Australian Capital Territory Repealed Acts

This legislation has been repealed.

PRISONERS (INTERSTATE TRANSFER) ACT 1993 (REPEALED) - SECT 6

    (1)     Where the Minister—

        (a)     receives a written request made by an ACT prisoner serving a sentence of imprisonment in the Territory for the prisoner's transfer to a participating State, or to a non-participating Territory; and

        (b)     is of the opinion that the prisoner should be transferred to that State or Territory in the interests of his or her welfare;

the Minister shall—

        (c)     where the request is for transfer to a participating State—give to the corresponding Minister a written request asking that Minister to accept the transfer of the prisoner to the participating State; or

        (d)     where the request is for transfer to a non-participating Territory—give to the Attorney-General of the Commonwealth a written request asking that Attorney-General to consent to the transfer.

    (2)     Where the Minister—

        (a)     has, in respect of a request made by an ACT prisoner for transfer to a participating State—

              (i)     given to the corresponding Minister a written request under subsection (1) (c); and

              (ii)     received from that Minister written notice of consent to the transfer of the prisoner to the participating State; or

        (b)     has, in respect of a request made by an ACT prisoner for transfer to a non-participating Territory—

              (i)     given to the Attorney-General of the Commonwealth a written request under subsection (1) (d); and

              (ii)     received from the Attorney-General of the Commonwealth written notice of consent to the transfer of the prisoner to the non-participating Territory;

the Minister may issue an order for the transfer of the prisoner to the participating State, or to the non-participating Territory, as the case may be.

    (3)     Where a joint prisoner is serving a sentence of imprisonment in the Territory and the Minister—

        (a)     receives a written request made by the prisoner for transfer to a participating State; and

        (b)     is of the opinion that the prisoner should be transferred to the participating State in the interests of his or her welfare;

the Minister shall give to the corresponding Minister a written request asking that Minister to accept the transfer of the prisoner to that State.

    (4)     Where the Minister has, in respect of a request by a joint prisoner for transfer to a participating State—

        (a)     given to the corresponding Minister a request under subsection (3); and

        (b)     received from that Minister written notice of consent to the transfer of the prisoner to that State;

the Minister may issue an order for the transfer of the prisoner to that State.

    (5)     Where a joint prisoner is serving a sentence of imprisonment in the ACT and the Minister—

        (a)     receives a written request made by the prisoner for transfer to a non-participating Territory; and

        (b)     is of the opinion that the prisoner should be transferred to that Territory in the interests of his or her welfare;

the Minister may issue an order for the transfer of the prisoner to that Territory.