NSWIn ForceAct
Prisoners (Interstate Transfer) Act 1982
12Request for transfer of prisoner to participating State
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#### 12 Request for transfer of prisoner to participating State
12 Request for transfer of prisoner to participating State
> > (1) Where a person who is the subject of an arrest warrant issued in accordance with the law of a participating State, the Commonwealth or a Territory is a prisoner serving a sentence of imprisonment in New South Wales and the Attorney General receives—
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> > > (a) from—
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> > > > (i) in the case of an arrest warrant issued in accordance with the law of a participating State—the Attorney-General of the participating State, or
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> > > > (ii) in the case of an arrest warrant issued in accordance with the law of the Commonwealth or a Territory—the Attorney-General of the Commonwealth,
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> > > a written request, accompanied by a copy of the warrant, or
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> > > (b) a written request made by the prisoner to the Minister and referred to the Attorney General,
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> > being in any case a request for the transfer of the prisoner to a participating State or to a Territory to be dealt with according to law, the Attorney General shall either refuse to consent, or consent, to the transfer and shall give to the Attorney-General of the participating State, the Attorney-General of the Commonwealth or to the Minister, as the case may be, written notice of the Attorney General’s refusal or consent.
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> > (2) Where the Minister receives a written request made by a prisoner for the transfer of the prisoner to a participating State, or to a Territory to be dealt with according to law, the Minister shall refer the written request to the Attorney General.
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> > (3) A request made by a prisoner for transfer to a participating State, or to a Territory need not be referred by the Minister to the Attorney General if it is made within one year of a similar request made by the prisoner.
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> **s 12:** Am 1986 No 187, Sch 1 (6).