Requests for, and order of, transfer
7 Requests for, and order of, transfer
Where the Minister—
receives a written request made by a State prisoner serving a sentence of imprisonment in this State for the transfer of the prisoner to a participating State or to a Territory; and
is of the opinion that the prisoner should be transferred to that
State or Territory, the Minister must—
if the request is for transfer 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; or
if the request is for transfer to a Territory—give to the
Attorney-General of the Commonwealth a written request asking the
Attorney-General to consent to that transfer.
Where the Minister—
—
has, in respect of a request made by a State prisoner for transfer to a participating State, given to the corresponding Minister of the participating State a written request under subsection (1)(c); and
has 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 State prisoner for transfer to a Territory, given to the Attorney-General of the Commonwealth a written request under subsection (1)(d); and
has received from the Attorney-General of the Commonwealth written notice of consent to the transfer of the prisoner to the
Territory, the Minister may issue an order for the transfer of the prisoner to the participating State or the Territory, as the case may be.
Where the Minister—
receives a written request made by a joint prisoner serving a sentence of imprisonment in this State for the transfer of the prisoner to a participating State; and
is of the opinion that the prisoner should be transferred to that
State, the Minister must 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 transfer to a participating State, given to the corresponding Minister of the participating
State a written request under subsection (3); and
has 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 this State and the Minister—
receives a written request made by the prisoner for the transfer of the prisoner to a Territory; and
is of the opinion that the prisoner should be transferred to the
Territory, the Minister may issue an order for the transfer of the prisoner to the
Territory.
A decision to issue, or not to issue, an order under this section is not reviewable by a court or tribunal.
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