Document ID: chunk:federal_register_of_legislation:C2023C00237:section:27
Version: federal_register_of_legislation:C2023C00237
Segment Type: section
Provision Reference: s 27
Character Range: 49719–52269

27  Governmental consent to transfer to Australia
 (1) Before consenting to the transfer of a prisoner to Australia under this Part, the Attorney‑General is to notify the State or Territory Minister of the place in which the prisoner wishes to begin to complete serving the sentence of imprisonment imposed by the transfer country in Australia, in writing, in the form prescribed by the regulations, of receipt of the request.
 (2) If the prisoner wishes to begin to complete serving the sentence of imprisonment in New South Wales or Western Australia but has community ties with the ACT or a Territory, the Attorney‑General is also to notify the ACT Minister or Territory Minister concerned of the matters referred to in subsection (1).
Note: Community ties with a State or Territory is defined in subsection 4(5).
 (3) The Attorney‑General is to provide each Minister concerned with any information that the transfer country has given the Attorney‑General and particulars of the method by which the Attorney‑General considers the sentence of imprisonment imposed by the transfer country could be enforced by Australia and any other proposed terms of the transfer.
 (4) Each Minister concerned is to advise the Attorney‑General in writing as to whether the Minister consents to the transfer on the terms proposed as soon as possible after receiving the notification.
 (5) If the Minister of the State or Territory in which the prisoner is to begin to complete serving the sentence of imprisonment imposed by the transfer country consents to the transfer, the Minister is to advise the Attorney‑General of:
 (a) the prison, or hospital or other place, in which the prisoner will begin to complete serving the sentence in the State or Territory; and
 (b) in the case of a prisoner who has been released on parole—any recommended terms or conditions on which the prisoner is to complete serving the sentence; and
 (ba) in the case of a prisoner serving the suspended part of the sentence—any recommended terms or conditions on which the prisoner is to complete serving the sentence; and
 (c) any other matters the Minister considers relevant to sentence enforcement in the State or Territory.
Note: A prisoner may be transferred from the prison, hospital or other place in the State or Territory in which the prisoner begins to complete serving a sentence of imprisonment to another prison, hospital or other place in the State or Territory or to a prison, hospital or other place in another State or Territory. See paragraphs 46(5)(d), (e) and (i).