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[Cites 0, Cited by 0] [Section 10] [Entire Act]

Union of India - Subsection

Section 10(3) in Agreement Between the Government of the Republic of India and the Government of Australia Concerning Transfer of Sentenced Persons

(3)If the sentence is by its nature or duration incompatible with the law of the receiving State, the receiving State may, in proposing terms to the transferring State, adapt the sentence in accordance with the sentence prescribed by its own law for a similar offence. When adapting the sentence, the appropriate authorities of the receiving State shall be bound by the findings of fact, insofar as they appear from the conviction, judgement, or sentence imposed by the transferring State. The adapted sentence shall be no more severe than the imposed by the transferring State in terms of nature or duration.