Section 6 in Agreement Between the Government of the Republic of India and the Government of Australia Concerning Transfer of Sentenced Persons
6. Procedure for Transfer.
(1)The Contracting States shall take responsible steps to inform sentenced persons of the substance of this Agreement after their conviction.(2)If the sentenced person wishes to be transferred, he or she, or someone on their behalf, may express such a wish to the transferring State or the receiving States, either of whom shall inform the other Contracting State in writing.(3)Upon receiving an application from a sentenced person, either the transferring or the receiving State may make a request for transfer in writing through diplomatic channels.(4)Request for transfer shall be in writing and shall include the following information:(a)the name, date and place of birth of the sentenced person;(b)a statement of the citizenship, nationality or residence status of the sentenced person; and(c)the location of the sentenced persons and current address.(5)Where a request for transfer has been made, the transferring State shall provide the receiving State with the following information unless either the receiving or transferring State has already decided that it will not agree to the transfer:(a)a statement of the facts upon which the conviction and sentence were based;(b)a statement of the relevant law creating the offence;(c)the commencement and termination dates of the sentence, if applicable and the nature of the sentence;(d)the length of time already served by the sentenced person;(e)any remission to which he or she is entitled on account of work done, good behavior, pre-trial confinement or other reasons;(f)the first possible date on which the sentenced person became or will become eligible for release or is to be considered for release, and any condition or supervision the sentenced person is subject to or will be subject to on release, if applicable;(g)a copy of the certificate or record of conviction and sentence and, if applicable, copies of any judgments and sentencing remarks;(h)any correctional facility, medical or social reports on the sentenced person and, if applicable, information about the sentenced person's medical treatment in the transferring States any recommendation for further treatment in the receiving State; and(i)as far as possible, any other information which the receiving State may specify as required, to enable it to consider the possibility of transfer and to enable it to inform the sentenced person of the full consequences of transfer for him or her under its law.(6)The receiving State shall provide the transferring State with the following information before transfer, if requested by the transferring State unless either the receiving or the transferring State has already decided that it will not agree to the transfer:(a)a document or statement indicating that the sentenced person complies with the conditions in Article 4 (b) or 4 (c);(b)a copy of the relevant law and a statement that the acts or omissions on account of which the sentence has been imposed constitute the essential elements of a criminal offence according to the law of the receiving State, or would constitute a criminal offence if committed within the jurisdiction of the receiving State, on the day of receipt of the request for transfer, unless the condition in Article 4(a) has been waived;(c)a statement describing how the sentenced person's sentence would be enforced by the receiving state in accordance with the continued enforcement method (Article10), including any adaptation made to the sentence and potential entitlements to remissions for early release;(d)a Statement that the sentenced person will not be tried or sentenced in the receiving State for the acts or omission on account of which the sentence was enforced in the transferring State and shall not be detained for those acts or omission except in accordance with this Agreement; and(e)as far as possible, any other additional information relevant to the potential transfer requested by the transferring State.(7)Delivery of the sentenced person by the authorities of the transferring State to those of the receiving State shall occur on a date and at a place within the territory of the transferring State as agreed upon by both Contracting States. The receiving State shall be responsible for the transport of the sentenced person from the transferring State and shall also be responsible for custody of the sentenced person outside the territory of the transferring State.Article 7
