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Union of India - Section

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

10. Continued Enforcement of Sentence.

(1)The receiving State shall enforce the sentence as if the sentence had the same duration or termination date as imposed by the transferring State and as if the sentence had been imposed in the receiving State.
(2)The continued enforcement of the sentence after transfer shall be governed by the laws and procedures of the receiving State, including those governing conditions for service of imprisonment, confinement or other deprivation of liberty by parole, conditional release, remission or otherwise and those providing for the reduction of the term of imprisonment, confinement or other deprivation of liberty by parole, conditional release, remission or otherwise.
(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.
(4)The receiving State shall modify or terminate enforcement of the sentence as soon as it is informed of any decision by the transferring State in accordance with Article 9.
(5)The contracting States shall take reasonable steps to inform the sentenced person in writing of any action or decision taken by the transferring State in accordance with Article 9.Article 11