New South Wales Consolidated Acts

PRISONERS (INTERSTATE TRANSFER) ACT 1982 - SECT 12

12 Request for transfer of prisoner to participating State

(1) Where a person who is the subject of an arrest warrant issued in accordance with the law of a participating State, the Commonwealth or a Territory is a prisoner serving a sentence of imprisonment in New South Wales and the Attorney General receives:

(a) from:

(i) in the case of an arrest warrant issued in accordance with the law of a participating State-the Attorney-General of the participating State, or

(ii) in the case of an arrest warrant issued in accordance with the law of the Commonwealth or a Territory-the Attorney-General of the Commonwealth,

a written request, accompanied by a copy of the warrant, or

(b) a written request made by the prisoner to the Minister and referred to the Attorney General,

being in any case a request for the transfer of the prisoner to a participating State or to a Territory to be dealt with according to law, the Attorney General shall either refuse to consent, or consent, to the transfer and shall give to the Attorney-General of the participating State, the Attorney-General of the Commonwealth or to the Minister, as the case may be, written notice of the Attorney General’s refusal or consent.

(2) Where the Minister receives a written request made by a prisoner for the transfer of the prisoner to a participating State, or to a Territory to be dealt with according to law, the Minister shall refer the written request to the Attorney General.

(3) A request made by a prisoner for transfer to a participating State, or to a Territory need not be referred by the Minister to the Attorney General if it is made within one year of a similar request made by the prisoner.