Commonwealth Consolidated Acts

INTERNATIONAL TRANSFER OF PRISONERS ACT 1997 - SECT 22

(1)

A warrant for the transfer of a prisoner from Australia authorises the transfer of the prisoner from Australia to the transfer country to complete serving the sentence of imprisonment in accordance with the terms agreed under this Act.

(2)

A warrant for transfer from Australia must:

(a) specify the name and date of birth of the prisoner to be transferred; and
(b) specify the transfer country to which the prisoner is to be transferred; and
(c) state that the following written consents to the transfer have been given:
(i) the prisoner's or prisoner's representative's consent;
(ii) the transfer country's consent;
(iii) appropriate Ministerial consent.

(3)

If the prisoner is a prisoner other than a prisoner who has been released on parole, the warrant is:

(a) to require the superintendent of the prison, or the person in charge of the hospital or other place, in which the prisoner is serving the sentence of imprisonment to release the prisoner into the custody of a person specified in the warrant; and
(b) to authorise the person to take the prisoner to a place in Australia and, if necessary, to detain the prisoner in custody for the purpose of placing the prisoner in the custody of an escort officer for transport out of Australia; and
(c) to authorise the escort officer to transport the prisoner in custody out of Australia to the transfer country for surrender to a person appointed by the transfer country to receive the prisoner.

(4)

If the prisoner has been released on parole, the warrant is:

(a) to specify any approvals, authorities, permissions or variations to the parole or other order or licence to be at large that have been made under an Australian law; and
(b) to specify any procedures for the transfer of the prisoner to the transfer country that have been agreed upon with the transfer country and to give any necessary authorisations and directions.

(5)

The Attorney-General may give any direction or approval that is necessary to ensure that the warrant is executed in accordance with its tenor.