Commonwealth Numbered Acts

TRANSFER OF PRISONERS ACT 1983 NO. 95 OF 1983 - SECT 9

9. (1) Subject to this section, where-

   (a)  a warrant for the apprehension of a Commonwealth prisoner serving a
        federal, Territory or State sentence of imprisonment in a State or
        Territory has been issued in a State, being, in the case of a prisoner
        serving a sentence of imprisonment in a State, a State other than the
        State in which he is imprisoned;

   (b)  the warrant relates to a charge or charges in respect of an offence or
        offences against a law of the State in which the warrant was issued;
        and

   (c)  the appropriate Minister of the State in which the warrant was issued
        certifies in writing that it is desirable in the interests of the
        administration of justice that the prisoner be transferred from the
        State or Territory in which he is imprisoned to the State in which the
        warrant was issued to stand trial for the charge or charges to which
        the warrant relates,
that Minister may, of his own motion or upon written request to do so being
made to him by the prisoner, apply to a court of summary jurisdiction in the
State or Territory in which the prisoner is imprisoned for an order for the
transfer of the prisoner to the State in which the warrant was issued.

(2) A Minister of a State shall not make an application under sub-section (1)
for an order for the transfer of a Commonwealth prisoner imprisoned in another
State or in a Territory to the first-mentioned State unless he has obtained
the consent, in writing, of the Attorney-General to the transfer.

(3) An application under sub-section (1) for an order for the transfer of a
prisoner shall be accompanied by a copy of the warrant concerned, by the
certificate referred to in paragraph (1) (c) and by the consent required under
this section in relation to the transfer.
(4) In this section, ''appropriate Minister'', in relation to Queensland,
means the Attorney-General of Queensland.