INTERNATIONAL TRANSFER OF PRISONERS ACT 1997 - SECT 49 Pardon, amnesty or commutation of sentences of imprisonment--prisoners transferred to Australia
INTERNATIONAL TRANSFER OF PRISONERS ACT 1997 - SECT 49
Pardon, amnesty or commutation of sentences of imprisonment--prisoners transferred to Australia(1) During the period in which a sentence of imprisonment is served in Australia by a prisoner transferred to Australia under this Act, the prisoner may be pardoned or granted any amnesty or commutation of sentence of imprisonment that could be granted under Australian law if the sentence of imprisonment had been imposed for an offence against an Australian law.
(2) The Attorney - General is to direct, in a form prescribed by the regulations, that a prisoner must not be detained in custody or otherwise be subjected to detention or supervision in Australia under a sentence of imprisonment imposed by a transfer country enforced under this Act only because of that sentence of imprisonment if, during the period in which the sentence of imprisonment is served in Australia:
(a) the prisoner is pardoned or granted amnesty or commutation of sentence of imprisonment under an Australian law; or
(b) the transfer country notifies the Attorney - General that the prisoner's conviction has been quashed or otherwise nullified or that the prisoner has been pardoned or granted amnesty or commutation of sentence of imprisonment under the law of the transfer country.
(3) The Attorney - General is to direct, in a form prescribed by the regulations, that a prisoner must not be detained in custody or otherwise be subjected to detention or supervision in Australia under a sentence of imprisonment imposed by a Tribunal enforced under this Act only because of that sentence of imprisonment if, during the period in which the sentence is served in Australia:
(a) the Tribunal notifies the Attorney - General that the prisoner may be pardoned or granted amnesty or commutation of sentence of imprisonment under an Australian law and the prisoner is granted such amnesty or commutation of sentence of imprisonment; or
(b) the Tribunal notifies the Attorney - General that the prisoner's conviction has been quashed or otherwise nullified or that the prisoner has been pardoned or granted amnesty or commutation of sentence of imprisonment by the Tribunal.