Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(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.