Commonwealth Numbered Acts

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TRANSFER OF PRISONERS ACT 1983 NO. 95 OF 1983 - SECT 6

Transfer of Commonwealth prisoner on welfare grounds
PART II-TRANSFER FOR PRISONER'S WELFARE

6. (1) Subject to this section, upon application made in writing to the
Attorney-General by a Commonwealth prisoner serving a federal, Territory or
State sentence of imprisonment in a prison of a State or Territory, the
Attorney-General may, in his discretion, make an order in writing for the
transfer of the prisoner from that State or Territory to another State or
Territory.

(2) An application made by a Commonwealth prisoner under sub-section (1) shall
set out such matters with respect to the welfare of the prisoner as the
prisoner considers relevant.

(3) In exercising his powers under sub-section (1) to make an order for the
transfer of a 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.

(4) The Attorney-General shall not make an order under sub-section (1) for the
transfer of a prisoner to a State unless the appropriate Minister of that
State has consented in writing to the transfer.

(5) The Attorney-General is not required to consider an application made by a
prisoner under sub-section (1) for transfer from a State or Territory to
another State or Territory if the prisoner has previously made application
under that sub-section for transfer to that other State or Territory within
the period of one year immediately preceding the making of the first-mentioned
application. 


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