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International Transfer of Prisoners Act 1997
10When may a prisoner (other than a Tribunal prisoner) be transferred?
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#### 10 When may a prisoner (other than a Tribunal prisoner) be transferred?
A prisoner (other than a Tribunal prisoner) may be transferred between Australia and a transfer country under this Act if:
(a) the prisoner is eligible for transfer from or to Australia (as the case requires); and
(b) Australia and the transfer country have agreed to the transfer of the prisoner on terms agreed under this Act; and
(c) the prisoner or the prisoner’s representative has consented in writing to transfer on those terms; and
(d) appropriate Ministerial consent in writing has been given to transfer on those terms; and
(e) the relevant conditions for transfer of the prisoner are satisfied; and
(f) the transfer of the prisoner is not likely to prevent the surrender of the prisoner to any extradition country known by the Attorney‑General to have requested the extradition of the prisoner or to have expressed interest in extraditing the prisoner or that, in the opinion of the Attorney‑General, is reasonably likely to request extradition.