Document ID: chunk:federal_register_of_legislation:F2019L01277:schedule:1:p1
Version: federal_register_of_legislation:F2019L01277
Segment Type: schedule
Provision Reference: sch 1 (pt 1/6)
Character Range: 3775–6813

Schedule 1—Treaty between the Government of Australia and the Government of the United Arab Emirates concerning Transfer of Sentenced Persons
Note: See section 6.

The Government of Australia and the Government of the United Arab Emirates (hereinafter referred to as "the Parties");

Taking into consideration the laws and regulations in force regarding law enforcement of the Parties and the desirability of enhancing their co‑operative efforts in law enforcement and the administration of justice; and

Desiring to co‑operate in the transfer of sentenced persons to facilitate their successful rehabilitation and reintegration into society;

Have agreed as follows:
ARTICLE 1

DEFINITIONS

For the purposes of this Treaty:

    (a) "receiving Party" means the Party to whose jurisdiction the sentenced person may be, or has been, transferred.

    (b) "transferring Party" means the Party from whose jurisdiction the sentenced person may be, or has been, transferred.

    (c) "sentenced person" means a person who is required to be detained in a prison or any other place in the territory of the transferring Party to serve a sentence and also includes a person who has been conditionally released or on whom a suspended sentence has been imposed.

    (d) "sentence" means

         (i)                  any punishment or measure involving actual or potential deprivation of liberty ordered by a court for a determinate or indeterminate period in the course of the exercise of its criminal jurisdiction; or

         (ii)               any punishment or measure involving actual or potential deprivation of liberty imposed as a result of a sentence of death that was ordered by a court having been commuted, whether by a court or otherwise.

(e) "territory" means

         (i)                  in respect of the United Arab Emirates, the territory of the State of the United Arab Emirates; and

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

ARTICLE 2

GENERAL PRINCIPLES

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

    (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 Treaty in order to serve the sentence imposed on him or her.

ARTICLE 3

CENTRAL AUTHORITIES

    (1) The Central Authority for the United Arab Emirates is the Ministry of Justice.  The Central Authority for Australia is the Australian Government Attorney‑General's Department.  Should either Party change its Central Authority, it shall notify the other Party in writing.

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

    (3) The Central Authorities shall communicate with each other through diplomatic channels for