Commonwealth Consolidated Acts

INTERNATIONAL TRANSFER OF PRISONERS ACT 1997 - SECT 43

(1)

The sentence of imprisonment to be enforced under the continued enforcement method or converted enforcement method must not be harsher, in legal nature or duration, than the sentence of imprisonment imposed by the transfer country or Tribunal.

(2)

Without limiting subsection (1):

(a) if the sentence of imprisonment imposed by the transfer country or Tribunal is for a determinate period, the sentence of imprisonment to be enforced under this Act must not be for a longer duration than that sentence; and
(b) if the sentence of imprisonment imposed by the transfer country or Tribunal is for an indeterminate period, the sentence of imprisonment to be enforced under this Act is, as far as practicable, to be subject to similar terms affecting the duration of the sentence as those imposed in the transfer country or by the Tribunal; and
(c) the sentence of imprisonment to be enforced under this Act must not be of a kind that involves a more severe form of deprivation of liberty than the sentence of imprisonment imposed by the transfer country or Tribunal.