Necessary consents
11 Necessary consents
An order of transfer shall be issued under this Part only if:
the Attorney-General has, in writing, consented to the transfer of the prisoner to whom the order relates to the participating State or other Territory, as the case may be;
in the case of a request for the transfer of a prisoner to a participating State (including a prisoner to whom paragraph (c)(ii) applies) – the Attorney-General of the participating State has, in writing, either consented to or requested the transfer; and
in the case of:
a request for the transfer of a prisoner to another Territory; or
a request for the transfer of a prisoner for the purpose of being dealt with in respect of an arrest warrant issued in accordance with the law of the Commonwealth,
the Attorney-General of the Commonwealth has, in writing, either consented to or requested the transfer.
A certificate signed by a prescribed officer certifying that a consent or request required under subsection (1) for the transfer of a prisoner to a participating State, or to another
Territory, specified in the certificate has been given or made is, in the absence of evidence to the contrary, proof that the consent or request has been given or made.
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