Document ID: chunk:federal_register_of_legislation:F2007L00298:body:0:p3
Version: federal_register_of_legislation:F2007L00298
Segment Type: other
Provision Reference: 
Character Range: 5640–8802

Kingdom of Cambodia is the receiving Party, the sentenced person is a Cambodian national.

         (c)                Where Australia is the receiving Party the sentenced person is:

         (i)  an Australian citizen; or

              (ii)  is permitted to travel to, enter and remain indefinitely in Australia in accordance with Australian law and has community ties with a State or Territory of Australia;

         (d)               The offender was not sentenced in respect of an offence under the law of Cambodia:

         (i)  against the internal or external security of the State;

              (ii)  against His Majesty the King, or a member of the royal family; or

              (iii)  against legislation protecting Cambodian national art treasures.

         (e)                The sentenced person has at least one year remaining to be served at the time of the request for transfer. This requirement may be waived by the agreement of the Parties.

         (f)                The judgment is final and no other legal proceedings relating to the offence or any other offence are pending in the transferring Party.

         (g)               The transferring and receiving Parties and the sentenced person all consent to the transfer. Where the sentenced person is incapable of giving consent under the law of the transferring Party, consent may be given by a person entitled to act on their behalf.

         (h)               The sentenced person has been fully informed by the receiving Party of any costs associated with the transfer that the receiving Party may seek to recover from the sentenced person in accordance with Article 12(3).

ARTICLE 5

PROCEDURE FOR TRANSFER

(1)               The Parties shall endeavour to inform sentenced persons of the substance of this Agreement.

  (2)

         (a)                If the sentenced person wishes to be transferred, they may express such a wish to the transferring Party or the receiving Party, either of whom must inform the other Party in writing.

         (b)               A request for transfer may be made by the receiving Party to the other Party.

         (c)                Requests for transfer shall be in writing and shall include the following information:

             (i)                 the full name, date and place of birth of the sentenced person;

             (ii)               a statement of the citizenship, nationality or residence status of the sentenced person; and

             (iii)            the location of the sentenced person and current address.

(3)               Where a request for transfer has been made, the transferring Party shall provide the receiving Party with the following information:

         (a)                a statement of the facts upon which the conviction and sentence were based and a statement of the relevant law creating the offence;

         (b)               the termination date of the sentence, if applicable, and the length of time already served by the sentenced person and any remissions to which they are entitled on account of work done, good behaviour, pre‑trial confinement or other reasons;

         (c)