Document ID: chunk:federal_register_of_legislation:C2023C00237:section:5
Version: federal_register_of_legislation:C2023C00237
Segment Type: section
Provision Reference: s 5
Character Range: 21644–23956

5  Appropriate Ministerial consent to transfer
 (1) Ministerial consent to the transfer of a prisoner from Australia to a transfer country is required to be given:
 (a) if the prisoner is a federal prisoner—by the Attorney‑General; or
 (b) if the prisoner is a State prisoner—by both the Attorney‑General and the State Minister concerned; or
 (c) if the prisoner is a Territory prisoner—by both the Attorney‑General and the Territory Minister concerned; or
 (d) if the prisoner is a joint prisoner—by the Attorney‑General and all State Ministers or Territory Ministers concerned.
 (2) Ministerial consent to the transfer of a prisoner from a transfer country to Australia is required to be given:
 (a) by both the Attorney‑General and the State or Territory Minister of the State or Territory in which the prisoner is to begin to complete serving a sentence of imprisonment imposed by the transfer country in accordance with this Act; and
 (b) if applicable:
 (i) if the prisoner is to begin to complete serving a sentence of imprisonment imposed by the transfer country in accordance with this Act in New South Wales but has community ties with the ACT, the Jervis Bay Territory or Norfolk Island—by the ACT Minister or Territory Minister concerned; or
 (ii) if the prisoner is to begin to complete serving a sentence of imprisonment imposed by the transfer country in accordance with this Act in Western Australia but has community ties with a Territory other than the Jervis Bay Territory or Norfolk Island—by the Territory Minister.
Note: Community ties with a State or Territory is defined in subsection 4(5).
 (3) Ministerial consent to the transfer of a Tribunal prisoner from a Tribunal country to Australia is required to be given by the Attorney‑General and the State Minister or Territory Minister of the State or Territory in which the Tribunal prisoner is to begin to complete serving the sentence of imprisonment imposed by the Tribunal in accordance with this Act.
Note: A prisoner may be transferred from the prison, hospital or other place 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).