International Transfer of Prisoners Act 1997
10ADecisions by the Attorney‑General about transfers
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10A Decisions by the Attorney‑General about transfers
(1) The Attorney‑General need not take any steps for making: (a) a decision on an application under section 16 (about transfers from Australia) for the transfer of a prisoner; or (b) a decision under section 24 (about transfers to Australia) about a request for the transfer of a prisoner; if any of the following requirements for the transfer are not met: (c) paragraph 10(a), (c), (e) or (f); (d) paragraph 10(b), to the extent that it requires the agreement of the transfer country to the transfer; (e) paragraph 10(d), to the extent that it requires the consent of State Ministers or Territory Ministers to the transfer.
Note: The prisoner will be kept informed about the progress of the application or request (see section 52).
(2) The Attorney‑General need not take any steps for making a decision referred to in paragraph (1)(a) or (b) for the transfer of a prisoner if: (a) the prisoner had made an earlier application or request; and (b) the Attorney‑General received the current application or request less than 12 months after the later of either: (i) the day the prisoner was informed under section 52 that the earlier application or request did not meet one or more of the requirements in section 10; (ii) the day the prisoner informed the Attorney‑General that the prisoner was withdrawing the earlier application or request. (3) Parts 3 and 4 have effect subject to this section.