Crimes and Other Legislation Amendment (Omnibus) Act 2023 (63 of 2023)

Schedule 6   Refusal of consent to international transfer of prisoners

International Transfer of Prisoners Act 1997

3   Subsection 20(1)

Repeal the subsection, substitute:

(1) If the transfer country consents to the transfer of the prisoner on terms that it proposes, the Attorney-General must:

(a) give any State Ministers and Territory Ministers whose consent is required for the transfer to have appropriate Ministerial consent:

(i) a copy of the application given under section 16; and

(ii) any other information the Attorney-General considers relevant; and

(b) notify the following of the proposed terms on which the transfer country has given consent to the transfer, including the proposed method by which the sentence of imprisonment will be enforced by the transfer country:

(i) each Minister concerned;

(ii) unless earlier notified under subsection 19(2) of those proposed terms - the prisoner (or the prisoner's representative).

(1A) Each Minister concerned may:

(a) advise the Attorney-General of any matters that Minister considers relevant to the processing of the application; and

(b) request the Attorney-General to obtain information from the transfer country that is relevant to that Minister's assessment of the application.