentence was eligible for remission up to the time of his or her transfer to the Territory; and
(b) the remission is attributable to a part of the sentence not served or not to be served in the participating State from which that person was transferred.
(11) Any remission of a translated sentence under a remission instrument, except a remission referred to in subsection (9), is to be calculated from the time of arrival in the Territory of the person subject to that sentence.