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s 12

Request for transfer to participating State

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Part 3Transfer for trial

12 Request for transfer 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 this State 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 a request for the transfer of a 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 his 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 his 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.

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