Document ID: chunk:federal_register_of_legislation:F2007L00845:body:0:p4
Version: federal_register_of_legislation:F2007L00845
Segment Type: other
Provision Reference: 
Character Range: 7915–10778

States of America and the Government of Australia and the prisoner all consent to the transfer provided that where in view of his age or physical or mental condition either Party considers it necessary, the prisoner's consent may be given by a person entitled to act on his behalf; and
         e. the prisoner will be treated humanely and in accordance with the laws and international obligations of Australia.

Paragraph 7 – Consent and its verification

 1.                If both Governments agree to the transfer, the Government of the United States of America is to ask the prisoner to give consent to the transfer and is to ensure that, if the prisoner gives consent, it is given voluntarily and with full knowledge of the legal consequences thereof.

2.                   The Government of the United States of America is to afford an opportunity to the Government of Australia, if the Government of Australia so desires to verify, through a visit by an official of the Government of Australia to meet with the prisoner prior to the transfer, that the prisoner's consent to the transfer under the Arrangement is given voluntarily and with full knowledge of the consequences thereof.

3.                   The Government of the United States of America is to inform the prisoner, in writing, that should the prisoner not consent to the transfer he or she will not be detained by the Government of the United States of America beyond the term of imprisonment imposed by the United States military commission or otherwise penalized.

4.                   Once consent is obtained from the Government of the United States of America, the Government of Australia, and the prisoner, the prisoner is to be transferred as soon as practicable.

Paragraph 8 – Effect of transfer for the United States

 1.                The taking into charge of the prisoner by the appropriate authorities in Australia is to have the effect of suspending the enforcement of the sentence by the United States of America.

2.                   The Government of the United States of America is to no longer enforce the sentence if Australia considers enforcement of the sentence to have been completed.

Paragraph 9 – Effect of transfer for Australia

 1.                The competent authorities of Australia are to continue the enforcement of the sentence immediately upon the prisoner being taken into Australian custody.

2.                   The enforcement of the sentence in Australia is to be governed by the law of Australia and Australia alone is to be competent to take all appropriate decisions.

Paragraph 10 – Continued enforcement

 1.                Consistent with its law, the Government of Australia is to respect and maintain the legal nature and duration of the sentence as determined by the United States.

2.                   If, however, this sentence is by