Commonwealth Consolidated Acts

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INTERNATIONAL TRANSFER OF PRISONERS ACT 1997 - SECT 10

When may a prisoner (other than a Tribunal prisoner) be transferred?

    A prisoner (other than a Tribunal prisoner) may be transferred between Australia and a transfer country under this Act if:

  (a)   the prisoner is eligible for transfer from or to Australia (as the case requires); and

  (b)   Australia and the transfer country have agreed to the transfer of the prisoner on terms agreed under this Act; and

  (c)   the prisoner or the prisoner's representative has consented in writing to transfer on those terms; and

  (d)   appropriate Ministerial consent in writing has been given to transfer on those terms; and

  (e)   the relevant conditions for transfer of the prisoner are satisfied; and

  (f)   the transfer of the prisoner is not likely to prevent the surrender of the prisoner to any extradition country known by the Attorney - General to have requested the extradition of the prisoner or to have expressed interest in extraditing the prisoner or that, in the opinion of the Attorney - General, is reasonably likely to request extradition.



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