Document ID: chunk:federal_register_of_legislation:F2009L04006:body:0:p6
Version: federal_register_of_legislation:F2009L04006
Segment Type: other
Provision Reference: 
Character Range: 13711–16659

such a sentenced person. The Party intending to make such a transfer shall give advance notice to the other Party of such transit.

ARTICLE 11

LANGUAGE

Requests for transfer and accompanying documents shall be accompanied by a translation into an official language of the receiving Party.

ARTICLE 12

EXPENSES

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

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

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

    (2) The receiving Party may, however, seek to recover all or part of the cost of transfer from the sentenced person.

ARTICLE 13

CONSULTATION

The Central Authorities of the Parties 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 14

SETTLEMENT OF DISPUTES

    (1) The Parties shall seek to resolve any dispute arising out of the interpretation, application or implementation of this Agreement through the Central Authorities.

    (2) If the Central Authorities are unable to resolve a dispute as envisaged in Article 14 (1), the Parties shall seek to resolve the dispute through diplomatic channels.

ARTICLE 15

TERRITORIAL APPLICATION

This Agreement shall apply to the territory of Australia and the territory of the Socialist Republic of Vietnam.

ARTICLE 16

ENTRY INTO FORCE AND TERMINATION

    (1) This Agreement shall enter into force thirty days after the date on which the Parties have notified each other in writing that their respective requirements for the entry into force of the Agreement have been complied with.

    (2) This Agreement shall apply to any request for transfer presented after the entry into force of the Agreement even if the sentence was imposed before the date of entry into force of this Agreement.

    (3) Either Party may terminate this Agreement at any time by giving notice in writing to the other. In that event the Agreement shall cease to have effect six months after the date of receipt of the notice.

In witness whereof the undersigned, being duly authorised by their respective States have signed this Agreement.

Done in duplicate at Canberra, this thirteenth day of October two thousand and eight in the English and Vietnamese languages, each text being equally authentic.

For Australia              For the Socialist Republic of Vietnam

………………………………..…...         ………………………..…..……….
Hon. Robert Debus          Lieutenant-General Tran Dai Quang
Minister for Home Affairs  Vice-Minister of Public Security

Note

1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.