Document ID: chunk:federal_register_of_legislation:F2006L00844:body:0:p3
Version: federal_register_of_legislation:F2006L00844
Segment Type: other
Provision Reference: 
Character Range: 5424–8145

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 and remain indefinitely in Australia in accordance with Australian law and has community ties with a State or Territory of Australia;
 (d) the sentence imposed on the sentenced person is one of imprisonment, confinement or any other form of deprivation of liberty:
 (i) for life;
 (ii) for an indeterminate period; or
 (iii) for a fixed period of which at least one year remains to be served at the time of the request for transfer. This requirement may be waived by the agreement of the Parties;
 (e) the judgment is final and no other legal proceedings relating to the offence or any other offence are pending in the transferring Party;
 (f) the transferring and receiving Parties and the sentenced person all agree to the transfer, provided that, where in view of age or physical or mental condition of the sentenced person either Party considers it necessary, the sentenced person's consent may be given by a person entitled to act on their behalf;
 (g) where Australia is the transferring Party, and where the sentenced person was sentenced under the laws of an Australian State or Territory, the State or Territory Government enforcing the sentence agrees to the transfer;
 (h) where Australia is the receiving Party, the Government of the Australian State or Territory in which the sentence will be enforced agrees to the transfer; and
 (i) the sentenced person has been fully informed by the receiving Party of any costs associated with the transfer that the receiving Party may seek to recover from the sentenced person in accordance with Article 12 (2).

ARTICLE 5
PROCEDURE FOR TRANSFER

 (1) The Parties shall endeavour to inform sentenced persons of the substance of this Agreement.

 (2) (a) If the sentenced person wishes to be transferred, they may express such a wish to the transferring Party or the receiving Party, either of whom must inform the other Party in writing.
 (b) A request for transfer may be made by the transferring Party or the receiving Party to the other Party.
 (c) Requests for transfer shall be in writing and shall include the following information:
 (i) the name, date and place of birth of the sentenced person;
 (ii) a statement of the citizenship, nationality or residence status of the sentenced person; and
 (iii) the location of the sentenced person and current address.

 (3) Where a request for transfer has been made, the transferring Party shall provide the receiving Party with the following information:
 (a) a statement of