Document ID: chunk:federal_register_of_legislation:C2024C00810:section:14:p2
Version: federal_register_of_legislation:C2024C00810
Segment Type: section
Provision Reference: s 14 (pt 2/3)
Character Range: 38257–40841

exempt prisoner, the Attorney‑General shall 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.
 (5) Where a prisoner upon whom a notice has been served under subsection (1) is, at the time when the notice is served upon him or her, serving a sentence of imprisonment in a State, the Attorney‑General shall not make an order declaring that prisoner to be an exempt prisoner unless the appropriate Minister of that State has consented in writing to the making of that order.
 (6) Subject to subsections (8A) and (9), if:
 (a) a prisoner upon whom a notice has been served under subsection (1) fails to apply in accordance with the notice for an order declaring him or her to be an exempt prisoner; or
 (b) a prisoner upon whom a notice has been served under subsection (1) applies in accordance with the notice for such an order but the Attorney‑General refuses to make the order so sought;
the Attorney‑General shall make the order for the transfer of the prisoner that is set out in the notice unless:
 (c) the Attorney‑General has ceased to be satisfied with respect to the matter referred to in paragraph (1)(a); or
 (d) paragraph (1)(b) or (c) has ceased to apply in relation to the prisoner.
 (7) A return transfer order shall come into force on a day specified in the order, being a day not later than 7 days after it is made.
 (8) For the purpose of determining, under subsection (1), whether a term of imprisonment to which a prisoner is sentenced in a State or Territory expires on a later day than the last day of any federal sentence, transferred sentence or translated sentence of the prisoner, a sentence of imprisonment for an indeterminate period shall be taken to expire on a later day than the last day of any sentence of imprisonment for a finite period.
 (8A) Despite subsection (6), the Attorney‑General is not required to make an order for the transfer of a prisoner under that subsection from New South Wales to another State or to a Territory if:
 (a) the prisoner has been removed to New South Wales under the Removal of Prisoners (Australian Capital Territory) Act 1968; and
 (b) the prisoner has not applied for an order declaring him or her to be an exempt prisoner but, if he or she had so applied, the Attorney‑General would have made such an order.
 (9) Notwithstanding subsection (6), the Attorney‑General is not required to make an order for the transfer of a prisoner under that subsection from a State