Commonwealth Consolidated Acts

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INTERNATIONAL TRANSFER OF PRISONERS ACT 1997 - SECT 48

Pardon, amnesty or commutation of sentences of imprisonment--prisoners transferred from Australia

  (1)   During the period in which a sentence of imprisonment is served in a transfer country by a prisoner transferred from Australia under this Act, the prisoner's conviction may be quashed or otherwise nullified and the prisoner may be pardoned or granted any amnesty or commutation of sentence of imprisonment that could be granted under Australian law if the prisoner were serving the sentence of imprisonment in Australia.

  (2)   If, during the period in which the sentence of imprisonment is served by a prisoner transferred from Australia under this Act in a transfer country, the prisoner's conviction is quashed or otherwise nullified or the prisoner is pardoned or granted amnesty or commutation of sentence of imprisonment under Australian law, the Attorney - General is to immediately notify the transfer country that the prisoner should no longer be detained in custody or otherwise subjected to detention or supervision only because of the sentence of imprisonment.



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