INTERNATIONAL TRANSFER OF PRISONERS ACT 1997 - SECT 39 Warrants for transfer to Australia

INTERNATIONAL TRANSFER OF PRISONERS ACT 1997 - SECT 39

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

  (2)   A warrant for transfer to Australia must:

  (a)   specify the name and date of birth of the Tribunal prisoner to be transferred; and

  (b)   specify the Tribunal country from 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 (if the Attorney - General considers such consent is necessary);

  (ii)   the Tribunal's consent;

  (iii)   appropriate Ministerial consent.

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

  (a)   to authorise an escort officer to collect the Tribunal prisoner from a place (whether in Australia or the Tribunal country) specified in the warrant; and

  (b)   if the place is in a Tribunal country, to authorise the escort officer to transport the Tribunal prisoner in custody to Australia for surrender to a person appointed by the Attorney - General to receive the prisoner and, if appropriate, to authorise the appointed person to escort the prisoner to the prison, or hospital or other place, in Australia where the Tribunal prisoner is to begin to complete serving the sentence of imprisonment in accordance with this Act; and

  (c)   if the place is in Australia, to authorise the escort officer to escort the Tribunal prisoner to the prison, or hospital or other place, in Australia where the prisoner is to begin to complete serving the sentence of imprisonment in accordance with this Act; and

  (d)   if the Tribunal prisoner is to be escorted to a prison, to require the superintendent of the prison to take the prisoner into custody to be dealt with in accordance with the terms agreed under this Act; and

  (e)   if the Tribunal prisoner is to be escorted to a hospital or other place, to authorise the detention of the prisoner in that hospital or place to be dealt with in accordance with the terms agreed under this Act.

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).

  (4)   If the Tribunal prisoner has been released on parole, the warrant is to specify any procedures for the transfer of the prisoner to Australia that have been agreed upon with the Tribunal and to give any necessary authorisations and directions.

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