Australian Capital Territory Numbered Acts

CRIMES (SENTENCE ADMINISTRATION) ACT 2005 (NO. 59 OF 2005) - SECT 231

At a hearing under section 230 in relation to a prisoner, the Magistrates Court must—

        (a)     issue an order for the transfer of the prisoner to the participating state or non-participating territory stated in the certificate mentioned in section 229 (2) (Interstate transfer—necessary consents); or

        (b)     refuse to issue the order if, on the prisoner's application, the court is satisfied that—

              (i)     it would be harsh, oppressive or not in the interests of justice to issue the order; or

              (ii)     the trivial nature of the charge or complaint against the prisoner does not justify the transfer.