13Necessary consents

#### 13 Necessary consents 13 Necessary consents > > (1) An order of transfer shall be issued under this Part only if— > > > > > (a) the Attorney General has, in writing, consented to the transfer of the prisoner to whom the order relates to the participating State or to the Territory, as the case may be, > > > > > (b) in the case of a request for the transfer of a prisoner to a participating State (including a prisoner to whom paragraph (c) (ii) applies)—the Attorney-General of the participating State has, in writing, either consented to or requested the transfer, and > > > > > (c) in the case of— > > > > > > > (i) a request for the transfer of a prisoner to a Territory, or > > > > > > > (ii) a request for the transfer of a prisoner for the purpose of being dealt with in respect of an arrest warrant issued in accordance with the law of the Commonwealth, > > > > > > the Attorney-General of the Commonwealth has, in writing, either consented to or requested the transfer. > > > (2) A certificate signed by a prescribed officer certifying that any consent or request required under subsection (1) for the transfer of a prisoner to a participating State, or to a Territory, specified in the certificate has been given or made is, in the absence of evidence to the contrary, proof that the consent or request has been given or made. > > > (3) In this section— > > > > prescribed officer means the Secretary of the Department of Communities and Justice or an officer authorised by the Secretary. > > **s 13:** Am 1986 No 187, Sch 1 (7); 2025 No 15, Sch 6.