Commonwealth Numbered Acts

INTERNATIONAL TRANSFER OF PRISONERS ACT 1997 No. 75 of 1997 - SECT 39

(1) A warrant for the transfer of a Tribunal prisoner to Australia authorises
the transfer of the prisoner from the Tribunal country to Australia to
complete serving the sentence of imprisonment imposed by the Tribunal in
accordance with the terms agreed under this Act.

(2) A warrant for transfer to Australia must:

   (a)  specify the name and date of birth of the Tribunal prisoner to be
        transferred; and

   (b)  specify the Tribunal country from which the prisoner is to be
        transferred; and

   (c)  state that the following written consents to the transfer have been
        given:

        (i)    the prisoner's or prisoner's representative's consent (if the
               Attorney-General considers such consent is necessary);

        (ii)   the Tribunal's consent;

        (iii)  appropriate Ministerial consent.

(3) If the prisoner is a Tribunal prisoner other than a Tribunal prisoner who
has been released on parole, the warrant is:

   (a)  to authorise an escort officer to collect the Tribunal prisoner from a
        place (whether in Australia or the Tribunal country) specified in the
        warrant; and

   (b)  if the place is in a Tribunal country, to authorise the escort officer
        to transport the Tribunal prisoner in custody to Australia for
        surrender to a person appointed by the Attorney-General to receive the
        prisoner and, if appropriate, to authorise the appointed person to
        escort the prisoner to the prison, or hospital or other place, in
        Australia where the Tribunal prisoner is to begin to complete serving
        the sentence of imprisonment in accordance with this Act; and

   (c)  if the place is in Australia, to authorise the escort officer to
        escort the Tribunal prisoner to the prison, or hospital or other
        place, in Australia where the prisoner is to begin to complete serving
        the sentence of imprisonment in accordance with this Act; and

   (d)  if the Tribunal prisoner is to be escorted to a prison, to require the
        superintendent of the prison to take the prisoner into custody to be
        dealt with in accordance with the terms agreed under this Act; and

   (e)  if the Tribunal prisoner is to be escorted to a hospital or other
        place, to authorise the detention of the prisoner in that hospital or
        place to be dealt with in accordance with the terms agreed under this
        Act. Note: A prisoner may be transferred from the prison, hospital or
        other place in the State or Territory in which the prisoner begins to
        complete serving a sentence of imprisonment to another prison,
        hospital or other place in the State or Territory or to a prison,
        hospital or other place in another State or Territory. See paragraphs
        46(5)(d), (e) and (i).

(4) If the Tribunal prisoner has been released on parole, the warrant is to
specify any procedures for the transfer of the prisoner to Australia that have
been agreed upon with the Tribunal and to give any necessary authorisations
and directions.

(5) The Attorney-General may give any direction or approval that is necessary
to ensure the warrant is executed in accordance with its tenor.