Commonwealth Consolidated Acts

TRANSFER OF PRISONERS ACT 1983 - SECT 16D

             (1)  If a security transfer order, or a return transfer order under section 16C, has been made in relation to a prisoner or remand prisoner, the Attorney‑General may make an order in writing for:

                     (a)  the transfer of the prisoner or remand prisoner from the State or Territory in which the prisoner or remand prisoner is in prison to another State or Territory to appear in proceedings before a court in that other State or Territory; and

                     (b)  the transfer of the prisoner or remand prisoner from the other State or Territory back to the first‑mentioned State or Territory as soon as practicable after that appearance has concluded.

             (2)  However:

                     (a)  the Attorney‑General must not make an order under subsection (1) if the Attorney‑General believes on reasonable grounds that it is contrary to the interests of security; and

                     (b)  this section does not apply in relation to the appearance of a remand prisoner in proceedings for the offence with which he or she is charged and for which he or she has been remanded in custody; and

                     (c)  this section does not apply once the prisoner or remand prisoner has been returned to the originating State or Territory (within the meaning of section 16C).

             (3)  In exercising his or her powers under subsection (1) to make an order, the Attorney‑General must have regard to all matters that he or she considers relevant, including, but without limiting the generality of the foregoing:

                     (a)  the administration of justice; and

                     (b)  the welfare of the prisoner or remand prisoner.

             (4)  The Attorney‑General must not make an order under subsection (1) for the transfers of the prisoner or remand prisoner unless both:

                     (a)  the appropriate Minister of the State or Territory in which the prisoner or remand prisoner is in prison at the time the order is made; and

                     (b)  the appropriate Minister of the State or Territory to which the prisoner or remand prisoner is to be transferred to appear in the proceedings;

have consented in writing to the transfers.