International Transfer of Prisoners Act 1997

The International Transfer of Prisoners Act 1997 is an Act relating to the transfer of prisoners to and from Australia. The Act aims to facilitate the transfer of prisoners between Australia and certain countries with which Australia has entered agreements for the transfer of prisoners, so that the prisoners may serve their sentences of imprisonment in their countries of nationality or in countries with which they have community ties.

The Act defines various terms, including "prisoner", "Tribunal prisoner", and "transfer country". It also sets out the requirements for the transfer of prisoners from Australia to other countries, including the need for the prisoner's consent, the consent of the Attorney-General, and the issue of a warrant for the transfer.

The Act applies to prisoners serving sentences of imprisonment imposed by various international tribunals, including the Former Yugoslavia Tribunal, the Rwanda Tribunal, and the International Residual Mechanism for Criminal Tribunals. It also covers prisoners who are serving sentences of imprisonment under the laws of States and Territories.

The Act provides for the enforcement of sentences in Australia, including the directions given to a prisoner on release from prison, the duration and nature of enforced sentences, and the appeal and review procedures for sentences of imprisonment imposed by transfer countries or tribunals.

The Act also makes provision for arrangements with States and Territories, recovery of costs and expenses of transfer, and notification of countries as transfer countries. It includes provisions relating to the arrest of persons escaping from custody, aiding persons to escape, and consent of the Immigration Minister.

The Act has undergone several amendments since its enactment in 1997, with the most recent amendment being made in 2023. The compilation includes all amendments up to that date.