Community Based Sentences (Interstate Transfer) Act 2023

(a) the offender has consented to the interstate sentence being registered in the Territory and has not withdrawn the consent; and

(b) there is a corresponding community based sentence under the law of the Territory; and

(c) the offender is capable of complying with the interstate sentence in the Territory; and

(d) the interstate sentence is capable of being safely, efficiently and effectively administered in the Territory.

(2) For subsection (1)(b), there is a corresponding community based sentence under the law of the Territory for an interstate sentence if:

(a) a community based sentence under the law of the Territory corresponds, or substantially corresponds, to the interstate sentence because:

(i) a penalty of substantially the same nature as the penalty imposed by the interstate sentence can be imposed under the community based sentence; and

(ii) 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; or

(b) a community based sentence under the law of the Territory is prescribed by regulation to correspond to the interstate sentence, whether or not the sentence corresponds, or substantially corresponds, to the interstate sentence.