Commonwealth Consolidated Acts

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INTERNATIONAL TRANSFER OF PRISONERS ACT 1997 - SECT 17

Preliminary consideration of application for transfer

(1)
The Attorney-General is to forward a copy of the application:

(a) to the State Minister of the State, or Territory Minister of the Territory, in which the prisoner is serving the sentence of imprisonment; and
(b) to any other State or Territory Minister or Ministers whose consent to the transfer is required under this Act.

(2)
A Minister to whom an application is forwarded may advise the Attorney-General of any matter the Minister considers relevant to the processing of the application.

(3)
A Minister to whom an application is forwarded may request the Attorney-General to obtain information from the transfer country that is relevant to the Minister's assessment of the application.

(4)
The Attorney-General is to notify a transfer country of any application for transfer to that country and may request the transfer country to indicate its provisional views on the application, including the method by which it is likely that the sentence of imprisonment would be enforced by the transfer country if, following a formal request for transfer, it consents to the transfer.

(5)
The Attorney-General may provide the transfer country with:

(a) details of any request for extradition of the prisoner that has been made under the Extradition Act 1988 or of any expression of interest in extradition made by another country or of any country that, in the opinion of the Attorney-General, may wish to extradite the prisoner; and
(b) any other information the Attorney-General considers may assist the transfer country in giving its provisional views on the proposed transfer.



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