Document ID: chunk:federal_register_of_legislation:F2016L00535:schedule:1:p1
Version: federal_register_of_legislation:F2016L00535
Segment Type: schedule
Provision Reference: sch 1 (pt 1/7)
Character Range: 3717–6868

Schedule 1—Agreement between the Government of Australia and the Government of the Republic of India Concerning Transfer of Sentenced Persons
Note: See section 6.

The Government of Australia and the Government of the Republic of India ("the Contracting States");

Taking into consideration the laws and regulations in force regarding law enforcement of the Contracting States and the desirability of enhancing their co‑operative efforts in law enforcement and the administration of justice;

Desiring to co‑operate in the enforcement of penal sentences; and

Desiring to facilitate the rehabilitation and reintegration of sentenced persons into society;

Have agreed as follows:

ARTICLE 1

DEFINITIONS

For the purposes of this Agreement:

(a)               "judgement" means a decision or order of a court or tribunal imposing a sentence;

(b)               "receiving State" means the State to whose jurisdiction the sentenced person may be, or has been, transferred in order to serve his or her sentence or remainder thereof;

(c)                "sentence" means any punishment or measure involving deprivation of liberty ordered by a court, tribunal or otherwise for a determinate period of time or for life imprisonment in the exercise of its criminal jurisdiction;

(d)                "sentenced person" means a person undergoing a sentence of imprisonment under a judgement passed by a criminal court including the courts established under the law for the time being in force in the jurisdiction of the Contracting States, and also includes a person who has been conditionally released or on whom a suspended sentence has been imposed; and

(e)               "transferring State" means the State from whose jurisdiction the sentenced person may be, or has been, transferred.

ARTICLE 2

GENERAL PRINCIPLES

(1)               The Contracting States undertake to afford each other the widest measure of co‑operation in respect of the transfer of sentenced persons in accordance with the provisions of this Agreement.

(2)               A sentenced person may be transferred from the territory of the transferring State to the territory of the receiving State in accordance with the provisions of this Agreement in order to serve the sentence imposed on him or her.

ARTICLE 3

COMPETENT AUTHORITIES

(1)               The Competent Authorities in charge of the implementation of this Agreement for the Contracting States are:

     For Australia: Australian Government Attorney‑General's Department.

     For the Republic of India: Ministry of Home Affairs.

(2)               The Competent Authorities of the Contracting States shall process requests for transfer in accordance with the provisions of this Agreement.

(3)               The Competent Authorities may communicate directly with each other for the purposes of this Agreement.

(4)              Either Contracting State shall notify the other of any change of its Competent Authority in writing through diplomatic channels.

ARTICLE 4

CONDITIONS FOR TRANSFER

A sentenced person may be transferred under this Agreement only on the following conditions:

(a)               the