Commonwealth Consolidated Acts

INTERNATIONAL TRANSFER OF PRISONERS ACT 1997 - SECT 13

(1)

A prisoner (other than a Tribunal prisoner) is eligible for transfer to Australia from a transfer country under this Act if the prisoner:

(a) is an Australian citizen; or
(b) is permitted to travel to, enter and remain in Australia indefinitely pursuant to the Migration Act 1958 and has community ties with a State or a Territory.

Note: Community ties with a State or Territory is defined in subsection 4(5).

(2)

If a request is made for the transfer of a prisoner (other than a Tribunal prisoner) to Australia, the Attorney-General must consult with the Immigration Minister about whether the prisoner:

(a) is eligible under subsection (1) for a transfer to Australia; or
(b) is likely to be eligible under subsection (1) for a transfer to Australia at a future time specified by the Attorney-General for the purposes of the consultation.