s. 28 (2) Where a translated sentence or a non-parole S. 28(2) period deemed under subsection (1) to have been amended by Nos 16/1991 fixed by a corresponding court of Victoria— s. 37(a), 49/1991 (a) is varied or quashed on a review by or appeal s. 119(7 to a court of the participating State where the (Sch. 4 item 16.4). sentence or non-parole period was imposed or fixed, the sentence or non-parole period shall be deemed to have been varied to the same extent, or to have been quashed, by a corresponding court of Victoria; 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 shall be 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 Victoria. S. 28(3) (3) Nothing in this Act operates to permit in any amended by appeal against or review of any conviction, No. 49/1991 judgment, sentence or non-parole period made, s. 119(7) (Sch. 4 imposed or fixed in relation to a person by a court item 16.4). of a participating State. S. 28(4) (4) Where a translated sentence is an indeterminate amended by sentence requiring that the person who is the No. 16/1991 subject of the sentence be detained during the s. 37(a). pleasure of Her Majesty or during the pleasure of the Governor of the participating State in which the sentence was imposed, the person shall be detained during the Governor's pleasure. (5) The Governor— (a) may exercise the royal prerogative of mercy S. 28(5)(a) amended by in favour of a person who is subject to a No. 16/1991 translated sentence as if the person were— s. 37(a). (i) an offender convicted in a court of Victoria; or
S. 28(2) amended by Nos 16/1991 s. 37(a), 49/1991 s. 119(7 (Sch. 4 item 16.4). (2) Where a translated sentence or a non-parole period deemed under subsection (1) to have been fixed by a corresponding court of Victoria— (a) is varied or quashed on a review by or appeal to a court of the participating State where the sentence or non-parole period was imposed or fixed, the sentence or non-parole period shall be deemed to have been varied to the same extent, or to have been quashed, by a corresponding court of Victoria; 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 shall be 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 Victoria. S. 28(3) amended by No. 49/1991 s. 119(7) (Sch. 4 item 16.4). (3) Nothing in this Act operates to permit in any appeal against or review of any conviction, judgment, sentence or non-parole period made, imposed or fixed in relation to a person by a court of a participating State. S. 28(4) amended by No. 16/1991 s. 37(a). (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 Her Majesty or during the pleasure of the Governor of the participating State in which the sentence was imposed, the person shall be detained during the Governor's pleasure. (5) The Governor— S. 28(5)(a) amended by No. 16/1991 s. 37(a). (a) may exercise the royal prerogative of mercy in favour of a person who is subject to a translated sentence as if the person were— (i) an offender convicted in a court of Victoria; or s. 28