1Short title
This Act may be cited as the Community Based Sentences (Interstate
Transfer) Act 2023.
Bills and explanatory statements from legislation.nt.gov.au; second reading speeches from the NT Parliamentary Record (Territory Stories). Links open the official source in a new tab.
Bill homepage (legislation.nt.gov.au)This Act may be cited as the Community Based Sentences (Interstate
Transfer) Act 2023.
Subject to subsection (2), this Act commences on the day fixed by the Administrator by Gazette notice.
If a provision of this Act does not commence before
24
July 2025, it commences on that day.
The purpose of this Act is to enable community based sentences imposed in participating jurisdictions to be transferred, by registration, between participating jurisdictions.
This Act applies to sentences imposed by courts on:
adults convicted or found guilty of offences; and
(b) persons under the age of 18 years who have been sentenced to a community based sentence under the Sentencing Act 1995.
This Act does not apply to the following:
a parole order;
(b) a sentence to the extent it imposes a fine or other financial penalty;
a sentence to the extent it requires the making of reparation.
In this Act:
community based sentence, see section 6.
corresponding law, see section 8.
interstate authority, for an interstate jurisdiction, means the local authority for the jurisdiction under the corresponding law of the jurisdiction.
interstate jurisdiction means a participating jurisdiction other than the Territory.
interstate register, for an interstate jurisdiction, means a register kept under the corresponding law of the interstate jurisdiction.
interstate sentence, see section 7(2).
jurisdiction means a State or Territory of the Commonwealth.
local authority, see section 9.
local register, see section 11(1).
local sentence, see section 7(1).
offender, for a sentence, means the person who is subject to the sentence.
participating jurisdiction means the following:
the Territory;
(b) a State or Territory of the Commonwealth declared by the regulations to be a participating jurisdiction.
registration criteria, see section 16.
sentence means an order, decision or other sentence, however described, and includes part of a sentence.
Note for section 5
The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act.
A community based sentence is:
for the Territory:
(i) a community correction order or intensive community correction order made under the Sentencing Act 1995; or
(ii) a suspended sentence of imprisonment imposed under section 40 of the Sentencing Act 1995 that is a monitoring order as defined in section 166 of the Correctional Services Act 2014; or
(iii) a community work order, community based order, home detention order or community custody order made under the Sentencing Act 1995 as in force before the commencement of Part 2 of the Sentencing and Other Legislation Amendment Act 2022; or
(iv) an order made under section 11 or 13 of the Sentencing Act 1995 as in force before the commencement of Part 2 of the Sentencing and Other Legislation Amendment Act 2022 that is a monitoring order as defined in section 166 of the Correctional Services Act 2014; or
any other sentence prescribed by regulation; or
(b) for an interstate jurisdiction – a sentence that is a community based sentence under the corresponding law of the jurisdiction.
(2) For subsection (1), each of the following orders or sentences and the sentence of imprisonment in relation to which the order was made or the sentence was imposed is taken to be a single community based sentence:
(a) an intensive community correction order mentioned in subsection (1)(a)(i);
(b) a suspended sentence of imprisonment mentioned in subsection (1)(a)(ii);
a home detention order mentioned in subsection (1)(a)(iii);
a community custody order mentioned in subsection (1)(a)(iii).
A local sentence is a community based sentence in force in the Territory.
An interstate sentence is a community based sentence in force in an interstate jurisdiction.
A corresponding law is a law of an interstate jurisdiction:
corresponding, or substantially corresponding, to this Act; or
(b) prescribed by regulation, whether or not the law corresponds, or substantially corresponds, to this Act.
The local authority is the Commissioner of Correctional
Services.
The local authority may delegate any of the local authority's functions under this Act to a person who, in the opinion of the local authority, is an appropriately qualified person to perform the function.
The local authority must keep a register (the local register) of interstate sentences registered under this Act.
The local authority has the power to do anything necessary or convenient to be done for, or in connection with, the performance of its functions under this Act.
The local authority may register an interstate sentence in the
Territory at the request of the interstate authority for the interstate jurisdiction in which the sentence is in force.
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