Commonwealth Numbered Acts

INTERNATIONAL TRANSFER OF PRISONERS ACT 1997 No. 75 of 1997 - SECT 49

(1) During the period in which a sentence of imprisonment is served in
Australia by a prisoner transferred to Australia under this Act, the prisoner
may be pardoned or granted any amnesty or commutation of sentence of
imprisonment that could be granted under Australian law if the sentence of
imprisonment had been imposed for an offence against an Australian law.

(2) The Attorney-General is to direct, in a form prescribed by the
regulations, that a prisoner must not be detained in custody or otherwise be
subjected to detention or supervision in Australia under a sentence of
imprisonment imposed by a transfer country enforced under this Act only
because of that sentence of imprisonment if, during the period in which the
sentence of imprisonment is served in Australia:

   (a)  the prisoner is pardoned or granted amnesty or commutation of sentence
        of imprisonment under an Australian law; or

   (b)  the transfer country notifies the Attorney-General that the prisoner's
        conviction has been quashed or otherwise nullified or that the
        prisoner has been pardoned or granted amnesty or commutation of
        sentence of imprisonment under the law of the transfer country.

(3) The Attorney-General is to direct, in a form prescribed by the
regulations, that a prisoner must not be detained in custody or otherwise be
subjected to detention or supervision in Australia under a sentence of
imprisonment imposed by a Tribunal enforced under this Act only because of
that sentence of imprisonment if, during the period in which the sentence is
served in Australia:

   (a)  the Tribunal notifies the Attorney-General that the prisoner may be
        pardoned or granted amnesty or commutation of sentence of imprisonment
        under an Australian law and the prisoner is granted such amnesty or
        commutation of sentence of imprisonment; or

   (b)  the Tribunal notifies the Attorney-General that the prisoner's
        conviction has been quashed or otherwise nullified or that the
        prisoner has been pardoned or granted amnesty or commutation of
        sentence of imprisonment by the Tribunal.