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International Transfer of Prisoners Act 1997
No. 75, 1997
In force
Administered by
Attorney-General's Department
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C2023C00237 C10
14 September 2023
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Part 1—Preliminary
1 Short title
2 Commencement
3 Objects of Act
4 Definitions
4AA Close family member
4A Sentences of imprisonment imposed by military commissions of the United States of America
4B Suspended sentences of imprisonment
5 Appropriate Ministerial consent to transfer
6 Prisoner’s and prisoner’s representative’s consent to transfer
7 Extension to external Territories
8 Application of Act to transfer countries
9 Act to bind Crown
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Part 2—Transfers generally
10 When may a prisoner (other than a Tribunal prisoner) be transferred?
10A Decisions by the Attorney General about transfers
11 When may a Tribunal prisoner be transferred?
12 Eligibility for transfer from Australia of prisoners (other than Tribunal prisoners)
13 Eligibility for transfer to Australia of prisoners (other than Tribunal prisoners)
14 Transfer conditions—transfer from Australia
15 Transfer conditions—transfer to Australia
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Part 3—Transfers from Australia
16 Applications for transfer from Australia
18 Asking the transfer country to consent to the transfer
19 Decision by the Attorney General to refuse consent to transfer from Australia
20 Governmental consent to transfer from Australia
21 Issue of warrant for transfer from Australia
22 Warrants for transfer from Australia
23 Cancellation of warrant for transfer from Australia
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Part 4—Transfers to Australia of prisoners from transfer countries
24 Transfer request from outside Australia
24A Decision by the Attorney General to refuse consent to transfer to Australia
25 Information to accompany request
26 Enforcement of foreign sentence
27 Governmental consent to transfer to Australia
28 Transfer country’s consent to transfer
29 Issue of warrant for transfer to Australia
30 Warrants for transfer to Australia
31 Cancellation of warrant
32 Effect of warrant on prisoner’s sentence
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Part 5—Transfer to Australia of Tribunal prisoners
33 Transfer request from a Tribunal
33A Decision by the Attorney General to refuse consent to transfer of Tribunal prisoner to Australia
34 Information to accompany request
35 Enforcement of Tribunal sentence of imprisonment
36 Governmental consent to transfer to Australia
37 Formal consent to transfer
38 Issue of warrant for transfer to Australia
39 Warrants for transfer to Australia
40 Cancellation of warrant
41 Effect of warrant on Tribunal prisoner’s sentence
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Part 6—Enforcement of sentences
42 Sentence enforcement in Australia
43 Duration and nature of enforced sentence
44 Directions concerning enforcement of sentence
45 Appeal and review of sentences of imprisonment imposed by transfer country or Tribunal and sentence enforcement decisions of Attorney General
46 Prisoner transferred to Australia taken to be federal prisoner
47 Prisoner transferred from Australia taken to be prisoner of transfer country
48 Pardon, amnesty or commutation of sentences of imprisonment—prisoners transferred from Australia
49 Pardon, amnesty or commutation of sentences of imprisonment—prisoners transferred to Australia
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Part 7—Miscellaneous
50 Arrangements with States and Territories
51 Recovery of costs and expenses of transfer
52 Prisoner and prisoner’s representative to be kept informed
53 Delegation
54 Notification of countries as transfer countries
55 Transit of prisoners
56 Arrest of persons escaping from custody
56A Aiding persons to escape etc.
57 Consent of the Immigration Minister
58 Regulations
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Endnote 5—Editorial changes
