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s 7

Requests for, and order of, transfer

In force
Part 2Transfer at request of prisoner

7 Requests for, and order of, transfer

(1)

Where the Minister—

(a)

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

(b)

is of the opinion that the prisoner should be transferred to that

State or Territory, the Minister must—

(c)

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

(d)

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.

(2)

Where the Minister—

(a)

(i)

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

(ii)

has received from that Minister written notice of consent to the transfer of the prisoner to the participating State; or

(b)

(i)

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

(ii)

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.

(3)

Where the Minister—

(a)

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

(b)

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.

(4)

Where the Minister—

(a)

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

(b)

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.

(5)

Where a joint prisoner is serving a sentence of imprisonment in this State and the Minister—

(a)

receives a written request made by the prisoner for the transfer of the prisoner to a Territory; and

(b)

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.

(6)

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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