Requests for, and orders of, transfer
5 Requests for, and orders of, transfer
Where the Minister:
receives a written request made by a Territory prisoner serving a sentence of imprisonment in the Territory for the transfer of the prisoner to a participating State or to another Territory; and
is of the opinion that the prisoner to whom the request relates should be transferred to the participating State or other Territory;
the Minister shall:
where the request is for the transfer of the prisoner to a participating State – give to the corresponding Minister of the participating State a written request asking that Minister to accept the transfer of the prisoner to the participating State; and
where the request is for the transfer of the prisoner to another
Territory – give to the Attorney-General of the Commonwealth a written request asking the Attorney-General of the Commonwealth to consent to that transfer.
Where the Minister:
has:
in respect of a request made by a Territory prisoner for a transfer to a participating State, given to the corresponding
Minister of the participating State a written request under subsection (1)(c); and
received from that Minister written notice of consent to the transfer of the prisoner to the participating State; or
has:
in respect of a request made by a Territory prisoner for a transfer to another Territory, given to the Attorney-General of the
Commonwealth a written request under subsection (1)(d); and
received from the Attorney-General of the Commonwealth written notice of consent to the transfer of the prisoner to that other
Territory;
the Minister may issue an order for the transfer of the prisoner to the participating State or other Territory, as the case may be.
Where the Minister:
receives a written request made by a joint prisoner serving a sentence of imprisonment in the Territory for the transfer of the prisoner to a participating State; and
is of the opinion that the prisoner to whom the request relates should be transferred to the participating State;
the Minister shall give to the corresponding Minister of the participating State a written request asking that Minister to accept the transfer of the prisoner to that participating State.
Where the Minister has:
in respect of a request by a joint prisoner for a transfer to a participating State, given to the corresponding Minister of the participating State a written request under subsection (3); and
received from that Minister written notice of consent to the transfer of the prisoner to the participating State;
the Minister may issue an order for the transfer of the prisoner to the participating State.
Where a joint prisoner is serving a sentence of imprisonment in the Territory and the Minister:
receives a written request made by the prisoner for the transfer of the prisoner to another Territory; and
is of the opinion that the prisoner to whom the request relates should be transferred to that other Territory;
the Minister may issue an order for the transfer of the prisoner to that other Territory.
A decision to issue, or not to issue, an order under this section is not reviewable by a court or tribunal.
This Act’s bill:Second reading speech
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