ACTIn ForceAct
Crimes (Sentence Administration) Act 2005
231Interstate transfer—order of transfer
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231 Interstate transfer—order of transfer
At a hearing under section 230 in relation to a prisoner, the
Magistrates Court must—
(a) issue an order for the transfer of the prisoner to the participating
state or non-participating territory stated in the certificate
mentioned in section 229 (2) (Interstate transfer—necessary
consents); or
(b) refuse to issue the order if, on the prisoner’s application, the
court is satisfied that—
(i) it would be harsh, oppressive or not in the interests of
justice to issue the order; or
(ii) the trivial nature of the charge or complaint against the
prisoner does not justify the transfer.