15Transfer conditions—transfer to Australia

15 Transfer conditions—transfer to Australia

(1) The conditions for transfer to Australia of a prisoner (other than a mentally impaired prisoner or Tribunal prisoner) are satisfied if: (a) neither the sentence of imprisonment imposed by the transfer country’s court or tribunal nor the conviction on which it is based is subject to appeal under the law of the transfer country; and (b) subject to subsection (3), the acts or omissions constituting the offence on account of which the prisoner is serving the sentence in the transfer country would, if the acts or omissions had occurred in Australia at the time the Attorney‑General received the request under section 24 for the prisoner, have constituted an offence in Australia; and (c) if the sentence of imprisonment is determinate—on the day of receipt of the request at least 6 months of the prisoner’s sentence remains to be served (whether or not the prisoner has been released on parole or is serving the suspended part of the sentence), or a shorter period remains to be served and the Attorney‑General has determined that, in the circumstances, transfer for a shorter period is acceptable. (2) The conditions for transfer to Australia of a mentally impaired prisoner are satisfied if: (a) neither the sentence of imprisonment imposed by the transfer country’s court or tribunal nor the acquittal or finding of unfitness to stand trial on which it is based is subject to appeal under the law of the transfer country; and (b) subject to subsection (3), the acts or omissions constituting the offence: (i) in respect of which the prisoner was charged but acquitted on the ground of mental impairment or found unfit to stand trial; and (ii) on account of which the prisoner is serving the sentence in the transfer country; would, if the acts or omissions had occurred in Australia at the time the Attorney‑General received the request under section 24 for the prisoner, have constituted an offence in Australia; and (c) if the sentence of imprisonment is determinate—on the day of receipt of the request at least 6 months of the prisoner’s sentence remains to be served (whether or not any review affecting the duration of the sentence is pending), or a shorter period remains to be served and the Attorney‑General has determined that, in the circumstances, transfer for a shorter period is acceptable. (3) The Attorney‑General may determine that the requirements of subsection (1)(b) or (2)(b) need not be satisfied in a particular prisoner’s case. (4) The conditions for transfer to Australia of a Tribunal prisoner are satisfied if: (a) neither the sentence of imprisonment imposed by the Tribunal nor the conviction on which it is based is subject to appeal under the Statute of the Tribunal; and (b) if the sentence of imprisonment is determinate—on the day of receipt of the request for transfer at least 6 months of the prisoner’s sentence remains to be served (whether or not the prisoner has been released on parole or is serving the suspended part of the sentence), or a shorter period remains to be served and the Attorney‑General has determined that, in the circumstances, transfer for a shorter period is acceptable.