Document ID: chunk:federal_register_of_legislation:F2016L00535:schedule:1:p6
Version: federal_register_of_legislation:F2016L00535
Segment Type: schedule
Provision Reference: sch 1 (pt 6/7)
Character Range: 17662–20777

granted conditional release;

(b)               when it considers enforcement of the sentence to have been completed;

(c)               if the sentenced person has escaped from custody before enforcement of the sentence has been completed; or

(d)               if the transferring State requests a report.

ARTICLE 12

TRANSIT OF SENTENCED PERSON

(1)               If either Contracting State enters into arrangements for the transfer of sentenced persons with any third State, the other Contracting State shall, subject to its domestic law, co‑operate in facilitating the transit through its territory except that it may refuse to grant transit if the:

         (a)                sentenced person is one of its own nationals; or

         (b)                request may infringe upon the sovereignty, safety, public order or any other essential interest of the Contracting State.

(2)               The Contracting State intending to make such a transfer shall give advance notice in writing to the Competent Authority of the other Contracting State.

(3)               The Contracting State intending to make such a transfer may ask the other Contracting State to give an assurance that the sentenced person will not be prosecuted or detained, other than for the purpose of facilitating transit, or otherwise subjected to any restriction on his or her liberty for any offence committed or sentence imposed prior to his or her departure from the territory of the third State in which the sentence was imposed.

ARTICLE 13

LANGUAGE

Requests and supporting documents shall be in English or shall be accompanied by a translation into English.

ARTICLE 14

EXPENSES

(1)               The receiving State shall bear the expenses of:

         (a)                the transfer of the sentenced person, except the expenses incurred exclusively in the territory of the transferring State; and

         (b)                the continued enforcement of the sentence after transfer.

The receiving State may, however, seek to recover all or part of the cost of transfer from the sentenced person.

(2)               The costs of translation of requests, documents or information referred to under Article 13 shall be borne by the Contracting State sending the request, document or information.

ARTICLE 15

CONSULTATION

The Competent Authorities of the Contracting States may consult with each other to promote the most effective use of this Agreement and to agree upon such practical measures as may be necessary to facilitate the implementation of this Agreement.

ARTICLE 16

SETTLEMENT OF DISPUTES

(1)               The Competent Authorities shall endeavour to mutually resolve any dispute arising out of the interpretation, application or implementation of this Agreement.

(2)               If the Competent Authorities are unable to resolve the dispute mutually, it shall be resolved through diplomatic channels.

ARTICLE 17

AMENDMENTS

Any amendments or modifications to this Agreement agreed to by the Contracting States shall come into force in the same manner as the Agreement itself.

ARTICLE 18

ENTRY