Commonwealth Numbered Acts

INTERNATIONAL TRANSFER OF PRISONERS ACT 1997 No. 75 of 1997 - SECT 5

(1) Ministerial consent to the transfer of a prisoner from Australia to a
transfer country is required to be given:

   (a)  if the prisoner is a federal prisoner-by the Attorney-General; or

   (b)  if the prisoner is a State prisoner-by both the Attorney-General and
        the State Minister concerned; or

   (c)  if the prisoner is a Territory prisoner-by both the Attorney- General
        and the Territory Minister concerned; or

   (d)  if the prisoner is a joint prisoner-by the Attorney-General and all
        State Ministers or Territory Ministers concerned.

(2) Ministerial consent to the transfer of a prisoner from a transfer country
to Australia is required to be given:

   (a)  by both the Attorney-General and the State or Territory Minister of
        the State or Territory in which the prisoner is to begin to complete
        serving a sentence of imprisonment imposed by the transfer country in
        accordance with this Act; and

   (b)  if applicable:

        (i)    if the prisoner is to begin to complete serving a sentence of
               imprisonment imposed by the transfer country in accordance with
               this Act in New South Wales but has community ties with the
               ACT, the Jervis Bay Territory or Norfolk Island-by the ACT
               Minister or Territory Minister concerned; or

        (ii)   if the prisoner is to begin to complete serving a sentence of
               imprisonment imposed by the transfer country in accordance with
               this Act in Western Australia but has community ties with a
               Territory other than the Jervis Bay Territory or Norfolk
               Island-by the Territory Minister. Note: Community ties with a
               State or Territory is defined in subsection 4(5).

(3) Ministerial consent to the transfer of a Tribunal prisoner from a Tribunal
country to Australia is required to be given by the Attorney-General and the
State Minister or Territory Minister of the State or Territory in which the
Tribunal prisoner is to begin to complete serving the sentence of imprisonment
imposed by the Tribunal in accordance with this Act. Note: A prisoner may be
transferred from the prison, hospital or other place in which the prisoner
begins to complete serving a sentence of imprisonment to another prison,
hospital or other place in the State or Territory or to a prison, hospital or
other place in another State or Territory. See paragraphs 46(5)(d), (e) and
(i).