Document ID: chunk:federal_register_of_legislation:C2023C00237:section:13
Version: federal_register_of_legislation:C2023C00237
Segment Type: section
Provision Reference: s 13
Character Range: 31953–32892

13  Eligibility for transfer to Australia of prisoners (other than Tribunal prisoners)
 (1) A prisoner (other than a Tribunal prisoner) is eligible for transfer to Australia from a transfer country under this Act if the prisoner:
 (a) is an Australian citizen; or
 (b) is permitted to travel to, enter and remain in Australia indefinitely pursuant to the Migration Act 1958 and has community ties with a State or a Territory.
Note: Community ties with a State or Territory is defined in subsection 4(5).
 (2) If a request is made for the transfer of a prisoner (other than a Tribunal prisoner) to Australia, the Attorney‑General must consult with the Immigration Minister about whether the prisoner:
 (a) is eligible under subsection (1) for a transfer to Australia; or
 (b) is likely to be eligible under subsection (1) for a transfer to Australia at a future time specified by the Attorney‑General for the purposes of the consultation.