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Crimes (Sentence Administration) Act 2005
228Interstate transfer—request for transfer to participating
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228 Interstate transfer—request for transfer to participating
state
(a) a prisoner serving a sentence of imprisonment in the ACT is the
subject of an arrest warrant issued under the law of a
participating state, the Commonwealth or a non-participating
territory; and
(b) the ACT Attorney-General receives a transfer request from—
(i) the relevant Attorney-General, accompanied by a copy of
the warrant; or
(ii) the Minister under subsection (3).
(2) The ACT Attorney-General must—
(b) give the relevant Attorney-General, or the Minister, written
notice of the consent or refusal.
(3) If the Minister receives a transfer request from a prisoner serving a
sentence of imprisonment in the ACT, the Minister must refer the
request to the ACT Attorney-General.
(4) However, the Minister need not refer the transfer request to the
ACT Attorney-General if it is made within 1 year after a similar
request is made by the prisoner.
(5) If the ACT Attorney-General refuses to consent to the transfer of a
prisoner, the ACT Attorney-General must give the prisoner a written
statement of reasons for the decision.
relevant Attorney-General, in relation to an arrest warrant, means—
(a) for a warrant issued under the law of a participating state—the
State Attorney-General; or
(b) for a warrant issued under the law of the Commonwealth or a
non-participating territory—the Commonwealth Attorney-
General.
transfer request, for a prisoner serving a sentence of imprisonment
in the ACT, means a written request for the transfer of the prisoner to
a participating state or non-participating territory to be dealt with
according to law.