7Requests for, and orders of, transfer

#### 7 Requests for, and orders of, transfer 7 Requests for, and orders of, transfer > > (1) Where the Minister— > > > > > (a) receives a written request made by a State prisoner serving a sentence of imprisonment in New South Wales for the transfer of the prisoner to a participating State or to a Territory, and > > > > > (b) is of the opinion that the prisoner to whom the request relates should be transferred to the participating State or the Territory, > > > > the Minister shall— > > > > > (c) where the request is for the transfer of the prisoner to a participating State—give to the corresponding Minister of the participating State a written request asking that Minister to accept the transfer of the prisoner to the participating State, and > > > > > (d) where the request is for the transfer of the prisoner to a Territory—give to the Attorney-General of the Commonwealth a written request asking the Attorney-General to consent to that transfer. > > > (2) Where the Minister— > > > > > (a) has— > > > > > > > (i) in respect of a request made by a State prisoner for a transfer to a participating State, given to the corresponding Minister of the participating State a written request under subsection (1) (c), and > > > > > > > (ii) received from that Minister written notice of consent to the transfer of the prisoner to the participating State, or > > > > > (b) has— > > > > > > > (i) in respect of a request made by a State prisoner for a transfer to a Territory, given to the Attorney-General of the Commonwealth a written request under subsection (1) (d), and > > > > > > > (ii) received from the Attorney-General of the Commonwealth written notice of consent to the transfer of the prisoner to the Territory, > > > > the Minister may issue an order for the transfer of the prisoner to the participating State or the Territory, as the case may be. > > > (3) Where the Minister— > > > > > (a) receives a written request made by a joint prisoner serving a sentence of imprisonment in New South Wales for the transfer of the prisoner to a participating State, and > > > > > (b) is of the opinion that the prisoner to whom the request relates should be transferred to the participating State, > > > > the Minister shall give to the corresponding Minister of the participating State a written request asking that Minister to accept the transfer of a prisoner to that participating State. > > > (4) Where the Minister has— > > > > > (a) in respect of a request by a joint prisoner for a transfer to a participating State, given to the corresponding Minister of the participating State a written request under subsection (3), and > > > > > (b) received from that Minister written notice of consent to the transfer of the prisoner to the participating State, > > > > the Minister may issue an order for the transfer of the prisoner to the participating State. > > > (5) Where a joint prisoner is serving a sentence of imprisonment in New South Wales and the Minister— > > > > > (a) receives a written request made by the prisoner for the transfer of the prisoner to a Territory, and > > > > > (b) is of the opinion that the prisoner to whom the request relates should be transferred to the Territory, > > > > the Minister may issue an order for the transfer of the prisoner to the Territory. > > > (6) A decision to issue, or not to issue, an order under this section is not reviewable by a court or tribunal. > > **s 7:** Subst 1986 No 187, Sch 1 (3). Am 2005 No 21, Sch 1 \[2\].