Document ID: chunk:federal_register_of_legislation:F2006L00844:body:0:p2
Version: federal_register_of_legislation:F2006L00844
Segment Type: other
Provision Reference: 
Character Range: 2777–5666

and

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

Have agreed as follows:

ARTICLE 1
DEFINITIONS

  For the purposes of this Agreement:
 (a) "transferring Party" means the Party from whose jurisdiction the sentenced person may be, or has been, transferred;
 (b) "receiving Party" means the Party to 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, a hospital or any other place in the territory of the transferring Party to serve a sentence;
 (d) "sentence" means any punishment or measure involving deprivation of liberty ordered by a court for a limited or unlimited period of time in the course of the exercise of its criminal jurisdiction; and
 (e) "territory" means
 (i) in respect of Hong Kong Special Administrative Region: the Hong Kong Special Administrative Region; and
 (ii) in respect of Australia: the States and Territories of Australia, including external Territories of Australia.

ARTICLE 2
GENERAL PRINCIPLES

  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 Hong Kong Special Administrative Region is the Secretary for Justice or an officer authorised by the Secretary for 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 Hong Kong Special Administrative Region is the receiving Party the sentenced person is a permanent resident of, or has close ties with, the Hong Kong Special Administrative Region;
 (c) where Australia is the receiving Party the sentenced person is:
 (i) an Australian citizen; or
 (ii) is permitted to travel to, enter