Commonwealth Consolidated Acts

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INTERNATIONAL TRANSFER OF PRISONERS ACT 1997 - SECT 10A

Decisions by the Attorney - General about transfers

  (1)   The Attorney - General need not take any steps for making:

  (a)   a decision on an application under section   16 (about transfers from Australia) for the transfer of a prisoner; or

  (b)   a decision under section   24 (about transfers to Australia) about a request for the transfer of a prisoner;

if any of the following requirements for the transfer are not met:

  (c)   paragraph   10(a), (c), (e) or (f);

  (d)   paragraph   10(b), to the extent that it requires the agreement of the transfer country to the transfer;

  (e)   paragraph   10(d), to the extent that it requires the consent of State Ministers or Territory Ministers to the transfer.

Note:   The prisoner will be kept informed about the progress of the application or request (see section   52).

  (2)   The Attorney - General need not take any steps for making a decision referred to in paragraph   (1)(a) or (b) for the transfer of a prisoner if:

  (a)   the prisoner had made an earlier application or request; and

  (b)   the Attorney - General received the current application or request less than 12 months after the later of either:

  (i)   the day the prisoner was informed under section   52 that the earlier application or request did not meet one or more of the requirements in section   10;

  (ii)   the day the prisoner informed the Attorney - General that the prisoner was withdrawing the earlier application or request.

  (3)   Parts   3 and 4 have effect subject to this section.



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