19Responsibility for escort arrangements

19 Responsibility for escort arrangements

(1)  Subject to subregulation (2) , the cost of, and responsibility for, transferring a prisoner pursuant to an order of transfer made under a section of the Act specified in the table in this regulation is to be borne by the jurisdiction specified, in that table, opposite the description.

(2)  Subregulation (1) does not apply if there is an agreement to the contrary between –

(a) in the case of a request for the transfer of a State prisoner to a participating State, the Minister and the corresponding Minister; or

(b) in the case of a request for the transfer of a State prisoner to a Territory, the Minister and the Attorney-General of the Commonwealth; or

(c) in the case of a request for the transfer of a joint prisoner to a participating State or Territory, the Minister, the Attorney-General of the Commonwealth, and the corresponding Minister of the participating State or Territory.

(3)  In the table to this regulation a reference to a sentence includes a reference to concurrent or cumulative sentences.

| Item | Section of Act | Description of order | Responsible jurisdiction | | 1. | Section 5(2) | Order for transfer of State prisoner to participating State or Territory for prisoner’s welfare | Tasmania | | 2. | Section 5(4) , 5(5) , 13 or 14 | Order for transfer to participating State or Territory for welfare or trial of – | Commonwealth | | | | (a) joint prisoner serving State and Commonwealth sentences for the same period; or | | | | | (b) joint prisoner serving longer Commonwealth sentence than State sentence | | | 3. | Section 5(4) , 5(5) , 13 or 14 | Order for transfer to participating State or Territory for welfare or trial of joint prisoner serving longer State sentence than Commonwealth sentence | Participating State or Territory | | 4. | Section 13 or 14 | Order for transfer of State prisoner to participating State or Territory for prisoner’s trial where prisoner to be dealt with according to law of Commonwealth | Commonwealth | | 5. | Section 13 or 14 | Order for transfer of State prisoner to participating State or Territory for prisoner’s trial where prisoner to be dealt with according to law of participating State or Territory | Participating State or Territory | | 6. | Section 18 | Order for transfer to return prisoner to participating State or Territory after being dealt with according to law | Tasmania |