Document ID: chunk:federal_register_of_legislation:F2002B00241:body:0:p4
Version: federal_register_of_legislation:F2002B00241
Segment Type: other
Provision Reference: 
Character Range: 7785–10648

the judgments of its courts, the sentences imposed by them, and any procedures for revision, modification or cancellation of those judgments and sentences.

ARTICLE 6
PROCEDURE FOR ENFORCEMENT OF SENTENCE

 (1) The continued enforcement of the sentence after transfer shall be governed by the laws and procedures of the receiving State, including those governing conditions for service of imprisonment, confinement or other deprivation of liberty, and those providing for the reduction of the term of imprisonment, confinement or other deprivation of liberty by parole, conditional release, remission or otherwise.

 (2) Subject to paragraph (3) of this Article, the receiving State shall be bound by the legal nature and duration of the sentence as determined by the transferring State.

 (3) No sentence of deprivation of liberty shall be enforced by the receiving State in such a way as to extend it beyond the period specified in the sentence of the court of the transferring State. Such enforcement shall as far as possible correspond with the sentence imposed in the transferring State.

 (4) If the transferring State revises, modifies or cancels the judgment or sentence pursuant to Article 5 of this Agreement or otherwise reduces, commutes or terminates the sentence, the receiving State shall upon being notified of the decision give effect thereto in accordance with this Article.

 (5) The receiving State may treat under its law relating to juveniles any offender so categorised under its law regardless of his status under the law of the transferring State.

 (6) The receiving State shall provide information to the transferring State concerning the enforcement of the sentence:
 (a) if the offender is granted conditional release and when he is discharged on completion of the sentence;
 (b) if the offender has escaped from custody before enforcement of the sentence has been completed; or
 (c) if the transferring State requests a report.

ARTICLE 7
TRANSIT OF OFFENDERS

 If either Party transfers an offender from any third State, the other Party shall co-operate in facilitating the transit through its territory of such an offender. The Party intending to make such a transfer shall give advance notice to the other Party of such transit.

ARTICLE 8
EXPENSES

 The expenses incurred in the transfer of the offender or in the continued enforcement of the sentence after transfer shall be borne by the receiving State. The receiving State may, however, seek to recover all or part of the cost of transfer from the prisoner.

ARTICLE 9
TERRITORIAL APPLICATION

This Agreement shall apply:
 (a) In relation to Australia, to all Australian States and Territories;
 (b) In relation to Thailand, to the Kingdom of Thailand.

ARTICLE 10
TEMPORAL APPLICATION

 This Agreement shall be applicable to the enforcement of sentence imposed either before