Commonwealth Consolidated Acts

INTERNATIONAL TRANSFER OF PRISONERS ACT 1997 - SECT 42

The Attorney-General may direct that a sentence of imprisonment imposed on a prisoner by a court or tribunal of a transfer country, or on a Tribunal prisoner by a Tribunal, be enforced on transfer of the prisoner to Australia under this Act:

(a) without any adaptation of the duration of the sentence of imprisonment or its legal nature, or with only such adaptations to the duration of the sentence or its legal nature as the Attorney-General considers are necessary to ensure that enforcement of the sentence is consistent with Australian law (in this Act called the continued enforcement method ); or
(b) by substituting a different sentence of imprisonment for that imposed by the transfer country or Tribunal (in this Act called the converted enforcement method ).