Document ID: chunk:federal_register_of_legislation:C2004A01359:clause:4_16c
Version: federal_register_of_legislation:C2004A01359
Segment Type: clause
Provision Reference: sch 4 cl 16C
Character Range: 12066–14512

16C  Return of prisoner

 (1) If:
 (a) a prisoner or remand prisoner is transferred to a State or Territory pursuant to:
 (i) a security transfer order; or
 (ii) a return transfer order under this section (unless it orders a transfer to the originating State or Territory); and
 (b) the Attorney‑General reviews the order; and
 (c) as a result of the review, the Attorney‑General believes on reasonable grounds that, if he or she were now to consider the transfer of the prisoner or remand prisoner to the State or Territory, the order would not be made;
the Attorney‑General may make an order in writing for the transfer of the prisoner or remand prisoner from that State or Territory back to:
 (d) the State or Territory from which he or she has been transferred pursuant to that order; or
 (e) if that State or Territory is not the originating State or Territory:
 (i) the originating State or Territory; or
 (ii) any other State or Territory to which the prisoner or remand prisoner has been transferred, pursuant either to a security transfer order or to a return transfer order under this section, since his or her transfer from the originating State or Territory.

 (2) The Attorney‑General must conduct a review of an order referred to in paragraph (1)(a), within 3 months after:
 (a) the day on which the Attorney‑General made the order; and
 (b) the day on which the Attorney‑General last reviewed the order;
unless the Attorney‑General has made an order under subsection (1) after a review of that order.

 (3) In exercising his or her powers under subsection (1) to make an order, the Attorney‑General must 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 or remand prisoner.

 (4) The Attorney‑General must not make an order under subsection (1) for the transfer of the prisoner or remand prisoner unless both:
 (a) the appropriate Minister of the State or Territory in which the prisoner or remand prisoner is in prison; and
 (b) the appropriate Minister of the State or Territory to which the prisoner or remand prisoner is to be transferred;
have consented in writing to the transfer.

 (5) In this section:

originating State or Territory means the last State or Territory in which the prisoner or remand prisoner was held other than as a result of an order under this Part.