Document ID: chunk:federal_register_of_legislation:F2011L01402:body:0:p2
Version: federal_register_of_legislation:F2011L01402
Segment Type: other
Provision Reference: 
Character Range: 2682–5485

imprisonment in the Transferring Party.

ARTICLE 2
GENERAL PROVISIONS

(1) The Parties undertake to afford each other the widest measure of cooperation in respect of the transfer of sentenced persons in accordance with the provisions of this Treaty.

(2) The Parties may, in accordance with the provisions of this Treaty, transfer a sentenced person to each other to enforce the sentence imposed against the person in the territory of the Receiving Party.

ARTICLE 3
CENTRAL AUTHORITIES

(1) The Central Authorities of the Parties shall process requests for transfer in accordance with the provisions of this Treaty.

(2) The Central Authorities referred to in paragraph (1) of this Article shall be the Australian Government Attorney-General's Department for Australia and the Ministry of Justice for the People's Republic of China. Should either Party change its designated Central Authority, it shall notify the other Party of such change in writing through diplomatic channels.

(3) The Central Authorities shall communicate directly with each other for the purpose of this Treaty.

ARTICLE 4
CONDITIONS FOR TRANSFER

A sentenced person may be transferred only if:

(a) the conduct on account of which the sentence was imposed against the sentenced person also constitutes an offence under the laws of the Receiving Party;

(b) the sentenced person is a national of the Receiving Party. In exceptional circumstances both Parties can agree to waive this condition;

(c) the sentenced person has at least one year remaining to be served at the time of the request for transfer. In exceptional cases, the Parties may agree to a transfer even if the remaining period of time to be served by the sentenced person is less than one year;

(d) the judgment is final and no further legal proceedings relating to the offence, or any other offence, are pending in the Transferring Party; and

(e) the Transferring and Receiving Parties and the sentenced person all agree to the transfer. Where in view of age, or physical or mental condition of the sentenced person, either Party considers it necessary, the sentenced person's consent may be given by the person's legal representative. The transfer, including terms relating to the recovery of any costs which may be incurred, must be consented to in writing by the sentenced person or their legal representative.

ARTICLE 5
DECISION TO TRANSFER

Each party may determine at its discretion whether or not to agree to the transfer requested by the other Party.

ARTICLE 6
NOTIFICATION

(1) The Parties shall endeavour to inform sentenced persons of the substance of this Treaty.

(2) The sentenced person shall be kept informed in writing of the progress of their application for transfer.

ARTICLE 7
REQUEST AND REPLY

(1) A sentenced person may apply to