Commonwealth Consolidated Acts

TRANSFER OF PRISONERS ACT 1983 - SECT 8

             (1)  Subject to this section, where:

                     (a)  a warrant for the apprehension of a Commonwealth prisoner serving a federal, Territory or State sentence of imprisonment in a State or Territory has been issued; and

                     (b)  the warrant relates to a charge or charges in respect of an offence or offences against a law of the Commonwealth or of a Territory; and

                     (c)  the Attorney‑General certifies in writing that it is desirable in the interests of the administration of justice that the prisoner be transferred from the State or Territory in which he or she is imprisoned to another State or Territory to stand trial for the charge or charges to which the warrant relates;

the Attorney‑General may, either of his or her own motion or upon written request to do so being made to him or her by the prisoner, apply to a court of summary jurisdiction in the State or Territory in which the prisoner is imprisoned for an order for the transfer of the prisoner to that other State or Territory.

             (2)  The Attorney‑General shall not make an application under subsection (1) for an order for the transfer of a prisoner imprisoned in one State to another State unless the Attorney‑General of that other State has consented, in writing, to the transfer.

             (3)  An application under subsection (1) for an order for the transfer of a prisoner shall be accompanied by a copy of the warrant concerned, by the certificate referred to in paragraph (1)(c) and by such consent (if any) as are required under this section in relation to the transfer.