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International Transfer of Prisoners Act 1997
13Eligibility for transfer to Australia of prisoners (other than Tribunal prisoners)
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#### 13 Eligibility for transfer to Australia of prisoners (other than Tribunal prisoners)
(1) A prisoner (other than a Tribunal prisoner) is eligible for transfer to Australia from a transfer country under this Act if the prisoner:
(a) is an Australian citizen; or
(b) is permitted to travel to, enter and remain in Australia indefinitely pursuant to the Migration Act 1958 and has community ties with a State or a Territory.
> Note: Community ties with a State or Territory is defined in subsection 4(5).
(2) If a request is made for the transfer of a prisoner (other than a Tribunal prisoner) to Australia, the Attorney‑General must consult with the Immigration Minister about whether the prisoner:
(a) is eligible under subsection (1) for a transfer to Australia; or
(b) is likely to be eligible under subsection (1) for a transfer to Australia at a future time specified by the Attorney‑General for the purposes of the consultation.