Commonwealth Consolidated Acts

TRANSFER OF PRISONERS ACT 1983 - SECT 16A

             (1)  Where:

                     (a)  a prisoner is transferred to a State or Territory under an order made under section 16 to attend a proceeding in that State or Territory; and

                     (b)  the Attorney‑General is satisfied that the proceeding (including any retrial that may have been ordered and any appeal or review arising from that proceeding or any such retrial) has been dealt with according to law; and

                     (c)  the prisoner has not been sentenced in that State or Territory to a term of imprisonment for an offence against a law of the Commonwealth or of that State or Territory that expires on a day later than the last day of any federal sentence, transferred sentence or translated sentence of the prisoner;

the Attorney‑General shall serve a notice on the prisoner under subsection (2).

             (2)  A notice shall state that unless:

                     (a)  the prisoner applies to the Attorney‑General under subsection (3) by such date as is specified in the notice for an order declaring the prisoner to be an exempt prisoner; and

                     (b)  the Attorney‑General makes that order;

the Attorney‑General will make an order for the transfer of the prisoner from that State or Territory back to the State or Territory from which the prisoner has been transferred under section 16.

             (3)  Subject to this section, upon application made to the Attorney‑General by a prisoner upon whom a notice has been served, the Attorney‑General may make an order declaring the prisoner to be an exempt prisoner.

             (4)  An application shall set out such matters with respect to the welfare of the prisoner as the prisoner considers relevant.

             (5)  The Attorney‑General shall, in deciding whether to make an order declaring a prisoner to be an exempt prisoner, have regard to all matters that the Attorney‑General considers relevant, including, but without limiting the generality of the foregoing:

                     (a)  the administration of justice; and

                     (b)  the welfare of the prisoner.

             (6)  The Attorney‑General shall not make an order declaring a prisoner who is serving a sentence of imprisonment in a State to be an exempt prisoner unless the appropriate Minister of that State has consented in writing to the making of that order.

             (7)  Where:

                     (a)  a prisoner fails to apply in accordance with a notice for an order declaring the prisoner to be an exempt prisoner; or

                     (b)  a prisoner applies for such an order in accordance with a notice but the Attorney‑General refuses to make the order;

the Attorney‑General shall make the order for the transfer of the prisoner that is set out in the notice unless:

                     (c)  the Attorney‑General has ceased to be satisfied with respect to the matter referred to in paragraph (1)(b); or

                     (d)  paragraph (1)(c) has ceased to apply in relation to the prisoner.

             (8)  A return transfer order under this section shall come into force on a day specified in the order, being a day not later than 7 days after it is made.

             (9)  For the purposes of this section, a sentence of imprisonment for an indeterminate period shall be taken to expire on a later day than the last day of any sentence of imprisonment for a finite period.