Crimes (Interstate Transfer of Community Based Sentences) Act 2004

This Act is the Crimes (Interstate Transfer of Community Based Sentences) Act 2004.

This Act commences on a day or days to be appointed by proclamation.

The purpose of this Act is to allow community based sentences imposed in participating jurisdictions to be transferred, by registration, between participating jurisdictions.

This Act applies only to sentences imposed by courts on adults convicted or found guilty of offences.

This Act does not apply to a parole order.

In this Act:

community based sentence—see section 7.

corresponding law—see section 10.

Department means the Department of Corrective Services.

interstate authority—see section 11.

interstate jurisdiction—see section 8 (4).

interstate sentence—see section 9 (2).

jurisdiction—see section 8 (1).

local authority—see section 12.

local register—see section 14.

local sentence—see section 9 (1).

offender, in relation to a community based sentence, means the person on whom the sentence was imposed.

originating jurisdiction, for a community based sentence, means the jurisdiction where the sentence was originally imposed.

parole order means an order in force under section 138, 141, 149, 150, 154A, 158 or 160 of the Crimes (Administration of Sentences) Act 1999.

participating jurisdiction—see section 8 (3).

registration criteria, for Part 4 (Registration of interstate sentences in this jurisdiction)—see section 19.

sentence means an order, decision or other sentence (however described), and includes part of a sentence.

serve a sentence includes:

comply with or satisfy the sentence, or

do anything else in accordance with the sentence.

this jurisdiction—see section 8 (2).

Note—

Expressions used in this Act (or in a particular provision of this Act) that are defined in the Interpretation Act 1987 have the meanings set out in that Act.

Notes included in this Act do not form part of this Act.

A community based sentence is:

for this jurisdiction—any of the following:

an intensive correction order under section 7 of the Crimes (Sentencing Procedure) Act 1999 (including a home detention order that is taken to be an intensive correction order subject to a home detention condition under Part 29 of Schedule 2 to that Act),

a community correction order under section 8 of the Crimes (Sentencing Procedure) Act 1999 (including a community service order or good behaviour bond that is taken to be a community correction order under Part 29 of Schedule 2 to that Act),

a conditional release order under section 9 of the Crimes (Sentencing Procedure) Act 1999 (including a good behaviour bond that is taken to be a conditional release order under Part 29 of Schedule 2 to that Act),

an order under section 12 (1) of the Crimes (Sentencing Procedure) Act 1999 suspending a sentence, a good behaviour bond entered into in accordance with the order and the sentence of imprisonment imposed in relation to the order, where the order was made before the repeal of that section by the Crimes (Sentencing Procedure) Amendment (Sentencing Options) Act 2017,

a sentence declared by the regulations to be a community based sentence, and

for an interstate jurisdiction—a sentence that is a community based sentence under the corresponding law of the jurisdiction.

For the purposes of subsection (1) (a), the following are taken to be a single community based sentence:

an order referred to in subsection (1) (a) (i) and the sentence of imprisonment in relation to which the order is made,

an order referred to in subsection (1) (a) (iv) and the good behaviour bond and the sentence of imprisonment imposed in relation to the order,

any combination of 2 or more community based sentences referred to in subsection (1) (a) that is declared by the regulations to be a single community based sentence.

A jurisdiction means a State or Territory of the Commonwealth.

This jurisdiction means New South Wales.

A participating jurisdiction is this jurisdiction or a State or Territory of the Commonwealth declared by the regulations to be a participating jurisdiction.

An interstate jurisdiction is a participating jurisdiction other than this jurisdiction.

A local sentence is a community based sentence in force in this jurisdiction.

Note—

For the effect of interstate registration of a local sentence, see section 27.

An interstate sentence is a community based sentence in force in an interstate jurisdiction.

Note—

For the effect of registration in this jurisdiction of an interstate sentence, see section 24.

A corresponding law is:

a law of an interstate jurisdiction corresponding, or substantially corresponding, to this Act, or

a law of an interstate jurisdiction that is declared by the regulations to be a corresponding law, whether or not the law corresponds, or substantially corresponds, to this Act.

The interstate authority for an interstate jurisdiction is the entity that is the local authority for the jurisdiction under the corresponding law of the jurisdiction.

Note—

The local authority for New South Wales is the Commissioner of Corrective Services, see section 12.

The local authority for this jurisdiction is the Commissioner of Corrective Services.