Document ID: chunk:federal_register_of_legislation:F2019L01277:schedule:1:p2
Version: federal_register_of_legislation:F2019L01277
Segment Type: schedule
Provision Reference: sch 1 (pt 2/6)
Character Range: 6540–9292

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 the purposes of this Treaty.

ARTICLE 4

CONDITIONS FOR TRANSFER

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

    (a) The acts or omissions on account of which the sentence has been imposed constitute a criminal offence according to the law of the receiving Party, or would constitute such a criminal offence if committed within the jurisdiction of the receiving Party on the day of receipt of the request for transfer.  This requirement may be waived in a particular case if both Parties agree.

    (b)  Where the United Arab Emirates is the receiving Party the sentenced person is a national of the United Arab Emirates.

    (c) Where Australia is the receiving Party the sentenced person is a national of Australia.

    (d) On the day of receipt of the request for transfer, the sentenced person has at least 12 months of the sentence remaining to be served.  This requirement may be waived in a particular case if both Parties agree.

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

    (f) The transferring and receiving Parties agree to the transfer.

    (g) The sentenced person agrees to the transfer.  Where the sentenced person is incapable of giving consent under the law of the transferring Party or the receiving Party, consent may be given by a person entitled to act on his or her behalf.

    (h) The sentenced person shall not be tried or sentenced in the receiving Party, save to the extent required in order to give effect to the enforcement of the person's sentence in accordance with the agreed transfer terms, for the acts or omissions on account of which the sentence was imposed in the transferring Party, and shall not be detained for those acts or omissions except in accordance with this Treaty.

ARTICLE 5

PROCEDURE FOR TRANSFER

    (1) The Parties shall take reasonable steps to inform sentenced persons of the substance of this Treaty.

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

    (3) A request for transfer may be made by either the transferring or the receiving Party.

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

         (a) the name, date and place of