Commonwealth Consolidated Acts

INTERNATIONAL TRANSFER OF PRISONERS ACT 1997 - SECT 44

(1)

In ordering that a sentence of imprisonment be enforced by the continued enforcement method or the converted enforcement method, the Attorney-General may, subject to section 43, give such directions as the Attorney-General considers appropriate as to the duration and legal nature of the sentence of imprisonment as it is to be enforced under this Act.

(2)

Without limiting subsection (1), directions may be made:

(a) as to entitlements to release on parole (including any non-parole period) of the prisoner or Tribunal prisoner following transfer; and
(b) if the prisoner is a mentally impaired prisoner—as to any review to be undertaken of the mental condition of the prisoner and treatment to be provided to the prisoner following transfer.

(3)

For the purpose of forming an opinion or exercising a discretion under this section, the Attorney-General may inform himself or herself as the Attorney-General thinks fit and, in particular, may have regard to the following:

(a) any submissions made by the transfer country or Tribunal;
(b) any views expressed by any State Minister or Territory Minister concerned with the proposed transfer;
(c) any views expressed by parole or prison authorities of any State or Territory;
(d) the sentence of imprisonment that might have been imposed if the acts and omissions constituting the offence had been committed in Australia;
(e) any limitations or requirements in relation to the way in which a sentence of imprisonment imposed by a transfer country or Tribunal may be enforced in Australia arising from any agreement to which Australia and the transfer country or Tribunal are parties.