Commonwealth Consolidated Acts

INTERNATIONAL TRANSFER OF PRISONERS ACT 1997 - SECT 10

A prisoner (other than a Tribunal prisoner) may be transferred between Australia and a transfer country under this Act if:

(a) the prisoner is eligible for transfer from or to Australia (as the case requires); and
(b) Australia and the transfer country have agreed to the transfer of the prisoner on terms agreed under this Act; and
(c) the prisoner or the prisoner's representative has consented in writing to transfer on those terms; and
(d) appropriate Ministerial consent in writing has been given to transfer on those terms; and
(e) the relevant conditions for transfer of the prisoner are satisfied; and
(f) the transfer of the prisoner is not likely to prevent the surrender of the prisoner to any extradition country known by the Attorney-General to have requested the extradition of the prisoner or to have expressed interest in extraditing the prisoner or that, in the opinion of the Attorney-General, is reasonably likely to request extradition.