Commonwealth Consolidated Acts

TRANSFER OF PRISONERS ACT 1983 - SECT 16E

  (1)   If:

  (a)   a security transfer order, or a return transfer order under section   16C, has been made in relation to a remand prisoner; and

  (b)   the remand prisoner is required to appear in proceedings for the offence with which he or she is charged and for which he or she has been remanded in custody before a court in a State or Territory; and

  (c)   the remand prisoner is in prison in another State or Territory;

the Attorney - General must make an order in writing for:

  (d)   the transfer of the remand prisoner from the other State or Territory to the State or Territory in which he or she is required to appear; and

  (e)   the transfer of the remand prisoner from the State or Territory in which he or she is required to appear back to the other State or Territory as soon as practicable after that appearance has concluded.

  (2)   However:

  (a)   the Attorney - General is not required to make an order under subsection   ( 1) if:

  (i)   the Attorney - General believes on reasonable grounds that it is essential in the interests of security that the order not be made; and

  (ii)   the court that remanded the remand prisoner in custody orders that his or her detention may continue; and

  (b)   this section does not apply once the prisoner or remand prisoner has been returned to the originating State or Territory (within the meaning of section   16C).