14Return of prisoner

#### 14 Return of prisoner (1) Where a prisoner is, in pursuance of a trial transfer order or a State order of transfer or both, transferred to a State or Territory to stand trial for a charge in respect of an offence against a law of the Commonwealth or of that State or Territory, the Attorney‑General shall, if: (a) the Attorney‑General is satisfied that that charge and such other charges (if any) as have been laid against the prisoner (whether before or after the prisoner was so transferred): (i) in respect of offences against laws of the Commonwealth that are triable in that State or Territory; or (ii) in respect of offences against laws of that State or Territory; have been finally dealt with according to law; and (b) the prisoner is, upon that charge or those charges having been so dealt with, a Commonwealth prisoner; and (c) the prisoner has not, upon that charge or those charges having been so dealt with, been sentenced in that State or Territory to a term of imprisonment for an offence against a law of the Commonwealth or of that State or Territory that expires on a day later than the last day of any federal sentence, transferred sentence or translated sentence of the prisoner; by notice in writing served on the prisoner, inform the prisoner that unless: (d) the prisoner applies to the Attorney‑General in accordance with subsection (2) by such date as is specified in the notice, being a date later than 14 days after service of the notice, for an order declaring the prisoner to be an exempt prisoner; and (e) the Attorney‑General makes that order; the Attorney‑General may make an order in writing for the transfer of the prisoner from that State or Territory back to the State or Territory from which he or she has been transferred in pursuance of that trial transfer order or order of transfer. (2) Subject to this section, upon application made to the Attorney‑General by a prisoner upon whom a notice has been served under subsection (1), the Attorney‑General may, in his or her discretion, make an order declaring the prisoner to be an exempt prisoner. (3) An application made by a prisoner under subsection (2) shall set out such matters with respect to the welfare of the prisoner as the prisoner considers relevant. (4) In exercising his or her powers under subsection (2) to make an order declaring a prisoner to be an exempt prisoner, the Attorney‑General shall have regard to all matters that he or she considers relevant, including, but without limiting the generality of the foregoing: (a) the administration of justice; and (b) the welfare of the prisoner. (5) Where a prisoner upon whom a notice has been served under subsection (1) is, at the time when the notice is served upon him or her, serving a sentence of imprisonment in a State, the Attorney‑General shall not make an order declaring that prisoner to be an exempt prisoner unless the appropriate Minister of that State has consented in writing to the making of that order. (6) Subject to subsections (8A) and (9), if: (a) a prisoner upon whom a notice has been served under subsection (1) fails to apply in accordance with the notice for an order declaring him or her to be an exempt prisoner; or (b) a prisoner upon whom a notice has been served under subsection (1) applies in accordance with the notice for such an order but the Attorney‑General refuses to make the order so sought; the Attorney‑General shall make the order for the transfer of the prisoner that is set out in the notice unless: (c) the Attorney‑General has ceased to be satisfied with respect to the matter referred to in paragraph (1)(a); or (d) paragraph (1)(b) or (c) has ceased to apply in relation to the prisoner. (7) A return transfer order shall come into force on a day specified in the order, being a day not later than 7 days after it is made. (8) For the purpose of determining, under subsection (1), whether a term of imprisonment to which a prisoner is sentenced in a State or Territory expires on a later day than the last day of any federal sentence, transferred sentence or translated sentence of the prisoner, a sentence of imprisonment for an indeterminate period shall be taken to expire on a later day than the last day of any sentence of imprisonment for a finite period. (8A) Despite subsection (6), the Attorney‑General is not required to make an order for the transfer of a prisoner under that subsection from New South Wales to another State or to a Territory if: (a) the prisoner has been removed to New South Wales under the Removal of Prisoners (Australian Capital Territory) Act 1968; and (b) the prisoner has not applied for an order declaring him or her to be an exempt prisoner but, if he or she had so applied, the Attorney‑General would have made such an order. (9) Notwithstanding subsection (6), the Attorney‑General is not required to make an order for the transfer of a prisoner under that subsection from a State or Territory to another State or Territory if he or she has made an order under section 6 for the transfer of the prisoner from the first‑mentioned State or Territory to a State or Territory other than the second‑mentioned State or Territory.