Australian Capital Territory Numbered Acts

PRISONERS (INTERSTATE TRANSFER) ACT 1993 (NO. 70 OF 1993) - SECT 12

12. (1) An order of transfer shall be issued under this Part only if—

        (a)     the Attorney-General of the Territory has, in writing, consented to the transfer;

        (b)     in the case of the transfer of a prisoner to a participating State (including a transfer to which subparagraph (c) (ii) applies)—the Attorney-General of that State has, in writing, either consented to or requested the transfer; and

        (c)     in the case of a request for transfer—

              (i)     to a non-participating Territory; or

              (ii)     for the purpose 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 person holding an office or position prescribed by the regulations certifying that any consent or request for the purposes of subsection (1) for the transfer of a prisoner to a specified participating State or non-participating Territory 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.