The Act relies on several key concepts, many of which are defined by reference to the Commonwealth Act or to the schedule dictionary reproduced in the Act. Because the schedule is not provided in the source text, the precise statutory definitions are unknown from this extract, but the Act’s structure reveals the following concepts.

Commonwealth Act. This is the central external statute. The Queensland Act does not reproduce its operative provisions; it simply references them. The phrase “Commonwealth Act” appears throughout, and the Act attaches a non-binding copy. The Commonwealth Act governs the substantive conditions and procedures for international prisoner transfer, including consent requirements, warrant issuance, and the Attorney-General’s powers to give directions.

Transfer country. The Act refers to a prisoner whose sentence was “imposed by a court or tribunal of a transfer country (or by a war crimes tribunal)” (section 9(1)). A transfer country is presumably a foreign state that has entered into an international transfer arrangement with Australia under the Commonwealth Act. The Act does not list which countries qualify.

Prisoner and tribunal prisoner. Section 9(1) uses “prisoner” and “tribunal prisoner”, but the source does not define them. The dictionary in the schedule would presumably import definitions from the Commonwealth Act. A tribunal prisoner likely refers to a person convicted by an international war crimes tribunal.

Relevant enforcement law. This concept, appearing in section 9(1), is critical for incoming prisoners. It is not defined in the body of the Act, but section 9(5) defines “enforcement law” broadly: a law of Queensland, a law of the Commonwealth or another State, or a practice or procedure lawfully observed, about the detention of prisoners. The term “relevant enforcement law” probably means those enforcement laws that are applicable to federal prisoners in Queensland , that is, the laws that would apply to a person convicted under Commonwealth law and serving a sentence in Queensland.

Federal prisoner. The Act uses this term in section 9(1) as the comparator: a transferred prisoner is to be treated in the same way as “a federal prisoner serving a sentence of imprisonment in this jurisdiction that is imposed under a law of the Commonwealth.” A federal prisoner is one convicted under Commonwealth law. The Act’s effect is to assimilate the legal treatment of the transferred prisoner with that of a federal prisoner, meaning the prisoner is subject to the Commonwealth’s parole, remission and release regime under Part IB of the Crimes Act 1914 (Cth), as well as Queensland prison conditions and practices that apply to federal detainees.

Functions. The Act repeatedly uses “functions” in sections 6 and 7. The Minister and officials may “perform any function conferred or expressed to be conferred on the official under the Commonwealth Act”. This includes, as the note to section 7(1) illustrates, escorting a prisoner under a warrant (section 30 of the Commonwealth Act) or arresting a person escaping custody (section 56 of the Commonwealth Act). The concept of “function” is broad enough to cover both duties and powers.

Arrangement. Under section 8, the Governor may make arrangements under section 50 of the Commonwealth Act for the administration of that Act. This is a formal mechanism between the State and the Commonwealth to allocate responsibilities and authorise state officers to act. The arrangement can be varied or terminated as provided under the Commonwealth Act.

Pardon, amnesty or commutation. Section 10(2) expressly preserves the Queensland Governor’s and courts’ or tribunals’ power to pardon, grant amnesty or commute a sentence for prisoners transferred out of Australia. This is a significant reservation of state sovereignty: even though enforcement laws no longer apply, the state retains power over the underlying sentence.

The Act directly affects three categories of persons and institutions: state officials, prisoners subject to international transfer, and the Queensland Government as an entity.

State officials. The Minister (section 6) is the primary decision-maker for performing functions under the Commonwealth Act. The Minister may delegate to the chief executive of the department or to any appropriately qualified officer. “Appropriately qualified” is defined in section 6(4) to include having the qualifications, experience or standing to perform the function, and it expressly includes a person’s classification level in the employing entity. This means delegation can be tied to rank rather than specific expertise. Prison officers, police officers and other officials (section 7) are the operational actors. They are given lawful authority to hold, deal with and escort transferred prisoners under a Commonwealth warrant, and to take any action authorised by the Commonwealth Act (section 7(2)). The Act imposes no additional duties on them beyond what the Commonwealth Act or a corresponding law provides. However, by making their actions lawful, it removes any risk that their involvement in a transfer would otherwise contravene Queensland law governing detention and extradition.

Prisoners transferred to Queensland. Any prisoner who is transferred to Australia under the Commonwealth Act to complete serving a term of imprisonment in Queensland becomes subject to Queensland enforcement laws in the same way as a federal prisoner (section 9(1)). This means they are detained in Queensland prisons, subject to the same conditions, classification, parole eligibility, temporary leave, and pre-release permit schemes as federal prisoners. They are also affected by directions from the Commonwealth Attorney-General: a direction under section 44 of the Commonwealth Act about enforcement of the sentence must be given effect, and a direction under section 49 about pardon, amnesty or commutation must also be given effect (sections 9(3)-(4)). The Act does not provide prisoners with any independent rights; it simply defines the legal regime that applies to them.

Prisoners transferred from Queensland. A person who was sentenced by a Queensland court and is then transferred to a foreign country to complete their sentence in that country sees the application of Queensland enforcement laws cease (section 10(1)). However, the prisoner remains subject to the state’s prerogative and judicial powers of pardon, amnesty or commutation (section 10(2)). The Act does not regulate the receiving country’s treatment of the prisoner; that is a matter for the transfer arrangement and the foreign law.

The Queensland Government. The Act binds the State (section 4). The Governor may enter into arrangements under section 8. The department , through the chief executive and officers , must administer the transfer scheme as functions arise. The Act imposes no obligations on private citizens, businesses or non-government organisations. Trade and commerce are unaffected.

Commonwealth Attorney-General. While not a party to the Queensland Act, the Commonwealth Attorney-General’s directions under sections 44 and 49 of the Commonwealth Act are given binding effect in Queensland (sections 9(3)-(4)). This means the oversight of sentence enforcement for transferred prisoners lies ultimately with the Commonwealth, not Queensland, even though the imprisonment occurs in Queensland.

The Act is a statutory enabling instrument; it confers powers and lawful authority rather than imposing duties on private persons. No new rights are created for prisoners beyond the assimilation of treatment as federal prisoners. The key duties and rights that arise are as follows.

Minister’s duty to perform functions. Section 6(1) states that a Minister “may perform any function conferred or expressed to be conferred on the Minister under the Commonwealth Act.” The use of “may” is permissive, not mandatory. However, if the Commonwealth Act itself imposes a duty on a State Minister, that duty would be operative by force of section 6(1). The Act does not specify which functions are mandatory. The Minister also has the power to delegate, with the ability to sub-delegate all necessary power under the Acts Interpretation Act 1954, section 27A (section 6(3)). This is a standard provision allowing the delegate to further delegate.

Lawful authority for officials. Section 7(2) provides that it is “lawful” for a prison officer, police officer or other official to hold and deal with a prisoner under the terms of a Commonwealth warrant, and to take any action authorised by the Commonwealth Act. This is a statutory defence to any claim of false imprisonment, assault or trespass that might otherwise arise from handling a transferred prisoner. It does not impose a duty to act; it provides legal cover if they do act.

Obligation to give effect to Commonwealth directions. This is the most concrete mandatory duty in the Act. Section 9(3) says a direction given by the Commonwealth Attorney-General under section 44 of the Commonwealth Act “is to be given effect in this jurisdiction”. Section 9(4) says the same for a direction under section 49 regarding pardons, amnesties or commutations. These are obligatory: “is to be given effect” imposes a duty on state officials and courts to follow the direction. The direction may relate to the conditions of imprisonment, release dates, or the carrying out of a pardon. Failure to give effect could expose the state to legal challenge or to a breach of the arrangement with the Commonwealth.

Rights of transferred prisoners. Section 9(1) gives a transferred prisoner the right to be treated under the same enforcement laws as a federal prisoner. This includes the right to be considered for parole, remissions, participation in prison programs, temporary absence, and transfer between states as provided in the Crimes Act 1914 (Cth) and Queensland corrective services legislation. The note to section 9(1) specifically highlights sections 19, 19AA and Division 5 of Part IB of the Commonwealth Crimes Act, which deal with the calculation of cumulative and concurrent sentences, remissions and conditional release on parole or licence. Therefore, the prisoner has the benefit of any statutory reductions in sentence that apply to federal prisoners. Conversely, they are subject to any restrictions on early release that apply to federal prisoners. The Act does not create a right to challenge the transfer itself; that would be a matter under the Commonwealth Act.

Preservation of state power over pardon, amnesty and commutation. Section 10(2) provides that section 10(1) , which stops Queensland enforcement laws from applying to prisoners transferred out , does not limit the power of the Governor or a court or tribunal of Queensland to pardon, grant amnesty or commute the sentence. This is a right belonging to the state, not the prisoner, but it can be exercised in favour of the prisoner. It means that even after a prisoner is physically in a foreign prison serving a Queensland sentence, the Queensland Executive could pardon or commute the sentence, which would presumably affect the prisoner’s status under the transfer agreement.

The Prisoners International Transfer (Queensland) Act 1997 contains no offence provisions and prescribes no penalties for non-compliance. This is notable: the Act relies entirely on the Commonwealth Act and general state law for enforcement. The only enforcement mechanism explicitly mentioned is the duty to give effect to Commonwealth Attorney-General directions (sections 9(3)-(4)). Failure to give effect to such a direction would not itself be a criminal offence under this Act, but it could have legal consequences under the Commonwealth Act or under public law principles of mandamus or injunction.

No penalties in the Act. The Act does not create any criminal or civil penalty for a state official who fails to perform a function, exceeds authority, or neglects a direction. This means that if a prison officer or police officer acts outside the lawful authority granted by section 7, they would be subject to the ordinary criminal law (e.g., assault, false imprisonment) or tort law (e.g., trespass, negligence). The Act does not confer immunity for misconduct; it only makes lawful those actions that are authorised. If an officer detains a person without a valid Commonwealth warrant, they would be acting without the protection of section 7(2).

Enforcement through the Commonwealth Act. The Commonwealth Act itself likely contains enforcement provisions, including the power to cancel a transfer or require return. The Queensland Act does not duplicate those provisions. The Commonwealth Attorney-General’s direction under section 44 is presumably enforceable through the Commonwealth’s own machinery, but the Queensland Act does not specify a mechanism. If a state official refuses to comply with a direction, the Commonwealth might be able to seek a remedy in a court , either through an order for specific performance or through a declaration that the direction binds the state.

No right of private action. The Act does not confer a private right of action on a prisoner. A prisoner who believes they are not being treated in accordance with the relevant enforcement laws would need to rely on other causes of action, such as judicial review of an administrative decision or a claim under the Human Rights Act 2019 (Qld) if applicable, or under the Commonwealth’s Crimes Act provisions. The Act itself is silent on remedies.

No monetary penalties for the state. The Act does not subject the State of Queensland to financial penalties for noncompliance. However, if the State fails to comply with a Commonwealth direction, the Commonwealth could potentially withdraw from the arrangement under section 8, or reduce cooperation, or take the matter to the Federal Court. The Act does not create any penalty regime for the State itself, given that section 4 binds the State but does not prescribe sanctions.

Conceivable enforcement risks. The main compliance risk is an officer acting without proper authorisation. Because the Act permits wide delegation (section 6) and relies on warrants and directions, the risk of a procedural error , such as a delegation being invalid or a warrant being incorrectly executed , could render an officer’s actions unlawful. Without a statutory penalty, an aggrieved prisoner might sue for damages. The Act does not provide an indemnity for officials. The safest enforcement mechanism for the state is internal administrative accountability.

The Act does not operate in a vacuum. It expressly references several other statutes and implicitly interacts with Queensland’s general criminal law and administrative law framework.

Commonwealth Act. This is the primary interactive law. The Queensland Act is subordinate to and dependent on the Commonwealth Act. Section 6 allows the Minister to perform functions under the Commonwealth Act. Section 7 allows officials to perform functions under the Commonwealth Act. Section 8 allows the Governor to make arrangements under section 50 of the Commonwealth Act. Sections 9(3) and 9(4) require effect to be given to directions under sections 44 and 49 of the Commonwealth Act. The Queensland Act is therefore best understood as a sister statute that confers state-level legal capacity to implement the Commonwealth scheme.

Crimes Act 1914 (Cth), Part IB. Section 9(1) of the Queensland Act states that a relevant enforcement law applies in relation to a transferred prisoner “in the same way as the enforcement law applies in relation to a federal prisoner serving a sentence of imprisonment in this jurisdiction that is imposed under a law of the Commonwealth.” The note to that subsection explicitly directs attention to Part IB of the Crimes Act, including sections 19 (cumulative sentences), 19AA (remissions) and Division 5 (conditional release). This means that the Commonwealth parole and release regime applies to prisoners transferred into Queensland under the scheme. Queensland’s own parole laws are displaced to the extent they differ from the Commonwealth provisions for federal prisoners.

Queensland enforcement laws. Section 9(5) defines “enforcement law” to include a law of Queensland, of the Commonwealth or another State, or a practice or procedure lawfully observed, about the detention of prisoners. Therefore, Queensland’s Corrective Services Act 2006 (or its predecessor) would apply to transferred prisoners, but only to the extent it is consistent with the treatment of federal prisoners. For example, Queensland classification, separation, temporary absence and transfer rules apply (section 9(2)), but they must be applied in a way that does not conflict with Commonwealth directions or the Part IB regime. Section 10(1) stops Queensland enforcement laws from applying to prisoners transferred out of Australia, but does not affect the substantive sentence itself. The underlying sentence remains a Queensland sentence; only its enforcement in Queensland is suspended.

Acts Interpretation Act 1954 (Qld), section 27A. Section 6(3) of the Act expressly allows the Minister to delegate “all necessary power under the Acts Interpretation Act 1954, section 27A.” Section 27A of the Acts Interpretation Act is a standard provision that allows a delegate to sub-delegate the delegated function. This means the Minister could delegate to the chief executive, and the chief executive could further delegate to an officer. The Act does not limit the chain of delegation beyond what section 27A allows.

Human rights legislation. The Act does not mention the Human Rights Act 2019 (Qld). However, when exercising functions under this Act, Queensland officials must comply with the Human Rights Act. For example, detaining a transferred prisoner for longer than authorised could engage the right to liberty. The Act itself does not override human rights protections; they operate in the background.

Extradition and prisoner transfer law. The Act should be distinguished from extradition. International prisoner transfer is a consensual process where the prisoner typically consents and the transfer is for the purpose of completing the sentence in the home country. Extradition involves surrendering a person for trial or sentence. The Act does not deal with extradition; it only deals with the consequences of a transfer that has already been approved under the Commonwealth Act.

Regulation-making power. Section 11 gives the Governor in Council power to make regulations under the Act. No regulations are specified in the source, but the power allows for detailed provisions on matters such as forms, fees, procedures for implementing directions, or record-keeping. Any such regulations would interact with the Act.

The source text does not provide a list of amendments to the Act. However, the Act itself contains an internal mechanism that anticipates future changes to the Commonwealth Act. Section 12(3) requires that the attachment of the Commonwealth Act be revised so that it is an accurate copy of the Commonwealth Act as amended from time to time, and that revision must happen in the first reprint of this Act after an amendment of the Commonwealth Act. This suggests that the Queensland Parliament intended the Act to be kept up to date with changes to the Commonwealth scheme, but only in the sense that the non-binding attachment is updated; the substantive provisions of the Queensland Act remain unchanged unless the Queensland Parliament amends them.

The Act commenced on a day to be fixed by proclamation (section 2). The date of actual commencement is not given in the source, but historically the Act is from 1997. It likely commenced soon after the Commonwealth Act received royal assent and the scheme became operational. The Queensland Act has probably been amended occasionally to reflect changes to the Commonwealth Act or to Queensland’s own corrective services legislation, but the source does not mention any specific amendment numbers or years.

The regulation-making power under section 11 is another avenue for amendment, but in a subordinate sense: regulations can be made without amending the primary Act. If the Commonwealth Act is substantially amended, the Queensland Act may need to be amended to ensure consistency. For example, if the Commonwealth Act changes the definition of “transfer country” or adds new categories of prisoners, section 9(1) would continue to refer to “the Commonwealth Act”, which would incorporate those changes by reference , unless the Queensland Act specifically enacts a static reference. The Act does not indicate whether it refers to the Commonwealth Act as in force from time to time or as at a particular date. The dictionary in the schedule may resolve this, but the schedule is not provided. The inclusion of the attachment being non-binding suggests that the operative reference is to the Commonwealth Act as a living instrument, but this is an inference.

Because no amendment history is recorded in the source, a reader must consult the official Queensland legislation database (www.legislation.qld.gov.au) to trace any changes. The Act’s reprint history is likely available online.

The source text does not mention any litigation involving this Act. No cases are cited, and no court decisions are referenced in the sections or notes. This is not surprising for a small enabling Act that primarily authorises executive action rather than creating rights or duties that lead to disputes. Most litigation concerning international prisoner transfers would likely focus on the Commonwealth Act or on the transfer agreement, not on the Queensland implementing statute. For example, a prisoner might challenge the validity of a transfer under the Commonwealth Act on the ground of lack of consent, or argue that a direction under section 44 was not properly given. That challenge would be brought in the Federal Court, not in Queensland courts on the basis of this Act.

Nevertheless, litigation could theoretically arise under this Act in a few scenarios. A prisoner transferred into Queensland might argue that they are not being treated in the same way as a federal prisoner, contrary to section 9(1). That argument would require the Queensland court to interpret what “federal prisoner” means and what the relevant enforcement law requires. Another possible dispute: an official might be sued for false imprisonment, and they would rely on section 7(2) as a defence. The court would then need to determine whether the official acted within the terms of a Commonwealth warrant and whether the warrant was valid.

There is also potential for litigation regarding the delegation of functions under section 6. If the Minister delegates to a person who is not “appropriately qualified” as defined, or if the delegate acts outside the scope of the delegation, the lawfulness of the delegate’s actions could be challenged. The definition of “appropriately qualified” includes classification level, which could be a low threshold. That might lead to disputes over whether classification alone is sufficient without substantive experience.

Without any specific cases recorded in the source, it is impossible to say whether such litigation has occurred. The absence of case references in the Act itself suggests that the legislature did not intend to codify any judicial interpretation. The Act’s note in section 7(1) provides examples of functions (warrant and arrest scenarios) but does not cite any case law. Therefore, for a practitioner, the safest assumption is that the Act has generated little or no reported litigation, and any existing decisions would be found in standard legal databases by searching for the Act’s name.

Several features of the Act can trap an unwary practitioner, particularly around delegation, the legal status of the attachment, and the scope of lawful authority.

Delegation by rank rather than merit. Section 6(4) defines “appropriately qualified” to include “a person’s classification level in the entity in which the person is employed.” This means the Minister can delegate to any officer of a certain rank, even if that officer has no specific training in international transfer law or procedure. An officer who receives a delegated function may not realise the limits of that function, leading to ultra vires actions. The Act does not require any specific training or minimum qualifications beyond classification level.

The attachment is not part of the Act. Section 12(2) explicitly states that the attached copy of the Commonwealth Act is not part of the Act. This creates a trap: a practitioner who relies on the attached text for legal advice may find that the attachment is outdated or contains errors. Because the attachment must be revised only in the first reprint after an amendment (section 12(4)), there can be a significant lag between a Commonwealth amendment and the updated Queensland reprint. The operative law is the Commonwealth Act as published on the Federal Register of Legislation, not the Queensland attachment.

Warrants and directions may be issued without Queensland input. Sections 9(3) and (4) require effect to be given to directions under sections 44 and 49 of the Commonwealth Act. These directions are issued by the Commonwealth Attorney-General. The Act does not give Queensland officials any discretion to refuse to comply. If the direction is inconsistent with Queensland policy or with another law, the official must still comply , unless the direction is itself invalid under Commonwealth law. There is no Queensland filter.

Powers of pardon survive transfer, but enforcement does not. For prisoners transferred out, section 10(1) stops Queensland enforcement laws from applying. Yet section 10(2) preserves the power to pardon, grant amnesty or commute the sentence. A practitioner might assume that because enforcement has ceased, the state has no further involvement. But the state could exercise the pardon power, which might require the prisoner’s return or affect the sentence length in the receiving country. The Act does not specify how a pardon or commutation would be communicated or implemented across international borders.

Lawful authority is not immunity. Section 7(2) makes it “lawful” to hold and deal with a prisoner under a warrant. But if the warrant is later found to be invalid, the authority is retroactively removed. The Act does not provide a good-faith defence for officials who act in reliance on a facially valid warrant. Unlike some other statutes, there is no provision stating that a warrant is evidence of its own validity. Officials should insist on seeing the actual warrant and should seek legal advice if there is any doubt.

No provision for transfer of sentencing information. The Act does not address how Queensland should communicate a prisoner’s sentence calculation, remission eligibility, or parole history to the receiving country or to the Commonwealth for the purpose of the transfer. While the Commonwealth Act may cover this, the Queensland Act is silent, meaning that officials might inadvertently disclose incorrect information or fail to disclose matters that affect the transfer decision. There is no duty of care provision in the Act.

Ambiguity about who pays. The Act does not state who bears the costs of transferring a prisoner, escorting them, or accommodating them after transfer. Section 8 allows the Governor to make arrangements under the Commonwealth Act, which may include cost-sharing provisions. But if no arrangement is made, or if the arrangement is silent, Queensland could be left with an unfunded expense. There is no appropriation or cost recovery mechanism in the Act.

No sunset or review clause. The Act does not require periodic review. It remains in force indefinitely unless repealed. This means that even if the Commonwealth scheme is abandoned or significantly changed, the Queensland Act may remain on the books, creating a potential mismatch.

Compliance with the Prisoners International Transfer (Queensland) Act 1997 is primarily a matter for state officials and departments, not for private citizens. There are no forms to lodge or fees to pay. Compliance is achieved by ensuring that all actions taken under the Act are authorised by a valid legal basis , either a function conferred by the Commonwealth Act, a valid delegation from the Minister, a valid warrant, or a direction from the Commonwealth Attorney-General.

For the Minister. The Minister should ensure that any delegation of functions under section 6 is made in writing and identifies the delegate by name or by office. The delegation should specify which functions are delegated and any conditions. The Minister should also be aware that the delegation power under section 6(3) allows sub-delegation, so the Minister may wish to restrict sub-delegation in the instrument. The Minister should keep a register of all delegations and review them periodically to ensure the delegate remains “appropriately qualified” , especially if the officer changes classification level.

For the chief executive and departmental officers. If a function is delegated to the chief executive or to an officer, the delegate must act within the scope of the delegation. Before performing a function, the officer should confirm that the delegation is still in force and that the function has not been reserved by the Minister. The officer should also be familiar with the Commonwealth Act, particularly the sections that confer functions on state officials. For example, if a warrant is issued under section 30 of the Commonwealth Act requiring an escort, the officer must verify that the warrant names the correct prisoner and is still effective.

For prison officers and police officers. Section 7(2) provides lawful authority to hold and deal with a prisoner under a Commonwealth warrant. To comply, the officer must have the actual warrant in their possession or be acting on direct instruction from a person who has it. The officer should not rely on hearsay. If the warrant includes conditions (e.g., escort to a specific country by a specific route), those conditions must be followed. The officer should also be aware that the authorisation only extends to actions that are “authorised under the Commonwealth Act” , so an action not contemplated by the Act (e.g., using excessive force) would not be protected.

For the Governor and the Queensland Government. The Governor may make arrangements under section 8. Before entering into an arrangement, the government should assess the costs, resource implications, and legal risks. The arrangement should be documented and should be reviewed whenever the Commonwealth Act is amended. The government should also ensure that the department has the capacity to implement the enforcement regime for incoming prisoners under section 9, including applying the correct parole and remission rules under Part IB of the Crimes Act.

For the department administering corrective services. The department must treat a prisoner transferred to Queensland in the same way as a federal prisoner. This means: (a) applying the same classification and separation rules; (b) calculating the sentence using sections 19 and 19AA of the Crimes Act; (c) determining parole eligibility under Division 5; and (d) giving effect to any Commonwealth Attorney-General direction. The department should coordinate with the Commonwealth Attorney-General’s Department to receive directions and should have a procedure for recording and implementing them. For prisoners transferred out, the department must cease applying Queensland enforcement laws but should still notify the Governor and the Attorney-General of any developments that might warrant a pardon or commutation (section 10(2) preserves that power).

Record-keeping and auditing. Although the Act does not prescribe record-keeping, good compliance involves keeping records of: (a) each transfer (incoming or outgoing); (b) the warrant or direction authorising the transfer; (c) the delegation instrument if an official acts under delegation; (d) the Commonwealth Attorney-General’s directions and their implementation; and (e) any exercise of the pardon or commutation power. An audit trail will help defend against any future challenge to the lawfulness of actions taken under the Act.

No private compliance obligations. Private individuals, companies or lawyers do not have direct obligations under this Act. However, if a lawyer is asked to advise a prisoner about a potential transfer, the lawyer should be aware that the prisoner’s rights on return will be governed by section 9 and Part IB of the Crimes Act (Cth), not by Queensland’s general sentencing law. The Act does not address the prisoner’s consent to transfer; that is governed by the Commonwealth Act.