Crimes (Interstate Transfer of Community Based Sentences) Act 2004

The registration criteria are that:

the offender has consented to the sentence being registered in this jurisdiction and has not withdrawn the consent, and

there is a corresponding community based sentence under the law of this jurisdiction, and

the offender can comply with the sentence in this jurisdiction, and

the sentence can be safely, efficiently and effectively administered in this jurisdiction.

In this section, there is a corresponding community based sentence under the law of this jurisdiction for the interstate sentence if:

a community based sentence under the law of this jurisdiction corresponds, or substantially corresponds, to the interstate sentence, or

a community based sentence under the law of this jurisdiction is declared by the regulations to correspond to the interstate sentence, whether or not the sentence corresponds, or substantially corresponds, to the interstate sentence.

For the purposes of subsection (2) (a), a community based sentence under a law of this jurisdiction corresponds, or substantially corresponds, to an interstate sentence if and only if the law of this jurisdiction provides that:

a penalty of substantially the same nature as the penalty imposed by the interstate sentence can be imposed by the community based sentence, and

conditions of substantially the same nature as the conditions to which the interstate sentence is subject can be imposed in relation to the community based sentence.