Victorian Current Acts

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PRISONERS (INTERSTATE TRANSFER) ACT 1983 - SECT 13

Necessary consents

S. 13(1) substituted by No. 16/1991 s. 25(a).

    (1)     An order of transfer shall be issued under this Part only if—

        (a)     the Attorney-General has, in writing, consented to the transfer of the prisoner to whom the order relates to the participating State or to the Territory, as the case may be; and

        (b)     in the case of a request for the transfer of a prisoner to a participating State (including a prisoner to whom paragraph (c)(ii) applies)—the Attorney-General of the participating State has, in writing, either consented to or requested the transfer; and

        (c)     in the case of—

              (i)     a request for the transfer of a prisoner to a Territory; or

              (ii)     a request for the transfer of a prisoner for the purpose of being dealt with in respect of an arrest warrant issued in accordance with the law of the Commonwealth—

the Attorney-General of the Commonwealth has, in writing, either consented to or requested the transfer.

S. 13(2) amended by No. 16/1991 s. 25(b).

    (2)     A certificate signed by a prescribed officer certifying that any consent or request required under subsection (1) for the transfer of a prisoner to a participating State, or to a Territory, specified in the certificate has been given or made is, in the absence of evidence to the contrary, proof that the consent or request has been given or made.



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