Commonwealth Consolidated Acts

INTERNATIONAL TRANSFER OF PRISONERS ACT 1997 - SECT 14

(1)

The conditions for transfer from Australia of a prisoner (other than a mentally impaired prisoner) are satisfied if:

(a) neither the sentence of imprisonment imposed by the Australian court nor the conviction on which it is based is subject to appeal; and
(b) subject to subsection (3), the acts or omissions constituting the offence on account of which the prisoner is serving the sentence in Australia would, if the acts or omissions had occurred in the transfer country, have constituted an offence in the transfer country; and
(c) if the sentence of imprisonment is determinate—on the day of receipt of the request for transfer at least 6 months of the prisoner's sentence remains to be served (whether or not the prisoner has been released on parole), or a shorter period remains to be served and the Attorney-General has determined that, in the circumstances, transfer for a shorter period is acceptable.

(2)

The conditions for transfer from Australia of a mentally impaired prisoner are satisfied if:

(a) neither the sentence of imprisonment imposed by the Australian court nor the acquittal or finding of unfitness to stand trial on which it is based is subject to appeal; and
(b) subject to subsection (3), the acts or omissions constituting the offence:
(i) in respect of which the prisoner was charged but acquitted on the ground of mental impairment or found unfit to stand trial; and
(ii) on account of which the prisoner is serving the sentence in Australia;
would, if the acts or omissions had occurred in the transfer country, have constituted an offence in the transfer country; and
(c) if the sentence of imprisonment is determinate—on the day of receipt of the request for transfer at least 6 months of the prisoner's sentence remains to be served (whether or not any review affecting the duration of the sentence is pending), or a shorter period remains to be served and the Attorney-General has determined that, in the circumstances of the case, transfer for a shorter period is acceptable.

(3)

The Attorney-General may determine that the requirements of subsection (1)(b) or (2)(b) need not be satisfied in a particular prisoner's case.