Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Attorney - General may, subject to section 169, give such directions as the Attorney - General considers appropriate as to the duration and legal nature of the sentence of imprisonment as it is to be enforced under this Part.
(2) However, a direction reducing the sentence may only be given in accordance with a decision of the ICC under article 110 of the Statute.
(3) Without limiting subsection ( 1), directions may be given, in respect of a mentally impaired prisoner, as to any review to be undertaken of his or her mental condition and treatment to be provided to him or her following transfer.
(4) For the purpose of forming an opinion or exercising a discretion under this section, the Attorney - General may inform himself or herself as he or she thinks fit and, in particular, may have regard to the following:
(a) any relevant decisions of the ICC;
(b) any views expressed by any State Minister concerned with the proposed transfer;
(c) any views expressed by prison authorities of any State;
(d) the legal nature of the sentence of imprisonment that might have been imposed if the acts or omissions constituting the crime within the jurisdiction of the ICC had been committed in Australia;
(e) any limitations or requirements arising under the Statute in relation to the way in which a sentence of imprisonment imposed by the ICC may be enforced in Australia.