Commonwealth Consolidated Acts

TRANSFER OF PRISONERS ACT 1983 - SECT 9

             (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 in a State, being, in the case of a prisoner serving a sentence of imprisonment in a State, a State other than the State in which he or she is imprisoned; and

                     (b)  the warrant relates to a charge or charges in respect of an offence or offences against a law of the State in which the warrant was issued; and

                     (c)  the Attorney‑General of the State in which the warrant was issued 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 the State in which the warrant was issued to stand trial for the charge or charges to which the warrant relates;

that Attorney‑General may, 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 the State in which the warrant was issued.

             (2)  The Attorney‑General of a State shall not make an application under subsection (1) for an order for the transfer of a Commonwealth prisoner imprisoned in another State or in a Territory to the first‑mentioned State unless he or she has obtained the consent, in writing, of the Attorney‑General of the Commonwealth 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 the consent required under this section in relation to the transfer.