Victorian Current Acts

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PRISONERS (INTERSTATE TRANSFER) ACT 1983 - SECT 12

Request for transfer of prisoner to participating State

S. 12(1) amended by No. 16/1991 s. 24(a)(c)–(e).

    (1)     Where a person the subject of an arrest warrant issued in accordance with the law of a participating State, the Commonwealth or a Territory is a prisoner serving a sentence of imprisonment in Victoria and the Attorney-General receives—

S. 12(1)(a) substituted by No. 16/1991 s. 24(b).

        (a)     from—

              (i)     in the case of an arrest warrant issued in accordance with the law of a participating State—the Attorney-General of the participating State; or

              (ii)     in the case of an arrest warrant issued in accordance with the law of the Commonwealth or a Territory—the Attorney-General of the Commonwealth—

a written request, accompanied by a copy of the warrant; or

        (b)     a written request made by the prisoner
to the Minister and referred to the Attorney‑General—

being in any case a request for the transfer of the prisoner to a participating State or to a Territory to be dealt with according to law, the Attorney‑General shall either refuse to consent, or consent, to the transfer and shall give to the Attorney-General of the participating State, the Attorney-General of the Commonwealth or to the Minister, as the case may be, written notice of his refusal or consent.

S. 12(2) amended by No. 16/1991 s. 24(f).

    (2)     Where the Minister receives a written request made by a prisoner for the transfer of the prisoner to a participating State or to a Territory to be dealt with according to law, the Minister shall refer the written request to the Attorney-General.

S. 12(3) amended by No. 16/1991 s. 24(f).

    (3)     A request made by a prisoner for his transfer to a participating State or to a Territory need not be referred by the Minister to the Attorney-General if it is made within one year of a similar request made by the prisoner.



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