INTERNATIONAL TRANSFER OF PRISONERS ACT 1997 - SECT 20 Governmental consent to transfer from Australia
INTERNATIONAL TRANSFER OF PRISONERS ACT 1997 - SECT 20
Governmental consent to transfer from Australia(1) If the transfer country consents to the transfer of the prisoner on terms that it proposes, the Attorney - General must:
(a) give any State Ministers and Territory Ministers whose consent is required for the transfer to have appropriate Ministerial consent:
(i) a copy of the application given under section 16; and
(ii) any other information the Attorney - General considers relevant; and
(b) notify the following of the proposed terms on which the transfer country has given consent to the transfer, including the proposed method by which the sentence of imprisonment will be enforced by the transfer country:
(ii) unless earlier notified under subsection 19(2) of those proposed terms--the prisoner (or the prisoner's representative).
(1A) Each Minister concerned may:
(a) advise the Attorney - General of any matters that Minister considers relevant to the processing of the application; and
(b) request the Attorney - General to obtain information from the transfer country that is relevant to that Minister's assessment of the application.
(2) The prisoner or prisoner's representative and each Minister concerned are to advise the Attorney - General as to whether they consent to the transfer on the terms proposed by the transfer country.
(3) The Attorney - General must decide whether to consent to the transfer of the prisoner on the terms proposed by the transfer country.
(4) The Attorney - General must notify the transfer country of his or her decision under subsection (3).
(5) If the Attorney - General decides not to consent to the
transfer on those terms, the Attorney - General may advise the transfer
country in writing that consent may be given if the transfer country proposes
a variation of those terms, including any variation suggested by the Attorney
- General.