International Transfer of Prisoners Regulations 2002

Statutory Rules 2002 No. 1881

I, PETER JOHN HOLLINGWORTH, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the International Transfer of Prisoners Act 1997.

Dated 8 August 2002

PETER HOLLINGWORTH

Governor-General

By His Excellency’s Command

CHRISTOPHER MARTIN ELLISON

Minister for Justice and Customs

Contents

 1 Name of Regulations 

 2 Commencement 

 3 Definition 

 4 References to forms 

 5 Application by prisoner for transfer from Australia 

 6 Details to accompany application by prisoner for transfer from Australia             

 7 Warrant for transfer of prisoner from Australia 

 8 Notification of receipt of request for transfer of prisoner to Australia             

 9 Warrant for transfer of prisoner to Australia 

 10 Warrant for transfer of Tribunal prisoner to Australia 

 11 Direction that prisoner or Tribunal prisoner not be detained — prisoner pardoned, etc             

 12 Application for warrant for custody of prisoner being transported through Australia             

Schedule 1 Forms 

Form 1 Application for transfer from Australia — prisoner not on parole             

Form 2 Corrections details — prisoner not on parole 

Form 3 Application for transfer from Australia — prisoner on parole 

Form 4 Corrections details — prisoner on parole 

Form 5 Warrant for transfer from Australia — prisoner not on parole 

Form 6 Warrant for transfer from Australia — prisoner on parole 

Form 7 Notification of receipt of request for transfer of prisoner to Australia             

Form 8 Warrant for transfer to Australia — prisoner not on parole 

Form 9 Warrant for transfer to Australia — prisoner on parole 

Form 10 Warrant for transfer to Australia — Tribunal prisoner not on parole             

Form 11 Warrant for transfer to Australia — Tribunal prisoner on parole             

Form 12 Direction that prisoner not be detained 

Form 13 Direction that Tribunal prisoner not be detained 

Form 14 Application for warrant to hold prisoner in custody 

 

 

1 Name of Regulations

  These Regulations are the International Transfer of Prisoners Regulations 2002.

2 Commencement

  These Regulations commence on gazettal.

3 Definition

  In these Regulations:

Act means the International Transfer of Prisoners Act 1997.

Note   The following expressions are defined in section 4 of the Act:

 community ties

 prisoner

 prisoner’s representative

 release on parole

 sentence of imprisonment

 State Minister

 Tribunal

 Tribunal country

 Tribunal prisoner.

4 References to forms

  In these Regulations, a reference to a form followed by a number is a reference to a form so numbered in Schedule 1.

5 Application by prisoner for transfer from Australia

  For section 16 of the Act, an application by a prisoner, or a prisoner’s representative, for transfer of the prisoner to a transfer country must be made:

 (a) in the case of a prisoner other than a prisoner who has been released on parole — in accordance with Form 1; and

 (b) in the case of a prisoner who has been released on parole — in accordance with Form 3.

6 Details to accompany application by prisoner for transfer from Australia

  For subsection 58 (2) of the Act, an application by a prisoner, or a prisoner’s representative, for transfer of the prisoner to a transfer country must be accompanied by information provided by the agency administering the provisions of correctional services in the relevant State or Territory:

 (a) in the case of a prisoner other than a prisoner who has been released on parole — in accordance with Form 2; and

 (b) in the case of a prisoner who has been released on parole — in accordance with Form 4.

7 Warrant for transfer of prisoner from Australia

  For section 21 of the Act, the form of warrant is:

 (a) in the case of a prisoner other than a prisoner who has been released on parole — Form 5; and

 (b) in the case of a prisoner who has been released on parole — Form 6.

8 Notification of receipt of request for transfer of prisoner to Australia

  For subsection 27 (1) of the Act, the form of notification is Form 7.

9 Warrant for transfer of prisoner to Australia

  For section 29 of the Act, the form of warrant is:

 (a) in the case of a prisoner other than a prisoner who has been released on parole — Form 8; and

 (b) in the case of a prisoner who has been released on parole — Form 9.

10 Warrant for transfer of Tribunal prisoner to Australia

  For section 38 of the Act, the form of warrant is:

 (a) in the case of a Tribunal prisoner other than a Tribunal prisoner who has been released on parole — Form 10; and

 (b) in the case of a Tribunal prisoner who has been released on parole — Form 11.

11 Direction that prisoner or Tribunal prisoner not be detained — prisoner pardoned, etc

 (1) For subsection 49 (2) of the Act, the form of direction is Form 12.

 (2) For subsection 49 (3) of the Act, the form of direction is Form 13.

12 Application for warrant for custody of prisoner being transported through Australia

  For subparagraph 55 (1) (b) (iii) of the Act, the form of application is Form 14.

Schedule 1 Forms

(regulation 4)

Form 1 Application for transfer from Australia — prisoner not on parole

(paragraph 5 (a))

Commonwealth of Australia

International Transfer of Prisoners Act 1997

APPLICATION FOR TRANSFER FROM AUSTRALIA OF PRISONER NOT ON PAROLE

1. I, [name of prisoner], currently serving a sentence of imprisonment at [name of prison or institution], apply, under section 16 of the International Transfer of Prisoners Act 1997, for transfer to [name of transfer country] to complete serving the sentence on the terms agreed in accordance with that Act.

2. In support of my application, I give the following information:

 [Set out the following information]

A. FULL NAME:

B. OTHER NAMES (IF ANY):

C. DATE OF BIRTH:

D. PLACE OF BIRTH:

E. COUNTRY OF CITIZENSHIP:

F. PASSPORT DETAILS

 (a) date of issue:

 (b) place of issue:

 (c) number:

 (d) date of expiry:

G. DETAILS OF TRANSFER COUNTRY

  [Set out details of the area or region (if any) of the transfer country to which you wish to be transferred and the name of any prison or institution to which you wish to be transferred]

H. COMMUNITY TIES

 [If you are not a citizen of the country to which you are applying to transfer, set out details of any community ties you have with that country]

Dated

…………………………

Prisoner


Form 2 Corrections details — prisoner not on parole

(paragraph 6 (a))

COMMONWEALTH OF AUSTRALIA

International Transfer of Prisoners Act 1997

PRISONER’S CORRECTION DETAILS

1. I, [name of corrections official], provide the following information about [name of prisoner]:

A. NAME OF PRISON OR INSTITUTION IN WHICH SENTENCE IS BEING SERVED

B. DETAILS OF SENTENCE BEING SERVED

 [Set out details of the following matters, if applicable]

 (a) offence(s) for which the sentence is being served;

 (b) term of imprisonment, including any non-parole period, for which the sentence is being served;

 (c) date when the sentence was imposed;

 (d) date of expected release (whether on parole or otherwise);

 (e) details of any pending or possible future appeal against the conviction or sentence being served (including, if appropriate, the name of the appellant);

 (f) details of any other current legal proceeding (including any civil proceeding) in relation to the conviction or sentence.

C. DETAILS OF ANY OUTSTANDING CRIMINAL CHARGES

 [Set out details of any criminal charges under any Australian law that have not been dealt with]

D. DETAILS OF ANY EXTRADITION PROCEEDINGS

 [Set out details of any extradition proceeding that has been commenced in a foreign country]

Dated

…………………………………..

[Signature of corrections official]

………………………………….

[Title of corrections official]


Form 3 Application for transfer from Australia — prisoner on parole

(paragraph 5 (b))

COMMONWEALTH OF AUSTRALIA

International Transfer of Prisoners Act 1997

APPLICATION FOR TRANSFER FROM AUSTRALIA OF PRISONER ON PAROLE

1. I, [name of prisoner], a prisoner within the meaning of the International Transfer of Prisoners Act 1997 (the Act) and released on parole in [name of State or Territory], apply, under section 16 of the Act, for transfer to [name of transfer country] to complete serving the sentence on the terms agreed in accordance with the Act.

2. In support of my application, I give the following information:

 [Set out the following information]

A. FULL NAME:

B. OTHER NAMES (IF ANY):

C. DATE OF BIRTH:

D. PLACE OF BIRTH:

E. CURRENT ADDRESS:

F. COUNTRY OF CITIZENSHIP:

G. PASSPORT DETAILS

 (a) date of issue:

 (b) place of issue:

 (c) number:

 (d) date of expiry:

H. DETAILS OF TRANSFER COUNTRY

 [Set out details of the area or region (if any) of the transfer country to which you wish to be transferred]

I. COMMUNITY TIES

 [If you are not a citizen of the country to which you are applying to transfer, set out details of any community ties you have with that country]

Dated

…………………………

[Signature of prisoner]


Form 4 Corrections details — prisoner on parole

(paragraph 6 (b))

COMMONWEALTH OF AUSTRALIA

International Transfer of Prisoners Act 1997

CORRECTION DETAILS — PRISONER ON PAROLE

1. I, [name of corrections official], provide the following information about [name of prisoner]:

A. DETAILS OF SENTENCE BEING SERVED

 [Set out details of the following matters, if applicable]

 (a) offence(s) for which the sentence is being served and in relation to which parole has been granted;

 (b) time spent in a prison or institution before being released on parole;

 (c) date when the sentence was imposed;

 (d) date of release on parole;

 (e) date on which the sentence will expire;

 (f) details of any pending or possible future appeal against the conviction or sentence being served (including, if appropriate, the name of the appellant);

 (g) details of any other current legal proceeding (including any civil proceeding) in relation to the conviction or sentence.

B. DETAILS OF ANY OUTSTANDING CRIMINAL CHARGES

 [Set out details of any criminal charges under any Australian law that have not been dealt with]

C. DETAILS OF ANY EXTRADITION PROCEEDINGS

 [Set out details of any extradition proceeding that has been commenced in a foreign country]

Dated

…………………………………..

[Signature of corrections official]

…………………………………..

[Title of corrections official]


 

Form 5 Warrant for transfer from Australia — prisoner not on parole

(paragraph 7 (a))

Commonwealth of Australia

International Transfer of Prisoners Act 1997

WARRANT FOR TRANSFER FROM AUSTRALIA OF PRISONER NOT ON PAROLE

1. I, [name], Minister for Justice and Customs of the Commonwealth of Australia, acting under section 21 of the International Transfer of Prisoners Act 1997 (the Act), authorise the transfer of [name of prisoner] (the prisoner), born on [prisoner’s date of birth], and currently serving a sentence of imprisonment in [name of prison or institution], from Australia to [name of transfer country] (the transfer country) to complete the prisoner’s sentence in accordance with the terms set out in the Schedule.

2. In accordance with paragraph 22 (2) (c) of the Act, I state that I, and the following persons and authorities, have given written consent to the transfer of the prisoner from Australia to the transfer country:

  *[name of prisoner]/*[name of prisoner’s representative];

  [name of representative of appropriate authority of transfer country];

  [name and title of relevant State Minister]. 

3. In accordance with subsection 22 (3) of the Act, I:

 (a) require the person in whose custody the prisoner is held to release the prisoner into the custody of [title of person into whose custody prisoner is to be released]; and

 (b) authorise [title of person into whose custody prisoner is to be released] to take the prisoner to [name of place in Australia] and, if necessary, detain the prisoner in custody for the purpose of placing the prisoner in the custody of [title of person(s) into whose custody prisoner is to be released] for transport out of Australia; and

 (c) authorise the escort *officer/*officers to transport the prisoner in custody out of Australia to the transfer country for surrender to a person appointed by that country to receive the prisoner.

Dated

………………………………….

Minister for Justice and Customs

*   Omit if not applicable

SCHEDULE

[Set out the terms on which the prisoner’s
sentence of imprisonment is to be completed]


Form 6 Warrant for transfer from Australia — prisoner on parole

(paragraph 7 (b))

Commonwealth of Australia

International Transfer of Prisoners Act 1997

WARRANT FOR TRANSFER FROM AUSTRALIA OF PRISONER ON PAROLE

1. I, [name], Minister for Justice and Customs of the Commonwealth of Australia, acting under section 21 of the International Transfer of Prisoners Act 1997 (the Act), authorise the transfer of [name of prisoner] (the prisoner), born on [prisoner’s date of birth], who has been released on parole, from Australia to [name of transfer country] (the transfer country) to complete the prisoner’s sentence in accordance with the terms set out in the Schedule.

2. In accordance with paragraph 22 (2) (c) of the Act, I state that I, and the following persons and authorities, have given written consent to the transfer of the prisoner from Australia to the transfer country:

  *[name of prisoner]/*[name of prisoner’s representative];

  [name of representative of appropriate authority of transfer country];

  [name and title of relevant State Minister].

*3. In accordance with subsection 22 (4) of the Act, I specify:

[specify any approvals, authorities, permissions or variations to the parole order or other order or licence to be at large that have been made under Australian law]

*4. In accordance with subsection 22 (4) of the Act, I specify:

[specify any procedures for the transfer of the prisoner to the transfer country that have been agreed upon with the transfer country and give any necessary authorisations and directions]

Dated

………………………………….

Minister for Justice and Customs

*   Omit if not applicable

SCHEDULE

[Set out the terms on which the prisoner’s
sentence of imprisonment is to be completed]


Form 7 Notification of receipt of request for transfer of prisoner to Australia

(regulation 8)

Commonwealth of Australia

International Transfer of Prisoners Act 1997

NOTIFICATION OF RECEIPT OF REQUEST FOR TRANSFER OF PRISONER TO AUSTRALIA

TO: [name of relevant Minister of State or Territory to which prisoner wishes to transfer]

I, [name], Minister for Justice and Customs of the Commonwealth of Australia, acting under subsection 27 (1) of the International Transfer of Prisoners Act 1997, give notice that [name of prisoner], a prisoner currently serving a sentence of imprisonment in [name of transfer country], has applied for a transfer to [name of State or Territory] to complete the prisoner’s sentence.

The Minister for the Department of Immigration and Multicultural and Indigenous Affairs has confirmed the prisoner’s eligibility to enter Australia under the Migration Act 1958.

I have considered and given preliminary consent to the transfer, to be finalised with the terms and conditions of transfer.

Dated

………………………………….

Minister for Justice and Customs


Form 8 Warrant for transfer to Australia — prisoner not on parole

(paragraph 9 (a))

Commonwealth of Australia

International Transfer of Prisoners Act 1997

WARRANT FOR TRANSFER TO AUSTRALIA OF PRISONER NOT ON PAROLE

1. I, [name], Minister for Justice and Customs of the Commonwealth of Australia, acting under section 29 of the International Transfer of Prisoners Act 1997 (the Act), authorise the transfer of [name of prisoner] (the prisoner), born on [prisoner’s date of birth], and currently serving a sentence of imprisonment in [name of prison or institution], from [name of transfer country] (the transfer country) to Australia to complete the prisoner’s sentence in accordance with the terms set out in the Schedule.

2. In accordance with paragraph 30 (2) (c) of the Act, I state that I, and the following persons and authorities, have given written consent to the transfer of the prisoner from the transfer country to Australia:

  *[name of prisoner]/*[name of prisoner’s representative];

  [name of representative of appropriate authority of transfer country];

  [name and title of relevant State Minister].

3. In accordance with subsection 30 (3) of the Act, I authorise [title of escort officer/officers] (the escort *officer/*officers) to collect the prisoner from [place from which the prisoner is to be collected].

[Complete paragraph 4 if the prisoner is to be collected from a place in the transfer country]

*4. In accordance with subsection 30 (3) of the Act, I also authorise:

 (a) the escort *officer/*officers to transport the prisoner in custody to Australia, and surrender the prisoner to [title of person appointed by the Minister for Justice and Customs for paragraph 30 (3) (b) of the Act] (the appointed person); and

 *(b) the appointed person to escort the prisoner in custody to [name of prison, hospital or other place where the prisoner is to begin to complete the sentence of imprisonment].

[Complete paragraph 5 if the prisoner is to be collected from a place in Australia]

*5. In accordance with subsection 30 (3) of the Act, I also authorise the escort *officer/*officers to escort the prisoner to [name of prison, hospital or other place where the prisoner is to begin to complete the sentence of imprisonment].

[Complete paragraph 6 if the prisoner is to be escorted to a prison in Australia]

*6. In accordance with subsection 30 (3) of the Act, I also require [title of superintendent of the prison to which the prisoner is to be escorted], superintendent of [name of prison to which the prisoner is to be escorted], to take the prisoner into custody to be dealt with in accordance with the terms agreed under the Act.

[Complete paragraph 7 if the prisoner is to be escorted to a hospital or other place in Australia]

*7. In accordance with subsection 30 (3) of the Act, I also authorise the detention of the prisoner in [name of hospital or other place to which the prisoner is to be escorted] to be dealt with in accordance with the terms agreed under the Act.

Dated

………………………………….

Minister for Justice and Customs

*   Omit if not applicable

SCHEDULE

[Set out the terms on which the prisoner’s
sentence of imprisonment is to be completed]


Form 9 Warrant for transfer to Australia — prisoner on parole

(paragraph 9 (b))

Commonwealth of Australia

International Transfer of Prisoners Act 1997

WARRANT FOR TRANSFER TO AUSTRALIA OF PRISONER ON PAROLE

1. I, [name], Minister for Justice and Customs of the Commonwealth of Australia, acting under section 29 of the International Transfer of Prisoners Act 1997 (the Act), authorise the transfer of [name of prisoner] (the prisoner), born on [prisoner’s date of birth], who has been released on parole, from [name of transfer country] (the transfer country) to Australia to complete the prisoner’s sentence in accordance with the terms set out in the Schedule.

2. In accordance with paragraph 30 (2) (c) of the Act, I state that I, and the following persons and authorities, have given written consent to the transfer of the prisoner from the transfer country to Australia:

  *[name of prisoner]/*[name of prisoner’s representative];

  [name of representative of appropriate authority of transfer country];

  [name and title of relevant State Minister].

*3. In accordance with subsection 30 (4) of the Act, I:

[specify any procedures for the transfer of the prisoner to Australia that have been agreed upon with the transfer country and give any necessary authorisations and directions]

Dated

………………………………….

Minister for Justice and Customs

*   Omit if not applicable

SCHEDULE

[Set out the terms on which the prisoner’s
sentence of imprisonment is to be completed]


Form 10 Warrant for transfer to Australia — Tribunal prisoner not on parole

(paragraph 10 (a))

Commonwealth of Australia

International Transfer of Prisoners Act 1997

WARRANT FOR TRANSFER TO AUSTRALIA OF TRIBUNAL PRISONER NOT ON PAROLE

1. I, [name], Minister for Justice and Customs of the Commonwealth of Australia, acting under section 38 of the International Transfer of Prisoners Act 1997 (the Act), authorise the transfer of [name of Tribunal prisoner] (the prisoner), born on [prisoner’s date of birth], and currently serving a sentence of imprisonment imposed by [name of Tribunal], from [name of Tribunal country] (the Tribunal country) to Australia to complete the prisoner’s sentence in accordance with the terms set out in the Schedule.

2. In accordance with paragraph 39 (2) (c) of the Act, I state that I, and the following persons and authorities, have given written consent to the transfer of the prisoner from the Tribunal country to Australia:

  *[name of prisoner]/*[name of prisoner’s representative];

  [name of Tribunal];

  [name and title of relevant State Minister].

3. In accordance with subsection 39 (3) of the Act, I authorise [title of escort *officer/*officers] (the escort *officer/*officers) to collect the prisoner from [place from which the prisoner is to be collected].

[Complete paragraph 4 if the prisoner is to be collected from a place in the Tribunal country]

*4. In accordance with subsection 39 (3) of the Act, I also authorise:

 (a) the escort *officer/*officers to transport the prisoner in custody to Australia, and surrender the prisoner to [title of person appointed by the Minister for Justice and Customs for paragraph 39 (3) (b) of the Act] (the appointed person); and

 *(b) the appointed person to escort the prisoner in custody to [name of prison, hospital or other place where the prisoner is to begin to complete serving the sentence of imprisonment].

[Complete paragraph 5 if the prisoner is to be collected from a place in Australia]

*5. In accordance with subsection 39 (3) of the Act, I also authorise the escort *officer/*officers to escort the prisoner to [name of prison, hospital or other place where the prisoner is to begin to complete serving the sentence of imprisonment].

[Complete paragraph 6 if the prisoner is to be escorted to a prison in Australia]

*6. In accordance with subsection 39 (3) of the Act, I also require [title of superintendent of the prison to which the prisoner is to be escorted], superintendent of [name of prison to which the prisoner is to be escorted], to take the prisoner into custody to be dealt with in accordance with the terms agreed under the Act.

[Complete paragraph 7 if the prisoner is to be escorted to a hospital or other place in Australia]

*7. In accordance with subsection 39 (3) of the Act, I also authorise the detention of the prisoner in [name of hospital or other place to which the prisoner is to be escorted] to be dealt with in accordance with the terms agreed under the Act.

Dated

………………………………….

Minister for Justice and Customs

*   Omit if not applicable

SCHEDULE

[Set out the terms on which the prisoner’s
sentence of imprisonment is to be completed]


Form 11 Warrant for transfer to Australia — Tribunal prisoner on parole

(paragraph 10 (b))

Commonwealth of Australia

International Transfer of Prisoners Act 1997

WARRANT FOR TRANSFER TO AUSTRALIA OF TRIBUNAL PRISONER ON PAROLE

1. I, [name], Minister for Justice and Customs of the Commonwealth of Australia, acting under section 38 of the International Transfer of Prisoners Act 1997 (the Act), authorise the transfer of [name of prisoner] (the prisoner), born on [prisoner’s date of birth], who has been released on parole, from [name of Tribunal country] (the Tribunal country) to Australia to complete the prisoner’s sentence in accordance with the terms set out in the Schedule.

2. In accordance with paragraph 39 (2) (c) of the Act, I state that I, and the following persons and authorities, have given written consent to the transfer of the prisoner from the Tribunal country to Australia:

  *[name of prisoner]/*[name of prisoner’s representative];

  [name of Tribunal];

  [name and title of relevant State Minister].

*3. In accordance with subsection 39 (4) of the Act, I:

[specify any procedures for the transfer of the prisoner to Australia that have been agreed upon with the Tribunal and give any necessary authorisations and directions]

Dated

………………………………….

Minister for Justice and Customs

*   Omit if not applicable

SCHEDULE

[Set out the terms on which the prisoner’s
sentence of imprisonment is to be completed]


Form 12 Direction that prisoner not be detained

(subregulation 11 (1))

Commonwealth of Australia

International Transfer of Prisoners Act 1997

DIRECTION THAT PRISONER NOT BE DETAINED

I, [name], Minister for Justice and Customs of the Commonwealth of Australia, acting under subsection 49 (2) of the International Transfer of Prisoners Act 1997 (the Act), and being satisfied that [name of prisoner] (the prisoner) was transferred from [name of transfer country] (the transfer country) to Australia on [date of transfer] to complete serving a sentence of imprisonment imposed by the transfer country, and:

*(a) having been advised that the prisoner has been *pardoned/*granted amnesty/*granted commutation of the sentence of imprisonment under an Australian law;

*(b) having been notified by the authorities of the transfer country that the prisoner’s conviction has been quashed or otherwise nullified under the law of the transfer country;

*(c) having been notified by the authorities of the transfer country that the prisoner has been *pardoned/*granted amnesty/*granted commutation of sentence of imprisonment under the law of the transfer country;

direct that the prisoner is not to be detained in custody, or otherwise subjected to detention or supervision in Australia, under the sentence of imprisonment imposed by the transfer country and enforced under the Act only because of that sentence.

Dated

………………………………….

Minister for Justice and Customs

*   Omit if not applicable


Form 13 Direction that Tribunal prisoner not be detained

(subregulation 11 (2))

Commonwealth of Australia

International Transfer of Prisoners Act 1997

DIRECTION THAT TRIBUNAL PRISONER NOT BE DETAINED

I, [name], Minister for Justice and Customs of the Commonwealth of Australia, acting under subsection 49 (3) of the International Transfer of Prisoners Act 1997 (the Act), and being satisfied that [name of Tribunal prisoner] (the prisoner) was transferred from [name of Tribunal country] (the Tribunal country) to Australia on [date of transfer] to complete serving a sentence of imprisonment imposed by [name of Tribunal] (the Tribunal), and:

*(a) having been notified by the Tribunal that the prisoner may be *pardoned/*granted amnesty/*granted commutation of the sentence of imprisonment under an Australian law, and being satisfied that the prisoner has been *pardoned/*granted amnesty/*granted commutation of sentence of imprisonment under an Australian law;

*(b) having been notified by the Tribunal that the prisoner’s conviction has been quashed or otherwise nullified;

*(c) having been notified by the Tribunal that the prisoner has been *pardoned/*granted amnesty/*granted commutation of sentence of imprisonment by the Tribunal;

direct that the prisoner is not to be detained in custody, or otherwise subjected to detention or supervision in Australia, under the sentence of imprisonment imposed by the Tribunal and enforced under the Act only because of that sentence.

Dated

………………………………….

Minister for Justice and Customs

*   Omit if not applicable


Form 14 Application for warrant to hold prisoner in custody

(regulation 12)

Commonwealth of Australia

International Transfer of Prisoners Act 1997

APPLICATION FOR WARRANT TO HOLD PRISONER IN CUSTODY DURING TRANSPORT THROUGH AUSTRALIA

TO: [name of Magistrate]

I, [name], a representative of [name of *transfer country/*Tribunal] (the *transfer country/*Tribunal), under subparagraph 55 (1) (b) (iii) of the Act and on behalf of the *transfer country/*Tribunal, apply for the issue of a warrant ordering [title of person in whose custody the prisoner is to be held] to hold [name of prisoner] (the prisoner) in custody, for a period that you consider necessary, so that the prisoner can be transported from [name of *transfer country/*Tribunal country from which the prisoner is being transferred] to [name of *transfer country/*Tribunal country to which the prisoner is being transferred].

Dated

…………………………

Applicant

*   Omit if not applicable

Note

1. Notified in the Commonwealth of Australia Gazette on  15 August 2002.