Decision on request
17 Decision on request
The local authority may decide:
to register the interstate sentence; or
(b) to register the interstate sentence subject to any preconditions imposed under section 18; or
to not register the interstate sentence.
(2) In deciding whether to register the interstate sentence, the local authority:
must have regard to the registration criteria; and
may have regard to:
any matter prescribed by regulation; and
any other matter the authority considers relevant.
The local authority:
(a) may decide not to register the interstate sentence even if satisfied that the registration criteria are met; and
(b) must not register the interstate sentence unless satisfied that the registration criteria are met.
(4) The local authority may decide whether to register the interstate sentence, or to impose any preconditions, based on the information and documents given to the authority under this Part, and any other information or documents available to the authority, without hearing the offender.
(5) To avoid doubt, the local authority may decide to register the interstate sentence even if:
(a) the interstate jurisdiction is not the originating jurisdiction for the sentence; or
(b) the sentence has previously been registered in the Territory or the Territory is the originating jurisdiction for the sentence; or
(c) the authority has previously decided not to register the sentence in this jurisdiction.
(6) If the local authority decides not to register the interstate sentence, the authority must give written notice of the decision to the offender and the interstate authority.
This provision refers to the regulations (prescribed by regulation
). Made under this Act:
This Act’s bill:Explanatory statementSecond reading speech
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