Commonwealth Numbered Acts

TRANSFER OF PRISONERS ACT 1983 NO. 95 OF 1983 - SECT 14

PART IV-RETURN OF PRISONER

14. (1) Where a prisoner is, in pursuance of a trial transfer order or a
State order of transfer or both, transferred to a State or Territory to stand
trial for a charge in respect of an offence against a law of the Commonwealth
or of that State or Territory, the Attorney-General shall, if-

   (a)  the Attorney-General is satisfied that that charge and such other
        charges (if any) as have been laid against the prisoner (whether
        before or after the prisoner was so transferred)-

        (i)    in respect of offences against laws of the Commonwealth that
               are triable in that State or Territory; or

        (ii)   in respect of offences against laws of that State or Territory,

have been finally dealt with according to law;

   (b)  the prisoner is, upon that charge or those charges having been so
        dealt with, a Commonwealth prisoner; and

   (c)  the prisoner has not, upon that charge or those charges having been so
        dealt with, been sentenced in that State or Territory to a term of
        imprisonment for an offence against a law of the Commonwealth or of
        that State or Territory that expires on a day later than the last day
        of any federal sentence, transferred sentence or translated sentence
        of the prisoner,
by notice in writing served on the prisoner, inform the prisoner that unless-

   (d)  the prisoner applies to the Attorney-General in accordance with
        sub-section (2) by such date as is specified in the notice, being a
        date later than 14 days after service of the notice, for an order
        declaring the prisoner to be an exempt prisoner; and

   (e)  the Attorney-General makes that order,
the Attorney-General will make an order in writing for the transfer of the
prisoner from that State or Territory back to the State or Territory from
which he has been transferred in pursuance of that trial transfer order or
order of transfer.

(2) Subject to this section, upon application made to the Attorney-General by
a prisoner upon whom a notice has been served under sub-section (1), the
Attorney-General may, in his discretion, make an order declaring the prisoner
to be an exempt prisoner.

(3) An application made by a prisoner under sub-section (2) shall set out such
matters with respect to the welfare of the prisoner as the prisoner considers
relevant.

(4) In exercising his powers under sub-section (2) to make an order declaring
a prisoner to be an exempt prisoner, the Attorney-General shall have regard to
all matters that he considers relevant, including, but without limiting the
generality of the foregoing-

   (a)  the administration of justice; and

   (b)  the welfare of the prisoner.

(5) Where a prisoner upon whom a notice has been served under sub-section (1)
is, at the time when the notice is served upon him, serving a sentence of
imprisonment in a State, the Attorney-General shall not make an order
declaring that prisoner to be an exempt prisoner unless the appropriate
Minister of that State has consented in writing to the making of that order.

(6) Where-

   (a)  a prisoner upon whom a notice has been served under sub-section (1)
        fails to apply in accordance with the notice for an order declaring
        him to be an exempt prisoner; or

   (b)  a prisoner upon whom a notice has been served under sub-section (1)
        applies in accordance with the notice for such an order but the
        Attorney-General refuses to make the order so sought,
the Attorney-General shall make the order for the transfer of the prisoner
that is set out in the notice unless-

   (c)  the Attorney-General has ceased to be satisfied with respect to the
        matter referred to in paragraph (1) (a); or

   (d)  paragraph (1) (b) or (c) has ceased to apply in relation to the
        prisoner.

(7) A return transfer order shall come into force on a day specified in the
order, being a day not later than 7 days after it is made.

(8) For the purpose of determining, under sub-section (1), whether a term of
imprisonment to which a prisoner is sentenced in a State or Territory expires
on a later day than the last day of any federal sentence, transferred sentence
or translated sentence of the prisoner, a sentence of imprisonment
for an indeterminate period shall be taken to expire on a later day than the
last day of any sentence of imprisonment for a finite period.

(9) Notwithstanding sub-section (6), the Attorney-General is not required to
make an order for the transfer of a prisoner under that sub-section from a
State or Territory to another State or Territory if he has made an order under
section 6 for the transfer of the prisoner from the first-mentioned State or
Territory to a State or Territory other than the second-mentioned State or
Territory.