Commonwealth Consolidated Acts

TRANSFER OF PRISONERS ACT 1983 - SECT 16B

  (1)   T he Attorney - General may make an order in writing for the transfer of:

  (a)   a prisoner serving a federal sentence of imprisonment in a prison of a State or Territory; or

  (b)   a remand prisoner in a prison of a State or Territory;

to another State or Territory if the Attorney - General believes on reasonable grounds that it is necessary in the interests of security.

  (2)   In exercising his or her powers under subsection   ( 1) to make an order, the Attorney - General must have regard to all matters that he or she considers relevant, including, but without limiting the generality of the foregoing:

  (a)   the administration of justice; and

  (b)   the welfare of the prisoner or remand prisoner.

  (3)   The Attorney - General must not make an order under subsection   ( 1) for the transfer of the prisoner or remand prisoner unless both:

  (a)   the appropriate Minister of the State or Territory in which the prisoner or remand prisoner is in prison; and

  (b)   the appropriate Minister of the State or Territory to which the prisoner or remand prisoner is to be transferred;

have consented in writing to the transfer.