Commonwealth Consolidated Acts

TRANSFER OF PRISONERS ACT 1983 - SECT 12

                   Where:

                     (a)  a trial transfer order has been made in respect of a prisoner serving a sentence of imprisonment in a State or Territory; and

                     (b)  an application for the revocation of the trial transfer order is made to a court of summary jurisdiction of that State or Territory by the applicant for that trial transfer order or the prisoner; and

                     (c)  the court is, having regard to:

                              (i)  any evidence not reasonably available to the court that made the trial transfer order or, if there was a review by a court under section 11 of the decision to make the trial transfer order, that court; or

                             (ii)  any change in a matter material to the making of the trial transfer order;

                            satisfied as to a matter referred to in a paragraph of subsection 10(4) or is satisfied that the warrant referred to in section 8 or 9, as the case requires, has been withdrawn or has expired;

the court may, by order in writing served, at any time before the commencement of the execution of the trial transfer order, upon the Superintendent or other officer in charge of the prison in which the prisoner is detained, revoke the trial transfer order.