Australian Capital Territory Numbered Acts

CRIMES (SENTENCE ADMINISTRATION) ACT 2005 (NO. 59 OF 2005) - SECT 226

    (1)     This section applies if the Minister receives a request to accept the transfer of an imprisoned person to the ACT made under—

        (a)     the provision of an interstate law that corresponds to section 222 (Interstate transfer—requests from ACT and joint prisoners for transfer to participating state); or

        (b)     the Transfer of Prisoners Act 1983 (Cwlth), part 2.

    (2)     The Minister must—

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

        (b)     give written notice of the consent or refusal to the Minister who made the request.

    (3)     In deciding whether to consent, or refuse to consent, to the transfer, the Minister must primarily have regard to the welfare of the imprisoned person.

    (4)     However, the Minister may also have regard to anything else the Minister considers relevant, including anything mentioned in section 222 (5).

    (5)     If the Minister refuses to consent to the transfer of the imprisoned person, the Minister must give the person a written statement of the Minister's reasons for the decision.

Note     For what must be included in a statement of reasons, see the Legislation Act, s 179.