Document ID: chunk:federal_register_of_legislation:F2007L00298:body:0:p2
Version: federal_register_of_legislation:F2007L00298
Segment Type: other
Provision Reference: 
Character Range: 2833–5941

criminal jurisdiction.

         (e)                "territory" means

              (i)   in respect of the Kingdom of Cambodia, all territory within the jurisdiction of the Kingdom of Cambodia and

              (ii)  in respect of Australia, the States and Territories of Australia, including external Territories of Australia.

         (f)                "community ties" means:

              (i)  the prisoner's principal place of residence immediately before being sentenced to imprisonment in the territory of the transferring Party was in the territory of the receiving Party; or

              (ii)  the prisoner's parent, grandparent or child has a principal place of residence in the territory of the receiving Party; or

              (iii)  the prisoner is married to or has a de facto relationship with anyone whose principal place of residence is in the territory of the receiving Party; or
              (iv)  the prisoner has a close continuing relationship (involving frequent personal contact and a personal interest in the other person's welfare) with anyone whose principal place of residence is in the territory of the receiving Party.

ARTICLE 2

PURPOSE OF AGREEMENT

(1)  The Parties undertake to afford each other the widest measure of cooperation in respect of the transfer of sentenced persons in accordance with the provisions of this Agreement.

(2)  A sentenced person may be transferred from the territory of the transferring Party to the territory of the receiving Party in accordance with the provisions of this Agreement in order to serve the sentence imposed on them.

ARTICLE 3

CENTRAL AUTHORITIES

(1)  The Central Authorities of the Parties shall process requests for transfer in accordance with the provisions of this Agreement.

(2)  The Central Authority for the Kingdom of Cambodia is the Ministry of Justice. The Central Authority for Australia is the Australian Government Attorney‑General's Department. Either Party may change its Central Authority in which case it shall notify the other of the change.

(3)  The Central Authorities may communicate directly with each other for the purposes of this Agreement.

ARTICLE 4

CONDITIONS FOR TRANSFER

A sentenced person may be transferred under this Agreement only on the following conditions:

         (a)                The acts or omissions on account of which the sentence has been imposed constitute the essential elements of a criminal offence according to the law of the receiving Party, or would constitute such essential elements of a criminal offence if committed within the jurisdiction of the receiving Party. This requirement may be waived in a particular case if both Parties agree and to the extent permitted by the domestic law of the receiving Party.

         (b)               Where the 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