Document ID: chunk:federal_register_of_legislation:F2007L00845:body:0:p3
Version: federal_register_of_legislation:F2007L00845
Segment Type: other
Provision Reference: 
Character Range: 5341–8153

writing, of any action taken by the Government of the United States of America or the Government of Australia under the preceding paragraphs, as well as of any decision taken by either Government on a request for transfer under Paragraph 4.

Paragraph 4 – Requests and replies

1. Requests for transfer and replies, including denials of and agreements to transfer, are to be made by the Government of Australia or the Government of the United States of America in writing.

2. Requests and replies are to be communicated through the Secretary of the Attorney‑General's Department for the Government of Australia and the Legal Advisor to the Appointing Authority for Military Commissions for the Government of the United States of America.

3. Either Government may deny a request for transfer.

Paragraph 5 – Supporting documents

1. Where a request for transfer has been made and not denied, the Government of the United States of America is to provide the Government of Australia with the following information:
          1. a statement advising of the identity and nationality of the prisoner, referencing the document relied upon to establish these facts;
          2. a statement of facts upon which the sentence was based;
          3. the termination date of the sentence, the length of time already served by the prisoner and any credits to which he or she is entitled as a result of circumstances, including on account of good behavior and other reasons;
          4. a certified copy of all judgments, sentences and determinations provided for in the Military Commissions Act of 2006 and the United States Code concerning the prisoner from the date of his detention in the custody of the United States of America, and the law of which such judgments, sentences and determinations are based;
          5. any medical or social reports on the prisoner, information about any such  treatment he or she has received while in the custody of the United States of America, and any recommendation for his or her further such treatment in Australia; and
          6. any additional information requested by the Government of Australia, that is relevant to the transfer of the prisoner under this Arrangement.

Paragraph 6 – Conditions for transfer

    1. Any transfer under this Arrangement is to be on the following conditions:
          1. the prisoner is a national of Australia;
          2. the sentence imposed on the prisoner by a United States military commission is one of imprisonment;
         c. the judgment is final;
         d. the Government of the United States of America and the Government of Australia and the prisoner all consent to the transfer provided that where in view of his age or physical or mental condition either Party considers it necessary, the prisoner's consent may be given