Commonwealth Consolidated Acts

INTERNATIONAL TRANSFER OF PRISONERS ACT 1997 - SECT 36

(1)

Before consenting to the transfer of a Tribunal prisoner to Australia, the Attorney-General is to determine the State or Territory in which it would be most appropriate for the prisoner to begin to complete serving the sentence of imprisonment imposed on the prisoner by the Tribunal in Australia and to seek the consent of the State or Territory Minister concerned.

(2)

The Attorney-General is to provide the Minister with details of any information that the Tribunal has given the Attorney-General and particulars of the method by which the Attorney-General considers the sentence of imprisonment could be enforced by Australia and any other proposed terms of the transfer.

(3)

The Minister is to advise the Attorney-General in writing as to whether the Minister consents to the transfer on the terms proposed as soon as possible after receiving the notification.

(4)

If the Minister refuses to consent to the transfer, the Attorney-General may request consent to transfer of the prisoner to another State or Territory from the appropriate State or Territory Minister.

(5)

If a State Minister or Territory Minister consents to the transfer, the Minister is to advise the Attorney-General of:

(a) the prison, or hospital or other place, in which the prisoner is to begin to complete serving the sentence of imprisonment in accordance with this Act in the State or Territory; and
(b) in the case of a prisoner who has been released on parole—any recommended terms or conditions on which the prisoner is to complete serving the sentence of imprisonment in accordance with this Act; and
(c) any other matters the Minister considers relevant to enforcement of the sentence of imprisonment in the State or Territory.

Note: A prisoner may be transferred from the prison, hospital or other place in the State or Territory in which the prisoner begins to complete serving a sentence of imprisonment to another prison, hospital or other place in the State or Territory or to a prison, hospital or other place in another State or Territory. See paragraphs 46(5)(d), (e) and (i).