(1) The Attorney - General may decide to refuse consent to the transfer of a Tribunal prisoner to Australia under this Part:
(a) after the Attorney - General receives a request under section 33 for the transfer; but
(b) before the Attorney - General has started to act under any of sections 35 to 41 in relation to the transfer.
(2) Sections 35 to 41 do not apply for the transfer of the Tribunal prisoner if the Attorney - General decides under subsection (1) of this section to refuse consent to the transfer.