Commonwealth Consolidated Acts

INTERNATIONAL TRANSFER OF PRISONERS ACT 1997

TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY

   1.      Short title  
   2.      Commencement  
   3.      Objects of Act  
   4.      Definitions  
   4AA.    Close family member  
   4A.     Sentences of imprisonment imposed by military commissions of the United States of America  
   4B.     Suspended sentences of imprisonment  
   5.      Appropriate Ministerial consent to transfer  
   6.      Prisoner's and prisoner's representative's consent to transfer  
   7.      Extension to external Territories  
   8.      Application of Act to transfer countries  
   9.      Act to bind Crown  

   PART 2--TRANSFERS--GENERALLY

   10.     When may a prisoner (other than a Tribunal prisoner) be transferred?  
   10A.    Decisions by the Attorney - General about transfers  
   11.     When may a Tribunal prisoner be transferred?  
   12.     Eligibility for transfer from Australia of prisoners (other than Tribunal prisoners)  
   13.     Eligibility for transfer to Australia of prisoners (other than Tribunal prisoners)  
   14.     Transfer conditions--transfer from Australia  
   15.     Transfer conditions--transfer to Australia  

   PART 3--TRANSFERS--FROM AUSTRALIA

   16.     Applications for transfer from Australia  
   18.     Asking the transfer country to consent to the transfer  
   19.     Decision by the Attorney - General to refuse consent to transfer from Australia  
   20.     Governmental consent to transfer from Australia  
   21.     Issue of warrant for transfer from Australia  
   22.     Warrants for transfer from Australia  
   23.     Cancellation of warrant for transfer from Australia  

   PART 4--TRANSFERS--TO AUSTRALIA OF PRISONERS FROM TRANSFER COUNTRIES

   24.     Transfer request from outside Australia  
   24A.    Decision by the Attorney - General to refuse consent to transfer to Australia  
   25.     Information to accompany request  
   26.     Enforcement of foreign sentence  
   27.     Governmental consent to transfer to Australia  
   28.     Transfer country's consent to transfer  
   29.     Issue of warrant for transfer to Australia  
   30.     Warrants for transfer to Australia  
   31.     Cancellation of warrant  
   32.     Effect of warrant on prisoner's sentence  

   PART 5--TRANSFER--TO AUSTRALIA OF TRIBUNAL PRISONERS

   33.     Transfer request from a Tribunal  
   33A.    Decision by the Attorney - General to refuse consent to transfer of Tribunal prisoner to Australia  
   34.     Information to accompany request  
   35.     Enforcement of Tribunal sentence of imprisonment  
   36.     Governmental consent to transfer to Australia  
   37.     Formal consent to transfer  
   38.     Issue of warrant for transfer to Australia  
   39.     Warrants for transfer to Australia  
   40.     Cancellation of warrant  
   41.     Effect of warrant on Tribunal prisoner's sentence  

   PART 6--ENFORCEMENT--OF SENTENCES

   42.     Sentence enforcement in Australia  
   43.     Duration and nature of enforced sentence  
   44.     Directions concerning enforcement of sentence  
   45.     Appeal and review of sentences of imprisonment imposed by transfer country or Tribunal and sentence enforcement decisions of Attorney - General  
   46.     Prisoner transferred to Australia taken to be federal prisoner  
   47.     Prisoner transferred from Australia taken to be prisoner of transfer country  
   48.     Pardon, amnesty or commutation of sentences of imprisonment--prisoners transferred from Australia  
   49.     Pardon, amnesty or commutation of sentences of imprisonment--prisoners transferred to Australia  

   PART 7--MISCELLANEOUS

   50.     Arrangements with States and Territories  
   51.     Recovery of costs and expenses of transfer  
   52.     Prisoner and prisoner's representative to be kept informed  
   53.     Delegation  
   54.     Notification of countries as transfer countries  
   55.     Transit of prisoners  
   56.     Arrest of persons escaping from custody  
   56A.    Aiding persons to escape etc.  
   57.     Consent of the Immigration Minister  
   58.     Regulations