Australian Capital Territory Current Acts

CRIMES (SENTENCE ADMINISTRATION) ACT 2005 - SECT 228

    (1)     This section applies if—

        (a)     a prisoner serving a sentence of imprisonment in the ACT is the subject of an arrest warrant issued under the law of a participating state, the Commonwealth or a non-participating territory; and

        (b)     the ACT Attorney-General receives a transfer request from—

              (i)     the relevant Attorney-General, accompanied by a copy of the warrant; or

              (ii)     the Minister under subsection (3).

    (2)     The ACT Attorney-General must—

        (a)     consent, or refuse to consent, to the transfer; and

        (b)     give the relevant Attorney-General, or the Minister, written notice of the consent or refusal.

    (3)     If the Minister receives a transfer request from a prisoner serving a sentence of imprisonment in the ACT, the Minister must refer the request to the ACT Attorney-General.

    (4)     However, the Minister need not refer the transfer request to the ACT Attorney-General if it is made within 1 year after a similar request is made by the prisoner.

    (5)     If the ACT Attorney-General refuses to consent to the transfer of a prisoner, the ACT Attorney-General must give the prisoner a written statement of reasons for the decision.

Note     For what must be included in a statement of reasons, see the Legislation Act

, s 179.

    (6)     In this section:

"relevant Attorney-General", in relation to an arrest warrant, means—

        (a)     for a warrant issued under the law of a participating state—the State Attorney-General; or

        (b)     for a warrant issued under the law of the Commonwealth or a non-participating territory—the Commonwealth Attorney-General.

"transfer request", for a prisoner serving a sentence of imprisonment in the ACT, means a written request for the transfer of the prisoner to a participating state or non-participating territory to be dealt with according to law.