Document ID: chunk:federal_register_of_legislation:C2024C00810:section:14:p1
Version: federal_register_of_legislation:C2024C00810
Segment Type: section
Provision Reference: s 14 (pt 1/3)
Character Range: 35887–38514

14  Return of prisoner
 (1) Where a prisoner is, in pursuance of a trial transfer order or a State order of transfer or both, transferred to a State or Territory to stand trial for a charge in respect of an offence against a law of the Commonwealth or of that State or Territory, the Attorney‑General shall, if:
 (a) the Attorney‑General is satisfied that that charge and such other charges (if any) as have been laid against the prisoner (whether before or after the prisoner was so transferred):
 (i) in respect of offences against laws of the Commonwealth that are triable in that State or Territory; or
 (ii)  in respect of offences against laws of that State or Territory;
  have been finally dealt with according to law; and
 (b) the prisoner is, upon that charge or those charges having been so dealt with, a Commonwealth prisoner; and
 (c) the prisoner has not, upon that charge or those charges having been so dealt with, been sentenced in that State or Territory to a term of imprisonment for an offence against a law of the Commonwealth or of that State or Territory that expires on a day later than the last day of any federal sentence, transferred sentence or translated sentence of the prisoner;
by notice in writing served on the prisoner, inform the prisoner that unless:
 (d) the prisoner applies to the Attorney‑General in accordance with subsection (2) by such date as is specified in the notice, being a date later than 14 days after service of the notice, for an order declaring the prisoner to be an exempt prisoner; and
 (e) the Attorney‑General makes that order;
the Attorney‑General may make an order in writing for the transfer of the prisoner from that State or Territory back to the State or Territory from which he or she has been transferred in pursuance of that trial transfer order or order of transfer.
 (2) Subject to this section, upon application made to the Attorney‑General by a prisoner upon whom a notice has been served under subsection (1), the Attorney‑General may, in his or her discretion, make an order declaring the prisoner to be an exempt prisoner.
 (3) An application made by a prisoner under subsection (2) shall set out such matters with respect to the welfare of the prisoner as the prisoner considers relevant.
 (4) In exercising his or her powers under subsection (2) to make an order declaring a prisoner to be an exempt prisoner, the Attorney‑General shall have regard to all matters that he or she considers relevant, including, but without limiting the generality of the foregoing:
 (a) the administration of justice; and
 (b) the welfare of the prisoner.
 (5) Where a