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s 10

Request for transfer of prisoner to participating State or another Territory

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10 Request for transfer of prisoner to participating State or another Territory

(1)

Where a person the subject of an arrest warrant issued in accordance with the law of a participating State, the Commonwealth or another Territory is a prisoner serving a sentence of imprisonment in the Territory 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 another 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 another 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 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 another Territory to be dealt with according to law, the Minister shall, subject to subsection (3), refer the written request to the

Attorney-General.

(3)

A request made by a prisoner for transfer to a participating

State or to another Territory need not be referred by the Minister to the Attorney-General if it is made within 12 months after a similar request made by the prisoner.

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