Victorian Current Acts

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Order of transfer

The Magistrates' Court shall—

S. 15(a) amended by No. 16/1991 s. 26(a).

        (a)     issue an order for the transfer of the prisoner to the participating State, or to the Territory, specified in the certificate issued in accordance with section 13(2) in respect of the prisoner; or

S. 15(b) amended by No. 16/1991 s. 26(b).

        (b)     if the court, on the application of the prisoner, is satisfied that it would be harsh or oppressive or not in the interests of justice to transfer the prisoner to that participating State or Territory or that the trivial nature of the charge or complaint against the prisoner does not warrant the transfer, refuse to issue such an order.

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