Commonwealth Consolidated Regulations

INTERNATIONAL TRANSFER OF PRISONERS REGULATIONS 2002 - SCHEDULE 1

(regulation   4)

Form 5 -- Warrant for transfer from Australia -- prisoner not on parole

(paragraph   7   (a))

COMMONWEALTH OF AUSTRALIA

International Transfer of Prisoners Act 1997

WARRANT FOR TRANSFER FROM AUSTRALIA OF PRISONER NOT ON PAROLE AND NOT SERVING SUSPENDED SENTENCE

1   Authorisation of transfer

I, [ name ], * Attorney - General/ * Minister for Justice of the Commonwealth of Australia, acting under section   21 of the International Transfer of Prisoners Act   1997 (the Act ), authorise the transfer of [ name of prisoner ] (the prisoner ), born on [ prisoner's date of birth ], and serving a sentence of imprisonment in [ name of prison or institution ], from Australia to [ name of transfer country ] (the transfer country ) to complete the prisoner's sentence on the terms set out in the Schedule.

2   Written consent statement

For paragraph   22   (2)   (c) of the Act, I state that I, and the following persons and authorities, have given written consent to the transfer of the prisoner from Australia to the transfer country:

(a)   * [ name of prisoner ]/ * [ name of prisoner's representative ];

(b)   [ name of representative of appropriate authority of transfer country ];

(c)   * [ name and title of relevant State Minister ].

3   Requirement to release and authorisation to transport prisoner etc

For subsection   22   (3) of the Act, I:

(a)   require the person in whose custody the prisoner is held to release the prisoner into the custody of [ title of person into whose custody prisoner is to be released ]; and

(b)   authorise [ title of person into whose custody prisoner is to be released ] to take the prisoner to [ name of place in Australia ] and, if necessary, detain the prisoner in custody for the purpose of placing the prisoner in the custody of [ title of person(s) into whose custody prisoner is to be released ] for transport out of Australia; and

(c)   authorise the escort * officer/ * officers to transport the prisoner in custody out of Australia to the transfer country for surrender to a person appointed by that country to receive the prisoner.

Dated:

SCHEDULE

[ Set out the terms on which the prisoner's
sentence of imprisonment is to be completed ]

Form 6 -- Warrant for transfer from Australia -- prisoner on parole

(paragraph   7   (b))

COMMONWEALTH OF AUSTRALIA

International Transfer of Prisoners Act 1997

WARRANT FOR TRANSFER FROM AUSTRALIA OF PRISONER ON PAROLE

1   Authorisation of transfer

I, [ name ], * Attorney - General/ * Minister for Justice of the Commonwealth of Australia, acting under section   21 of the International Transfer of Prisoners Act   1997 (the Act ), authorise the transfer of [ name of prisoner ] (the prisoner ), born on [ prisoner's date of birth ], who has been released on parole, from Australia to [ name of transfer country ] (the transfer country ) to complete the prisoner's sentence on the terms set out in the Schedule.

2   Written consent statement

For paragraph   22   (2)   (c) of the Act, I state that I, and the following persons and authorities, have given written consent to the transfer of the prisoner from Australia to the transfer country:

(a)   * [ name of prisoner ]/ * [ name of prisoner's representative ];

(b)   [ name of representative of appropriate authority of transfer country ];

(c)   [ name and title of relevant State Minister ].

** 3   Approvals, permissions etc

[ Complete this section if approvals, permissions etc are to be specified. ]

* For paragraph   22   (4) (a) of the Act, I specify:

[ specify any approvals, authorities, permissions or variations to the parole order or other order or licence to be at large that have been made under Australian law ]

** 4   Transfer procedures etc

[ Complete this section if procedures etc for the transfer are to be specified .]

* For paragraph   22   (4)   (b) of the Act, I specify:

[ specify any procedures for the transfer of the prisoner to the transfer country that have been agreed with the transfer country and give any necessary authorisations and directions ]

Dated:

** Renumber heading if required

SCHEDULE

[ Set out the terms on which the prisoner's
sentence of imprisonment is to be completed ]

Form 6A -- Warrant for transfer from Australia--prisoner serving suspended sentence

Note:   See paragraph   7(c).

COMMONWEALTH OF AUSTRALIA

International Transfer of Prisoners Act 1997

WARRANT FOR TRANSFER FROM AUSTRALIA OF PRISONER SERVING SUSPENDED SENTENCE

1   Authorisation of transfer

I, [ name ], * Attorney - General/ * Minister for Justice of the Commonwealth of Australia, acting under section   21 of the International Transfer of Prisoners Act 1997 (the Act ), authorise the transfer of [ name of prisoner ] (the prisoner ), born on [ prisoner's date of birth ], who is serving the suspended part of the sentence of imprisonment, from Australia to [ name of transfer country ] (the transfer country ) to complete the prisoner's sentence on the terms set out in the Schedule.

2   Written consent statement

For paragraph   22(2)(c) of the Act, I state that I, and the following persons and authorities, have given written consent to the transfer of the prisoner from Australia to the transfer country:

(a)   * [ name of prisoner ]/ * [ name of prisoner's representative ];

(b)   [ name of representative of appropriate authority of transfer country ];

(c)   [ name and title of relevant State Minister ].

** 3   Conditions

[ Complete this section if conditions are to be specified ]

* For paragraph   22(4A)(a) of the Act, I specify:

[ specify any conditions relating to the sentence that have been imposed under Australian law ]

** 4   Transfer procedures etc.

[ Complete this section if procedures etc. for the transfer are to be specified ]

* For paragraph   22(4A)(b) of the Act, I specify:

[ specify any procedures for the transfer of the prisoner to the transfer country that have been agreed with the transfer country and give any necessary authorisations and directions ]

Dated:

** Renumber heading if required

SCHEDULE

[ Set out the terms on which the prisoner's
sentence of imprisonment is to be completed ]

Form 7 -- Notification of receipt of request for transfer of prisoner to Australia

(regulation   8)

COMMONWEALTH OF AUSTRALIA

International Transfer of Prisoners Act 1997

NOTIFICATION OF RECEIPT OF REQUEST FOR TRANSFER OF PRISONER TO AUSTRALIA

To: [ name of relevant Minister of State or Territory to which prisoner wishes to transfer ]

I, [ name ], * Attorney - General/ * Minister for Justice/ * delegate of the Attorney - General, under subsection   27   (1) of the International Transfer of Prisoners Act 1997 , give notice that [ name of prisoner ], a prisoner currently serving a sentence of imprisonment in [ name of transfer country ], has applied for a transfer to [ name of State or Territory ] to complete the prisoner's sentence.

Dated:

Form 8 -- Warrant for transfer to Australia--prisoner not on parole and not serving suspended sentence

Note:   See paragraph   9(a).

COMMONWEALTH OF AUSTRALIA

International Transfer of Prisoners Act 1997

WARRANT FOR TRANSFER TO AUSTRALIA OF PRISONER NOT ON PAROLE AND NOT SERVING SUSPENDED SENTENCE

1   Authorisation of transfer

I, [ name ], * Attorney - General/ * Minister for Justice of the Commonwealth of Australia, acting under section   29 of the International Transfer of Prisoners Act   1997 (the Act ), authorise the transfer of [ name of prisoner ] (the prisoner ), born on [ prisoner's date of birth ], and serving a sentence of imprisonment in [ name of prison or institution ], from [ name of transfer country ] (the transfer country ) to Australia to complete the prisoner's sentence in accordance with the terms mentioned in the directions on sentence enforcement given by the Attorney - General under section   42 or   44 of the Act.

2   Written consent statement

For paragraph   30   (2)   (c) of the Act, I state that I, and the following persons and authorities, have given written consent to the transfer of the prisoner from the transfer country to Australia:

(a)   * [ name of prisoner ]/ * [ name of prisoner's representative ];

(b)   [ name of representative of appropriate authority of transfer country ];

(c)   [ name and title of relevant State Minister ].

3   Authorisation to collect prisoner

For subsection   30   (3) of the Act, I authorise [ title of escort officer/officers ] (the escort * officer/ * officers ) to collect the prisoner from [ place from which the prisoner is to be collected ].

* 4   Authorisation to transport, escort, take into custody etc

[ Complete the next paragraph if the prisoner is to be collected from a place in the transfer country ]

* For subsection   30   (3) of the Act, I also authorise:

(a)   the escort * officer/ * officers to transport the prisoner in custody to Australia, and surrender the prisoner to [ title of person appointed by the Attorney - General for paragraph   30   (3)   (b) of the Act ] (the appointed person ); and

* (b)   the appointed person to escort the prisoner in custody to [ name of prison, hospital or other place where prisoner is to begin to complete sentence of imprisonment ].

[ Complete the next paragraph if the prisoner is to be collected from a place in Australia ]

* For subsection   30   (3) of the Act, I also authorise the escort * officer/ * officers to escort the prisoner to [ name of prison, hospital or other place where prisoner is to begin to complete sentence of imprisonment ].

[ Complete the next paragraph if the prisoner is to be escorted to a prison in Australia ]

* For subsection   30   (3) of the Act, I also require [ title of superintendent of prison to which prisoner is to be escorted ], superintendent of [ name of prison to which prisoner is to be escorted ], to take the prisoner into custody to be dealt with under the terms agreed under the Act.

[ Complete the next paragraph if the prisoner is to be escorted to a hospital or other place in Australia ]

* For subsection   30   (3) of the Act, I also authorise the detention of the prisoner in [ name of hospital or other place to which prisoner is to be escorted ] to be dealt with in accordance with the terms agreed under the Act.

Dated:

Form 9 -- Warrant for transfer to Australia -- prisoner on parole

(paragraph   9   (b))

COMMONWEALTH OF AUSTRALIA

International Transfer of Prisoners Act 1997

WARRANT FOR TRANSFER TO AUSTRALIA OF PRISONER ON PAROLE

1   Authorisation of transfer

I, [name], * Attorney - General/ * Minister for Justice of the Commonwealth of Australia, acting under section   29 of the International Transfer of Prisoners Act   1997 (the Act), authorise the transfer of [name of prisoner] (the prisoner), born on [prisoner's date of birth], who has been released on parole, from [name of transfer country] (the transfer country) to Australia to complete the prisoner's sentence in accordance with the terms mentioned in the directions on sentence enforcement given by the Attorney - General under section   42 or 44 of the Act.

2   Written consent statement

For paragraph   30   (2)   (c) of the Act, I state that I, and the following persons and authorities, have given written consent to the transfer of the prisoner from the transfer country to Australia:

(a)   * [ name of prisoner ]/ * [ name of prisoner's representative ];

(b)   [ name of representative of appropriate authority of transfer country ];

(c)   [ name and title of relevant State Minister ].

* 3   Transfer procedures or authorisations etc

* For subsection   30   (4) of the Act, I:

[ specify any procedures for the transfer of the prisoner to Australia that have been agreed upon with the transfer country and give any necessary authorisations and directions ]

Dated:

Form 9A -- Warrant for transfer to Australia--prisoner serving suspended sentence

Note:   See paragraph   9(c).

COMMONWEALTH OF AUSTRALIA

International Transfer of Prisoners Act 1997

WARRANT FOR TRANSFER TO AUSTRALIA OF PRISONER SERVING SUSPENDED SENTENCE

1   Authorisation of transfer

I, [ name ], * Attorney - General/ * Minister for Justice of the Commonwealth of Australia, acting under section   29 of the International Transfer of Prisoners Act 1997 (the Act ), authorise the transfer of [ name of prisoner ] (the prisoner ), born on [ prisoner's date of birth ], who is serving the suspended part of the sentence of imprisonment, from [ name of transfer country ] (the transfer country ) to Australia to complete the prisoner's sentence in accordance with the terms mentioned in the directions on sentence enforcement given by the Attorney - General under section   42 or 44 of the Act.

2   Written consent statement

For paragraph   30(2)(c) of the Act, I state that I, and the following persons and authorities, have given written consent to the transfer of the prisoner from the transfer country to Australia:

(a)   * [ name of prisoner ]/ * [ name of prisoner's representative ];

(b)   [ name of representative of appropriate authority of transfer country ];

(c)   [ name and title of relevant State Minister ].

* 3   Transfer procedures or authorisations etc.

* For subsection   30(4) of the Act, I:

[ specify any procedures for the transfer of the prisoner to Australia that have been agreed upon with the transfer country and give any necessary authorisations and directions ]

Dated:

Form 10 -- Warrant for transfer to Australia -- Tribunal prisoner not on parole

(paragraph   10   (a))

COMMONWEALTH OF AUSTRALIA

International Transfer of Prisoners Act 1997

WARRANT FOR TRANSFER TO AUSTRALIA OF TRIBUNAL PRISONER NOT ON PAROLE

1   Authorisation of transfer

I, [ name ], * Attorney - General/ * Minister for Justice of the Commonwealth of Australia, acting under section   38 of the International Transfer of Prisoners Act   1997 (the Act ), authorise the transfer of [ name of Tribunal prisoner ] (the prisoner ), born on [ prisoner's date of birth ], and serving a sentence of imprisonment imposed by [ name of Tribunal ], from [ name of Tribunal country ] (the Tribunal country ) to Australia to complete the prisoner's sentence in accordance with the terms mentioned in the directions on sentence enforcement given by the Attorney - General under section   42 or 44 of the Act.

2   Written consent statement

For paragraph   39   (2)   (c) of the Act, I state that I, and the following persons and authorities, have given written consent to the transfer of the prisoner from the Tribunal country to Australia:

(a)   * [ name of prisoner ]/ * [ name of prisoner's representative ];

(b)   [ name of Tribunal ];

(c)   [ name and title of relevant State Minister ].

3   Authorisation to collect prisoner

For subsection   39   (3) of the Act, I authorise [ title of escort * officer/ * officers ] (the escort * officer/ * officers ) to collect the prisoner from [ place from which the prisoner is to be collected ].

* 4   Authorisation to transport, escort, take into custody etc

[ C omplete the next paragraph if the prisoner is to be collected from a place in the Tribunal country ]

* For subsection   39   (3) of the Act, I also authorise:

(a)   the escort * officer/ * officers to transport the prisoner in custody to Australia, and surrender the prisoner to [ title of person appointed by the Attorney - General for paragraph   39   (3)   (b) of the Act ] (the appointed person ); and

* (b)   the appointed person to escort the prisoner in custody to [ name of prison, hospital or other place where the prisoner is to begin to complete serving the sentence of imprisonment ].

[Complete the next paragraph if the prisoner is to be collected from a place in Australia]

* For subsection   39   (3) of the Act, I also authorise the escort * officer/ * officers to escort the prisoner to [ name of prison, hospital or other place where the prisoner is to begin to complete serving the sentence of imprisonment ].

[ C omplete the next paragraph if the prisoner is to be escorted to a prison in Australia ]

* For subsection   39   (3) of the Act, I also require [ title of superintendent of the prison to which the prisoner is to be escorted ], superintendent of [ name of prison to which the prisoner is to be escorted ], to take the prisoner into custody to be dealt with in accordance with the terms agreed under the Act.

[ Complete the next paragraph if the prisoner is to be escorted to a hospital or other place in Australia ]

* For subsection   39   (3) of the Act, I also authorise the detention of the prisoner in [ name of hospital or other place to which the prisoner is to be escorted ] to be dealt with in accordance with the terms agreed under the Act.

Dated:

Form 11 -- Warrant for transfer to Australia -- Tribunal prisoner on parole

(paragraph   10   (b))

COMMONWEALTH OF AUSTRALIA

International Transfer of Prisoners Act 1997

WARRANT FOR TRANSFER TO AUSTRALIA OF TRIBUNAL PRISONER ON PAROLE

1   Authorisation of transfer

I, [ name ], * Attorney - General/ * Minister for Justice of the Commonwealth of Australia, acting under section   38 of the International Transfer of Prisoners Act   1997 (the Act ), authorise the transfer of [ name of prisoner ] (the prisoner ), born on [ prisoner's date of birth ], who has been released on parole, from [ name of Tribunal country ] (the Tribunal country ) to Australia to complete the prisoner's sentence in accordance with the terms mentioned in the directions on sentence enforcement given by the Attorney - General under section   42 or 44 of the Act.

2   Written consent statement

For paragraph   39   (2)   (c) of the Act, I state that I, and the following persons and authorities, have given written consent to the transfer of the prisoner from the Tribunal country to Australia:

(a)   * [ name of prisoner ]/ * [ name of prisoner's representative ];

(b)   [ name of Tribunal ];

(c)   [ name and title of relevant State Minister ].

* 3   Transfer procedures or authorisations etc

* For subsection   39   (4) of the Act, I:

[ specify any procedures for the transfer of the prisoner to Australia that have been agreed upon with the Tribunal and give any necessary authorisations and directions ]

Dated:

Form 12 -- Direction that prisoner not be detained

(subregulation   11   (1))

COMMONWEALTH OF AUSTRALIA

International Transfer of Prisoners Act 1997

DIRECTION THAT PRISONER NOT BE DETAINED

I, [ name ], * Attorney - General/ * Minister for Justice of the Commonwealth of Australia, acting under subsection   49   (2) of the International Transfer of Prisoners Act   1997 (the Act ), satisfied that [ name of prisoner ] (the prisoner ) was transferred from [ name of transfer country ] (the transfer country ) to Australia on [ date of transfer ] to complete serving a sentence of imprisonment imposed by the transfer country, direct that the prisoner is not to be detained in custody, or otherwise subjected to detention or supervision in Australia, under the sentence of imprisonment imposed by the transfer country and enforced under the Act only because of that sentence.

I give this direction:

* (a)   having been advised that the prisoner has been * pardoned/ * granted amnesty/ * granted commutation of the sentence of imprisonment under an Australian law;

* (b)   having been notified by the authorities of the transfer country that the prisoner's conviction has been quashed or otherwise nullified under the law of the transfer country;

* (c)   having been notified by the authorities of the transfer country that the prisoner has been * pardoned/ * granted amnesty/ * granted commutation of sentence of imprisonment under the law of the transfer country.

Dated:

Form 13 -- Direction that Tribunal prisoner not be detained

(subregulation   11   (2))

COMMONWEALTH OF AUSTRALIA

International Transfer of Prisoners Act 1997

DIRECTION THAT TRIBUNAL PRISONER NOT BE DETAINED

I, [ name ], * Attorney - General/ * Minister for Justice of the Commonwealth of Australia, acting under subsection   49   (3) of the International Transfer of Prisoners Act   1997 (the Act ), satisfied that [ name of Tribunal prisoner ] (the prisoner ) was transferred from [ name of Tribunal country ] (the Tribunal country ) to Australia on [ date of transfer ] to complete serving a sentence of imprisonment imposed by [ name of Tribunal ] (the Tribunal ), direct that the prisoner is not to be detained in custody, or otherwise subjected to detention or supervision in Australia, under the sentence of imprisonment imposed by the Tribunal and enforced under the Act only because of that sentence.

I give this direction:

* (a)   having been notified by the Tribunal that the prisoner may be * pardoned/ * granted amnesty/ * granted commutation of the sentence of imprisonment under an Australian law, and being satisfied that the prisoner has been * pardoned/ * granted amnesty/ * granted commutation of sentence of imprisonment under an Australian law;

* (b)   having been notified by the Tribunal that the prisoner's conviction has been quashed or otherwise nullified;

* (c)   having been notified by the Tribunal that the prisoner has been * pardoned/ * granted amnesty/ * granted commutation of sentence of imprisonment by the Tribunal;

Dated:

Form 14 -- Application for warrant to hold prisoner in custody

(regulation   12)

Commonwealth of Australia

International Transfer of Prisoners Act 1997

APPLICATION FOR WARRANT TO HOLD PRISONER IN CUSTODY DURING TRANSPORT THROUGH AUSTRALIA

TO:   [ name of Magistrate ]

I, [ name ], a representative of [ name of * transfer country/ * Tribunal ] (the * transfer country / * Tribunal ), under subparagraph   55   (1)   (b)   (iii) of the Act and on behalf of the * transfer country/ * Tribunal, apply for the issue of a warrant ordering [ title of person in whose custody the prisoner is to be held ] to hold [ name of prisoner ] (the prisoner ) in custody, for a period that you consider necessary, so that the prisoner can be transported from [ name of * transfer country/ * Tribunal country from which the prisoner is being transferred ] to [ name of * transfer country/ * Tribunal country to which the prisoner is being transferred ].

Dated

... ... ... ... ... ... ... ... ... ...

Applicant

*       Omit if not applicable