Section 12 in Agreement Between the Government of the Republic of India and the Government of Australia Concerning Transfer of Sentenced Persons
12. Transit of the Sentenced Person.
(1)If either Contracting State enters into arrangements for the transfer of sentenced persons with any third State, the other Contracting State shall, subject to its domestic law, co-operate in facilitating the transit through its territory except that it may refuse to grant transit if the:(a)sentenced person is one of its own nationals; or(b)request may infringe upon the sovereignty, safety, public order or any other essential interest of the Contracting State.(2)The Contracting State intending to make such a transfer shall give advance notice in writing to the Competent Authority of the other Contracting State.(3)The Contracting State intending to make such a transfer may ask the other Contracting State to give an assurance that the sentenced person will not be prosecuted or detained, other than for the purpose of facilitating transit, or otherwise subjected to any restriction on his or her liberty for any offence committed or sentence imposed prior to his or her departure from the territory of the third State in which the sentence was imposed.Article 13
