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

2   After section 18

Insert:

19 Decision by the Attorney-General to refuse consent to transfer from Australia

(1) If the transfer country consents to the transfer of the prisoner on terms that it proposes, the Attorney-General may decide to refuse consent to the transfer on those terms.

(2) Before deciding under subsection (1) to refuse consent, the Attorney-General must notify the prisoner (or the prisoner's representative) of the proposed terms on which the transfer country has consented to the transfer, including the proposed method by which the sentence of imprisonment will be enforced by the transfer country.

(3) If the Attorney-General decides under subsection (1) to refuse consent to the transfer on terms proposed by the transfer country, the Attorney-General:

(a) must notify the transfer country of the decision; and

(b) may advise the transfer country in writing that consent may be given if the transfer country proposes a variation of those terms, including any variation suggested by the Attorney-General.

Note: This section applies separately for each occasion where the transfer country proposes varied terms. This means the Attorney-General can consider whether to refuse consent under subsection (1) in relation to each variation of terms proposed by the transfer country.

(4) If the Attorney-General decides under subsection (1) to refuse consent to the transfer on terms proposed by the transfer country, sections 20 to 23 do not apply for the transfer on those particular terms.

Note: Sections 20 to 23 continue to apply for the transfer on any proposed variation of those terms, unless the Attorney-General has refused consent to the varied terms under subsection (1) of this section.