{"id":"F2002B00185","name":"International Transfer of Prisoners Regulations 2002","slug":"international-transfer-of-prisoners-regulations-2002","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"188 of 2002","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31090,"registerId":"commonwealth-F2002B00185-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulations","content":"#### 1 Name of Regulations\n\n These Regulations are the International Transfer of Prisoners Regulations 2002.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n These Regulations commence on gazettal.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n> Note: A number of expressions used in these Regulations are defined in the Act, including the following:\n\n (a) prisoner;\n (b) prisoner’s representative;\n (c) release on parole;\n (d) sentence of imprisonment;\n (e) serving;\n (f) suspended part;\n (g) State Minister;\n (h) transfer country;\n (i) Tribunal;\n (j) Tribunal country;\n (k) Tribunal prisoner.\n In these Regulations:\n\n> Act means the International Transfer of Prisoners Act 1997.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"References to forms","content":"#### 4 References to forms\n\n In these Regulations, a reference to a form followed by a number is a reference to a form so numbered in Schedule 1.","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Transfer of prisoners","content":"## Part 2—Transfer of prisoners","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Warrant for transfer of prisoner from Australia","content":"#### 7 Warrant for transfer of prisoner from Australia\n\n For section 21 of the Act, the form of warrant is:\n (a) in the case of a prisoner other than a prisoner who has been released on parole or is serving the suspended part of the sentence of imprisonment—Form 5; and\n (b) in the case of a prisoner who has been released on parole—Form 6; and\n (c) in the case of a prisoner who is serving the suspended part of the sentence of imprisonment—Form 6A.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Notification of receipt of request for transfer of prisoner to Australia","content":"#### 8 Notification of receipt of request for transfer of prisoner to Australia\n\n For subsection 27 (1) of the Act, the form of notification is Form 7.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Warrant for transfer of prisoner to Australia","content":"#### 9 Warrant for transfer of prisoner to Australia\n\n For section 29 of the Act, the form of warrant is:\n (a) in the case of a prisoner other than a prisoner who has been released on parole or is serving the suspended part of the sentence of imprisonment—Form 8; and\n (b) in the case of a prisoner who has been released on parole—Form 9; and\n (c) in the case of a prisoner who is serving the suspended part of the sentence of imprisonment—Form 9A.","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Warrant for transfer of Tribunal prisoner to Australia","content":"#### 10 Warrant for transfer of Tribunal prisoner to Australia\n\n For section 38 of the Act, the form of warrant is:\n (a) in the case of a Tribunal prisoner other than a Tribunal prisoner who has been released on parole—Form 10; and\n (b) in the case of a Tribunal prisoner who has been released on parole—Form 11.","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Direction that prisoner or Tribunal prisoner not be detained—prisoner pardoned, etc","content":"#### 11 Direction that prisoner or Tribunal prisoner not be detained—prisoner pardoned, etc\n\n (1) For subsection 49 (2) of the Act, the form of direction is Form 12.\n (2) For subsection 49 (3) of the Act, the form of direction is Form 13.","sortOrder":10},{"sectionNumber":"12","sectionType":"section","heading":"Application for warrant for custody of prisoner being transported through Australia","content":"#### 12 Application for warrant for custody of prisoner being transported through Australia\n\n For subparagraph 55 (1) (b) (iii) of the Act, the form of application is Form 14.","sortOrder":11},{"sectionNumber":"Part 3","sectionType":"part","heading":"Application and transitional provisions","content":"## Part 1—Preliminary\n\n#### 1 Name of Regulations\n\n These Regulations are the International Transfer of Prisoners Regulations 2002.\n\n#### 2 Commencement\n\n These Regulations commence on gazettal.\n\n#### 3 Definitions\n\n> Note: A number of expressions used in these Regulations are defined in the Act, including the following:\n\n (a) prisoner;\n (b) prisoner’s representative;\n (c) release on parole;\n (d) sentence of imprisonment;\n (e) serving;\n (f) suspended part;\n (g) State Minister;\n (h) transfer country;\n (i) Tribunal;\n (j) Tribunal country;\n (k) Tribunal prisoner.\n In these Regulations:\n\n> Act means the International Transfer of Prisoners Act 1997.\n\n#### 4 References to forms\n\n In these Regulations, a reference to a form followed by a number is a reference to a form so numbered in Schedule 1.\n\n## Part 2—Transfer of prisoners\n\n#### 7 Warrant for transfer of prisoner from Australia\n\n For section 21 of the Act, the form of warrant is:\n (a) in the case of a prisoner other than a prisoner who has been released on parole or is serving the suspended part of the sentence of imprisonment—Form 5; and\n (b) in the case of a prisoner who has been released on parole—Form 6; and\n (c) in the case of a prisoner who is serving the suspended part of the sentence of imprisonment—Form 6A.\n\n#### 8 Notification of receipt of request for transfer of prisoner to Australia\n\n For subsection 27 (1) of the Act, the form of notification is Form 7.\n\n#### 9 Warrant for transfer of prisoner to Australia\n\n For section 29 of the Act, the form of warrant is:\n (a) in the case of a prisoner other than a prisoner who has been released on parole or is serving the suspended part of the sentence of imprisonment—Form 8; and\n (b) in the case of a prisoner who has been released on parole—Form 9; and\n (c) in the case of a prisoner who is serving the suspended part of the sentence of imprisonment—Form 9A.\n\n#### 10 Warrant for transfer of Tribunal prisoner to Australia\n\n For section 38 of the Act, the form of warrant is:\n (a) in the case of a Tribunal prisoner other than a Tribunal prisoner who has been released on parole—Form 10; and\n (b) in the case of a Tribunal prisoner who has been released on parole—Form 11.\n\n#### 11 Direction that prisoner or Tribunal prisoner not be detained—prisoner pardoned, etc\n\n (1) For subsection 49 (2) of the Act, the form of direction is Form 12.\n (2) For subsection 49 (3) of the Act, the form of direction is Form 13.\n\n#### 12 Application for warrant for custody of prisoner being transported through Australia\n\n For subparagraph 55 (1) (b) (iii) of the Act, the form of application is Form 14.\n\n## Part 3—Application and transitional provisions\n\n### Division 1—Provisions relating to the International Transfer of Prisoners Amendment (2015 Measures No. 1) Regulation 2015\n\n#### 13 Application of amendments relating to warrants\n\n The amendments made by items 4 to 7 and 10 to 15 of Schedule 1 to the International Transfer of Prisoners Amendment (2015 Measures No. 1) Regulation 2015 apply in relation to warrants issued under section 21 or 29 of the Act on or after the day that regulation commences.\n\n#### 14 Repeal of this Part\n\n This Part is repealed on 5 September 2017.","sortOrder":12},{"sectionNumber":"Division 1","sectionType":"division","heading":"Provisions relating to the International Transfer of Prisoners Amendment (2015 Measures No. 1) Regulation 2015","content":"## Part 1—Preliminary\n\n#### 1 Name of Regulations\n\n These Regulations are the International Transfer of Prisoners Regulations 2002.\n\n#### 2 Commencement\n\n These Regulations commence on gazettal.\n\n#### 3 Definitions\n\n> Note: A number of expressions used in these Regulations are defined in the Act, including the following:\n\n (a) prisoner;\n (b) prisoner’s representative;\n (c) release on parole;\n (d) sentence of imprisonment;\n (e) serving;\n (f) suspended part;\n (g) State Minister;\n (h) transfer country;\n (i) Tribunal;\n (j) Tribunal country;\n (k) Tribunal prisoner.\n In these Regulations:\n\n> Act means the International Transfer of Prisoners Act 1997.\n\n#### 4 References to forms\n\n In these Regulations, a reference to a form followed by a number is a reference to a form so numbered in Schedule 1.\n\n## Part 2—Transfer of prisoners\n\n#### 7 Warrant for transfer of prisoner from Australia\n\n For section 21 of the Act, the form of warrant is:\n (a) in the case of a prisoner other than a prisoner who has been released on parole or is serving the suspended part of the sentence of imprisonment—Form 5; and\n (b) in the case of a prisoner who has been released on parole—Form 6; and\n (c) in the case of a prisoner who is serving the suspended part of the sentence of imprisonment—Form 6A.\n\n#### 8 Notification of receipt of request for transfer of prisoner to Australia\n\n For subsection 27 (1) of the Act, the form of notification is Form 7.\n\n#### 9 Warrant for transfer of prisoner to Australia\n\n For section 29 of the Act, the form of warrant is:\n (a) in the case of a prisoner other than a prisoner who has been released on parole or is serving the suspended part of the sentence of imprisonment—Form 8; and\n (b) in the case of a prisoner who has been released on parole—Form 9; and\n (c) in the case of a prisoner who is serving the suspended part of the sentence of imprisonment—Form 9A.\n\n#### 10 Warrant for transfer of Tribunal prisoner to Australia\n\n For section 38 of the Act, the form of warrant is:\n (a) in the case of a Tribunal prisoner other than a Tribunal prisoner who has been released on parole—Form 10; and\n (b) in the case of a Tribunal prisoner who has been released on parole—Form 11.\n\n#### 11 Direction that prisoner or Tribunal prisoner not be detained—prisoner pardoned, etc\n\n (1) For subsection 49 (2) of the Act, the form of direction is Form 12.\n (2) For subsection 49 (3) of the Act, the form of direction is Form 13.\n\n#### 12 Application for warrant for custody of prisoner being transported through Australia\n\n For subparagraph 55 (1) (b) (iii) of the Act, the form of application is Form 14.\n\n## Part 3—Application and transitional provisions\n\n### Division 1—Provisions relating to the International Transfer of Prisoners Amendment (2015 Measures No. 1) Regulation 2015\n\n#### 13 Application of amendments relating to warrants\n\n The amendments made by items 4 to 7 and 10 to 15 of Schedule 1 to the International Transfer of Prisoners Amendment (2015 Measures No. 1) Regulation 2015 apply in relation to warrants issued under section 21 or 29 of the Act on or after the day that regulation commences.\n\n#### 14 Repeal of this Part\n\n This Part is repealed on 5 September 2017.","sortOrder":13},{"sectionNumber":"13","sectionType":"section","heading":"Application of amendments relating to warrants","content":"#### 13 Application of amendments relating to warrants\n\n The amendments made by items 4 to 7 and 10 to 15 of Schedule 1 to the International Transfer of Prisoners Amendment (2015 Measures No. 1) Regulation 2015 apply in relation to warrants issued under section 21 or 29 of the Act on or after the day that regulation commences.","sortOrder":14},{"sectionNumber":"14","sectionType":"section","heading":"Repeal of this Part","content":"#### 14 Repeal of this Part\n\n This Part is repealed on 5 September 2017.","sortOrder":15},{"sectionNumber":"Form 5—Warrant for transfer from Austral","sectionType":"part","heading":"Form 5—Warrant for transfer from Australia—prisoner not on parole","content":"## Form 5—Warrant for transfer from Australia—prisoner not on parole\n\n(paragraph 7 (a))\n\nCOMMONWEALTH OF AUSTRALIA\n\nInternational Transfer of Prisoners Act 1997\n\nWARRANT FOR TRANSFER FROM AUSTRALIA OF PRISONER NOT ON PAROLE AND NOT SERVING SUSPENDED SENTENCE\n\n1 Authorisation of transfer\n\nI, \\[name\\], \\*Attorney‑General/\\*Minister for Justice 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 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 on the terms set out in the Schedule.\n\n2 Written consent statement\n\nFor 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:\n\n(a) \\*\\[name of prisoner\\]/\\*\\[name of prisoner’s representative\\];\n\n(b) \\[name of representative of appropriate authority of transfer country\\];\n\n(c) \\*\\[name and title of relevant State Minister\\].\n\n3 Requirement to release and authorisation to transport prisoner etc\n\nFor subsection 22 (3) of the Act, I:\n\n(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\n\n(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\n\n(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.\n\nDated:\n\n```html\n

.......................................................

*Attorney‑General

*Minister for Justice

*Omit if not applicable

\n```\n\n## SCHEDULE\n\n\\[Set out the terms on which the prisoner’s \nsentence of imprisonment is to be completed\\]","sortOrder":16},{"sectionNumber":"Form 6—Warrant for transfer from Austral","sectionType":"part","heading":"Form 6—Warrant for transfer from Australia—prisoner on parole","content":"## Form 6—Warrant for transfer from Australia—prisoner on parole\n\n(paragraph 7 (b))\n\nCOMMONWEALTH OF AUSTRALIA\n\nInternational Transfer of Prisoners Act 1997\n\nWARRANT FOR TRANSFER FROM AUSTRALIA OF PRISONER ON PAROLE\n\n1 Authorisation of transfer\n\nI, \\[name\\], \\*Attorney‑General/\\*Minister for Justice 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 on the terms set out in the Schedule.\n\n2 Written consent statement\n\nFor 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:\n\n(a) \\*\\[name of prisoner\\]/\\*\\[name of prisoner’s representative\\];\n\n(b) \\[name of representative of appropriate authority of transfer country\\];\n\n(c) \\[name and title of relevant State Minister\\].\n\n\\*\\*3 Approvals, permissions etc\n\n \\[Complete this section if approvals, permissions etc are to be specified.\\]\n\n\\*For paragraph 22 (4) (a) of the Act, I specify:\n\n\\[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\\]\n\n\\*\\*4 Transfer procedures etc\n\n \\[Complete this section if procedures etc for the transfer are to be specified.\\]\n\n\\*For paragraph 22 (4) (b) of the Act, I specify:\n\n\\[specify any procedures for the transfer of the prisoner to the transfer country that have been agreed with the transfer country and give any necessary authorisations and directions\\]\n\nDated:\n\n| | .......................................................*Attorney‑General*Minister for Justice |\n| ----------------------- | --------------------------------------------------------------------------------------------- |\n| *Omit if not applicable | |\n\n\\*\\*Renumber heading if required\n\n## SCHEDULE\n\n\\[Set out the terms on which the prisoner’s \nsentence of imprisonment is to be completed\\]","sortOrder":17},{"sectionNumber":"Form 6A—Warrant for transfer from Austra","sectionType":"part","heading":"Form 6A—Warrant for transfer from Australia—prisoner serving suspended sentence","content":"## Form 6A—Warrant for transfer from Australia—prisoner serving suspended sentence\n\nNote: See paragraph 7(c).\n\nCOMMONWEALTH OF AUSTRALIA\n\nInternational Transfer of Prisoners Act 1997\n\nWARRANT FOR TRANSFER FROM AUSTRALIA OF PRISONER SERVING SUSPENDED SENTENCE\n\n1 Authorisation of transfer\n\nI, \\[name\\], \\*Attorney‑General/\\*Minister for Justice 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 is serving the suspended part of the sentence of imprisonment, from Australia to \\[name of transfer country\\] (the transfer country) to complete the prisoner’s sentence on the terms set out in the Schedule.\n\n2 Written consent statement\n\nFor 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:\n\n(a) \\*\\[name of prisoner\\]/\\*\\[name of prisoner’s representative\\];\n\n(b) \\[name of representative of appropriate authority of transfer country\\];\n\n(c) \\[name and title of relevant State Minister\\].\n\n\\*\\*3 Conditions\n\n\\[Complete this section if conditions are to be specified\\]\n\n\\*For paragraph 22(4A)(a) of the Act, I specify:\n\n\\[specify any conditions relating to the sentence that have been imposed under Australian law\\]\n\n\\*\\*4 Transfer procedures etc.\n\n\\[Complete this section if procedures etc. for the transfer are to be specified\\]\n\n\\*For paragraph 22(4A)(b) of the Act, I specify:\n\n\\[specify any procedures for the transfer of the prisoner to the transfer country that have been agreed with the transfer country and give any necessary authorisations and directions\\]\n\nDated:\n\n| | .......................................................*Attorney‑General*Minister for Justice |\n| ----------------------- | --------------------------------------------------------------------------------------------- |\n| *Omit if not applicable | |\n\n\\*\\*Renumber heading if required\n\nSCHEDULE\n\n\\[Set out the terms on which the prisoner’s \nsentence of imprisonment is to be completed\\]","sortOrder":18},{"sectionNumber":"Form 7—Notification of receipt of reques","sectionType":"part","heading":"Form 7—Notification of receipt of request for transfer of prisoner to Australia","content":"## Form 7—Notification of receipt of request for transfer of prisoner to Australia\n\n(regulation 8)\n\nCOMMONWEALTH OF AUSTRALIA\n\nInternational Transfer of Prisoners Act 1997\n\nNOTIFICATION OF RECEIPT OF REQUEST FOR TRANSFER OF PRISONER TO AUSTRALIA\n\nTo: \\[name of relevant Minister of State or Territory to which prisoner wishes to transfer\\]\n\nI, \\[name\\], \\*Attorney‑General/\\*Minister for Justice/\\*delegate of the Attorney‑General, 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.\n\nDated:\n\n| | .......................................................*Attorney‑General*Minister for Justice*Delegate of the Attorney‑General |\n| ----------------------- | ------------------------------------------------------------------------------------------------------------------------------ |\n| *Omit if not applicable | |","sortOrder":19},{"sectionNumber":"Form 8—Warrant for transfer to Australia","sectionType":"part","heading":"Form 8—Warrant for transfer to Australia—prisoner not on parole and not serving suspended sentence","content":"## Form 8—Warrant for transfer to Australia—prisoner not on parole and not serving suspended sentence\n\nNote: See paragraph 9(a).\n\nCOMMONWEALTH OF AUSTRALIA\n\nInternational Transfer of Prisoners Act 1997\n\nWARRANT FOR TRANSFER TO AUSTRALIA OF PRISONER NOT ON PAROLE AND NOT SERVING SUSPENDED SENTENCE\n\n1 Authorisation of transfer\n\nI, \\[name\\], \\*Attorney‑General/\\*Minister for Justice 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 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 mentioned in the directions on sentence enforcement given by the Attorney‑General under section 42 or 44 of the Act.\n\n2 Written consent statement\n\nFor 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:\n\n(a) \\*\\[name of prisoner\\]/\\*\\[name of prisoner’s representative\\];\n\n(b) \\[name of representative of appropriate authority of transfer country\\];\n\n(c) \\[name and title of relevant State Minister\\].\n\n3 Authorisation to collect prisoner\n\nFor 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\\].\n\n\\*4 Authorisation to transport, escort, take into custody etc\n\n\\[Complete the next paragraph if the prisoner is to be collected from a place in the transfer country\\]\n\n\\*For subsection 30 (3) of the Act, I also authorise:\n\n(a) the escort \\*officer/\\*officers to transport the prisoner in custody to Australia, and surrender the prisoner to \\[title of person appointed by the Attorney‑General for paragraph 30 (3) (b) of the Act\\] (the appointed person); and\n\n\\*(b) the appointed person to escort the prisoner in custody to \\[name of prison, hospital or other place where prisoner is to begin to complete sentence of imprisonment\\].\n\n\\[Complete the next paragraph if the prisoner is to be collected from a place in Australia\\]\n\n\\*For 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 prisoner is to begin to complete sentence of imprisonment\\].\n\n\\[Complete the next paragraph if the prisoner is to be escorted to a prison in Australia\\]\n\n\\*For subsection 30 (3) of the Act, I also require \\[title of superintendent of prison to which prisoner is to be escorted\\], superintendent of \\[name of prison to which prisoner is to be escorted\\], to take the prisoner into custody to be dealt with under the terms agreed under the Act.\n\n\\[Complete the next paragraph if the prisoner is to be escorted to a hospital or other place in Australia\\]\n\n\\*For subsection 30 (3) of the Act, I also authorise the detention of the prisoner in \\[name of hospital or other place to which prisoner is to be escorted\\] to be dealt with in accordance with the terms agreed under the Act.\n\nDated:\n\n| | .......................................................*Attorney‑General*Minister for Justice |\n| ----------------------- | --------------------------------------------------------------------------------------------- |\n| *Omit if not applicable | |","sortOrder":20},{"sectionNumber":"Form 9—Warrant for transfer to Australia","sectionType":"part","heading":"Form 9—Warrant for transfer to Australia—prisoner on parole","content":"## Form 9—Warrant for transfer to Australia—prisoner on parole\n\n(paragraph 9 (b))\n\nCOMMONWEALTH OF AUSTRALIA\n\nInternational Transfer of Prisoners Act 1997\n\nWARRANT FOR TRANSFER TO AUSTRALIA OF PRISONER ON PAROLE\n\n1 Authorisation of transfer\n\nI, \\[name\\], \\*Attorney‑General/\\*Minister for Justice 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 mentioned in the directions on sentence enforcement given by the Attorney‑General under section 42 or 44 of the Act.\n\n2 Written consent statement\n\nFor 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:\n\n(a) \\*\\[name of prisoner\\]/\\*\\[name of prisoner’s representative\\];\n\n(b) \\[name of representative of appropriate authority of transfer country\\];\n\n(c) \\[name and title of relevant State Minister\\].\n\n\\*3 Transfer procedures or authorisations etc\n\n\\*For subsection 30 (4) of the Act, I:\n\n\\[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\\]\n\nDated:\n\n| | .......................................................*Attorney‑General*Minister for Justice |\n| ----------------------- | --------------------------------------------------------------------------------------------- |\n| *Omit if not applicable | |","sortOrder":21},{"sectionNumber":"Form 9A—Warrant for transfer to Australi","sectionType":"part","heading":"Form 9A—Warrant for transfer to Australia—prisoner serving suspended sentence","content":"## Form 9A—Warrant for transfer to Australia—prisoner serving suspended sentence\n\nNote: See paragraph 9(c).\n\nCOMMONWEALTH OF AUSTRALIA\n\nInternational Transfer of Prisoners Act 1997\n\nWARRANT FOR TRANSFER TO AUSTRALIA OF PRISONER SERVING SUSPENDED SENTENCE\n\n1 Authorisation of transfer\n\nI, \\[name\\], \\*Attorney‑General/\\*Minister for Justice 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 is serving the suspended part of the sentence of imprisonment, from \\[name of transfer country\\] (the transfer country) to Australia to complete the prisoner’s sentence in accordance with the terms mentioned in the directions on sentence enforcement given by the Attorney‑General under section 42 or 44 of the Act.\n\n2 Written consent statement\n\nFor 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:\n\n(a) \\*\\[name of prisoner\\]/\\*\\[name of prisoner’s representative\\];\n\n(b) \\[name of representative of appropriate authority of transfer country\\];\n\n(c) \\[name and title of relevant State Minister\\].\n\n\\*3 Transfer procedures or authorisations etc.\n\n\\*For subsection 30(4) of the Act, I:\n\n\\[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\\]\n\nDated:\n\n| | .......................................................*Attorney‑General*Minister for Justice |\n| ----------------------- | --------------------------------------------------------------------------------------------- |\n| *Omit if not applicable | |","sortOrder":22},{"sectionNumber":"Form 10—Warrant for transfer to Australi","sectionType":"part","heading":"Form 10—Warrant for transfer to Australia—Tribunal prisoner not on parole","content":"## Form 10—Warrant for transfer to Australia—Tribunal prisoner not on parole\n\n(paragraph 10 (a))\n\nCOMMONWEALTH OF AUSTRALIA\n\nInternational Transfer of Prisoners Act 1997\n\nWARRANT FOR TRANSFER TO AUSTRALIA OF TRIBUNAL PRISONER NOT ON PAROLE\n\n1 Authorisation of transfer\n\nI, \\[name\\], \\*Attorney‑General/\\*Minister for Justice 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 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 mentioned in the directions on sentence enforcement given by the Attorney‑General under section 42 or 44 of the Act.\n\n2 Written consent statement\n\nFor 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:\n\n(a) \\*\\[name of prisoner\\]/\\*\\[name of prisoner’s representative\\];\n\n(b) \\[name of Tribunal\\];\n\n(c) \\[name and title of relevant State Minister\\].\n\n3 Authorisation to collect prisoner\n\nFor 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\\].\n\n\\*4 Authorisation to transport, escort, take into custody etc\n\n\\[Complete the next paragraph if the prisoner is to be collected from a place in the Tribunal country\\]\n\n\\*For subsection 39 (3) of the Act, I also authorise:\n\n(a) the escort \\*officer/\\*officers to transport the prisoner in custody to Australia, and surrender the prisoner to \\[title of person appointed by the Attorney‑General for paragraph 39 (3) (b) of the Act\\] (the appointed person); and\n\n\\*(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\\].\n\n\\[Complete the next paragraph if the prisoner is to be collected from a place in Australia\\]\n\n\\*For 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\\].\n\n\\[Complete the next paragraph if the prisoner is to be escorted to a prison in Australia\\]\n\n\\*For 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.\n\n\\[Complete the next paragraph if the prisoner is to be escorted to a hospital or other place in Australia\\]\n\n\\*For 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.\n\nDated:\n\n| | .......................................................*Attorney‑General*Minister for Justice |\n| ----------------------- | --------------------------------------------------------------------------------------------- |\n| *Omit if not applicable | |","sortOrder":23},{"sectionNumber":"Form 11—Warrant for transfer to Australi","sectionType":"part","heading":"Form 11—Warrant for transfer to Australia—Tribunal prisoner on parole","content":"## Form 11—Warrant for transfer to Australia—Tribunal prisoner on parole\n\n(paragraph 10 (b))\n\nCOMMONWEALTH OF AUSTRALIA\n\nInternational Transfer of Prisoners Act 1997\n\nWARRANT FOR TRANSFER TO AUSTRALIA OF TRIBUNAL PRISONER ON PAROLE\n\n1 Authorisation of transfer\n\nI, \\[name\\], \\*Attorney‑General/\\*Minister for Justice 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 mentioned in the directions on sentence enforcement given by the Attorney‑General under section 42 or 44 of the Act.\n\n2 Written consent statement\n\nFor 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:\n\n(a) \\*\\[name of prisoner\\]/\\*\\[name of prisoner’s representative\\];\n\n(b) \\[name of Tribunal\\];\n\n(c) \\[name and title of relevant State Minister\\].\n\n\\*3 Transfer procedures or authorisations etc\n\n\\*For subsection 39 (4) of the Act, I:\n\n\\[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\\]\n\nDated:\n\n| | .......................................................*Attorney‑General*Minister for Justice |\n| ----------------------- | --------------------------------------------------------------------------------------------- |\n| *Omit if not applicable | |","sortOrder":24},{"sectionNumber":"Form 12—Direction that prisoner not be d","sectionType":"part","heading":"Form 12—Direction that prisoner not be detained","content":"## Form 12—Direction that prisoner not be detained\n\n(subregulation 11 (1))\n\nCOMMONWEALTH OF AUSTRALIA\n\nInternational Transfer of Prisoners Act 1997\n\nDIRECTION THAT PRISONER NOT BE DETAINED\n\nI, \\[name\\], \\*Attorney‑General/\\*Minister for Justice of the Commonwealth of Australia, acting under subsection 49 (2) of the International Transfer of Prisoners Act 1997 (the Act), 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, 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.\n\nI give this direction:\n\n\\*(a) having been advised that the prisoner has been \\*pardoned/\\*granted amnesty/\\*granted commutation of the sentence of imprisonment under an Australian law;\n\n\\*(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;\n\n\\*(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.\n\nDated:\n\n| | .......................................................*Attorney‑General*Minister for Justice |\n| ----------------------- | --------------------------------------------------------------------------------------------- |\n| *Omit if not applicable | |","sortOrder":25},{"sectionNumber":"Form 13—Direction that Tribunal prisoner","sectionType":"part","heading":"Form 13—Direction that Tribunal prisoner not be detained","content":"## Form 13—Direction that Tribunal prisoner not be detained\n\n(subregulation 11 (2))\n\nCOMMONWEALTH OF AUSTRALIA\n\nInternational Transfer of Prisoners Act 1997\n\nDIRECTION THAT TRIBUNAL PRISONER NOT BE DETAINED\n\nI, \\[name\\], \\*Attorney‑General/\\*Minister for Justice of the Commonwealth of Australia, acting under subsection 49 (3) of the International Transfer of Prisoners Act 1997 (the Act), 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), 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.\n\nI give this direction:\n\n\\*(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;\n\n\\*(b) having been notified by the Tribunal that the prisoner’s conviction has been quashed or otherwise nullified;\n\n\\*(c) having been notified by the Tribunal that the prisoner has been \\*pardoned/\\*granted amnesty/\\*granted commutation of sentence of imprisonment by the Tribunal;\n\nDated:\n\n| | .......................................................*Attorney‑General*Minister for Justice |\n| ----------------------- | --------------------------------------------------------------------------------------------- |\n| *Omit if not applicable | |","sortOrder":26},{"sectionNumber":"Form 14—Application for warrant to hold ","sectionType":"part","heading":"Form 14—Application for warrant to hold prisoner in custody","content":"## Form 14—Application for warrant to hold prisoner in custody\n\n(regulation 12)\n\n## Commonwealth of Australia\n\n International Transfer of Prisoners Act 1997\n\n## APPLICATION FOR WARRANT TO HOLD PRISONER IN CUSTODY DURING TRANSPORT THROUGH AUSTRALIA\n\nTO: \\[name of Magistrate\\]\n\nI, \\[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\\].\n\nDated\n\n…………………………\n\nApplicant\n\n\\* Omit if not applicable","sortOrder":27}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"These Regulations are largely administrative and procedural: they prescribe the forms and basic transitional treatment for authorisations and notifications required by the International Transfer of Prisoners Act 1997. They do not appear to expand or narrow the substantive legal scope of the Act (who may be transferred or the legal consequences of transfer). The only substantive changes noted are transitional: application of particular 2015 amendments to warrants issued on or after that amendment’s commencement (regulation 13) and a scheduled repeal of the transitional Part (regulation 14). Those are implementation and timing adjustments rather than an expansion of the Act’s subject‑matter or policy scope."},"complexity_factors":["Ten prescribed forms in Schedule 1 (Forms 5–14) covering different factual permutations (on parole / not on parole / serving suspended sentence / Tribunal prisoners).","Cross‑references to many provisions of the parent Act (notably ss.21, 22, 27, 29, 30, 38, 39, 42, 44, 49 and 55) requiring readers to consult the Act for legal effect.","Conditional text blocks within forms (optional sections for parole conditions, transfer procedures, authorisations) producing branching paths when completing a form.","Transitional provisions referencing an external amendment instrument (International Transfer of Prisoners Amendment (2015 Measures No. 1) Regulation 2015) and specific Schedule items (items 4–7 and 10–15), requiring cross‑checking with that instrument.","A repealing transitional Part (regulation 14) creating time‑limited application of some provisions (adds a temporal layer to interpretation).","Definitions note referencing multiple terms defined in the Act (11 listed terms) rather than defining them in the Regulations themselves, increasing the need to read the Act alongside the Regulations.","Repeated template language across multiple forms (repetition reduces semantic complexity but requires attention to context‑specific differences)."],"plain_english_summary":"The Regulations prescribe the official forms and basic procedures the Commonwealth uses to process international prisoner transfers under the parent Act. They centralise authorisation and written consents in the Attorney‑General (or delegate) and require officials to follow and record specified steps when arranging transfers.\n\nThis affects prisoners (and their reps), State ministers, Commonwealth and foreign authorities, prison staff and magistrates; it standardises workflow and accountability while leaving operational costs and detailed arrangements to the Act or separate agreements."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose of prescribing administrative forms for the prisoner transfer scheme established by the 1997 Act. The 2015 amendments added Forms 6A and 9A to accommodate prisoners serving suspended sentences, but this was a technical adjustment to cover all prisoner categories rather than an expansion of scope. The self-repealing transitional provisions (repealed 5 September 2017) were standard machinery provisions."},"complexity_factors":["Minimal substantive law—primarily prescribes 14 standard forms with minimal conditional logic","Only 1 defined term in the Regulations themselves ('Act'), though 11 terms are incorporated by reference from the parent Act","Simple structure: preliminary provisions, form prescriptions, and transitional provisions (the latter now spent)","Forms use plain language templates with bracketed options rather than dense legal drafting","No nested exceptions or complex cross-referencing beyond basic 'see section X of the Act' citations","Transitional provisions (Part 3) were self-repealing and are now obsolete, adding unnecessary duplication in the source text provided"],"plain_english_summary":"These regulations are the paperwork rules for moving prisoners between Australia and other countries. They set out the official forms that must be used when:\n\n- **Transferring prisoners out of Australia** to serve their sentence overseas (Forms 5, 6, and 6A depending on whether the prisoner is in jail, on parole, or serving a suspended sentence)\n- **Transferring prisoners into Australia** from overseas to complete their sentence here (Forms 8, 9, and 9A)\n- **Transferring prisoners convicted by international war crimes tribunals** (Forms 10 and 11)\n- **Notifying state governments** when someone wants to transfer to their state (Form 7)\n- **Releasing prisoners** who have been pardoned or had their convictions overturned (Forms 12 and 13)\n- **Holding prisoners in temporary custody** while they are just passing through Australia on their way to another country (Form 14)\n\nThe regulations don't create the transfer scheme itself—that's done by the International Transfer of Prisoners Act 1997. These rules simply prescribe the exact paperwork that makes the system work. The forms require signatures from the Attorney-General or Minister for Justice, and ensure all necessary consents are documented (from the prisoner, the foreign country, and relevant state ministers).\n\n**Who it affects:** Prisoners seeking to serve their sentence closer to home, foreign governments negotiating prisoner transfers, Australian state correctional departments, and officials arranging transport of prisoners through Australia.\n\n**Why it matters:** Without these standard forms, international prisoner transfers would be chaotic and legally uncertain. The paperwork ensures everyone agrees to the terms, authorities are properly authorised, and prisoners are handled safely and lawfully during transfer."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/international-transfer-of-prisoners-regulations-2002","history":"/api/acts/international-transfer-of-prisoners-regulations-2002/history","analysis":"/api/acts/international-transfer-of-prisoners-regulations-2002/analysis","conflicts":"/api/acts/international-transfer-of-prisoners-regulations-2002/conflicts","importantCases":"/api/acts/international-transfer-of-prisoners-regulations-2002/important-cases","documents":"/api/acts/international-transfer-of-prisoners-regulations-2002/documents"}}