Community Based Sentences (Interstate Transfer) Regulation 2021

This regulation may be cited as the Community Based Sentences (Interstate Transfer) Regulation 2021.

For section 13(2)(b) of the Act, this section prescribes the community based sentences declared to correspond to interstate sentences.

However, each of the community based sentences corresponds to an interstate sentence other than to the extent that the community based sentence—

imposes a fine or financial penalty, however it is described; or

requires making reparation to a particular person, however it is described.

A probation order made under the Penalties and Sentences Act 1992, part 5 is declared to correspond to each of the following interstate sentences—

for the Australian Capital Territory—a good behaviour order under the Crimes (Sentencing) Act 2005 (ACT);

for New South Wales—

a community correction order under the Crimes (Sentencing Procedure) Act 1999 (NSW); or

a conditional discharge of the person under the Crimes (Sentencing Procedure) Act 1999 (NSW), section 10(1)(c); or

a conditional release order under the Crimes (Sentencing Procedure) Act 1999 (NSW);

for the Northern Territory—a community based order under the Sentencing Act 1995 (NT);

for South Australia—a bond entered into by a defendant under the Sentencing Act 2017 (SA), section 96 or 97;

for Tasmania—

a community correction order under the Sentencing Act 1997 (TAS); or

a probation order under the Sentencing Act 1997 (TAS) if made before the commencement of part 5B of that Act;

for Victoria—a community correction order under the Sentencing Act 1991 (VIC);

for Western Australia—a community based order under the Sentencing Act 1995 (WA).

A community service order made under the Penalties and Sentences Act 1992, part 5 is declared to correspond to each of the following interstate sentences—

for the Australian Capital Territory—a good behaviour order under the Crimes (Sentencing) Act 2005 (ACT);

for New South Wales—a community correction order under the Crimes (Sentencing Procedure) Act 1999 (NSW);

for the Northern Territory—a community work order under the Sentencing Act 1995 (NT);

for South Australia—a community service order under the Sentencing Act 2017 (SA), section 105;

for Tasmania—

a community correction order under the Sentencing Act 1997 (TAS); or

a community service order under the Sentencing Act 1997 (TAS) if made before the commencement of part 5B of that Act;

for Victoria—a community correction order under the Sentencing Act 1991 (VIC);

for Western Australia—a community based order under the Sentencing Act 1995 (WA).

An intensive correction order made under the Penalties and Sentences Act 1992, part 6 is declared to correspond to each of the following interstate sentences—

for the Australian Capital Territory—an intensive correction order under the Crimes (Sentencing) Act 2005 (ACT);

for New South Wales—an intensive correction order under the Crimes (Sentencing Procedure) Act 1999 (NSW);

for the Northern Territory—a community custody order under the Sentencing Act 1995 (NT);

for South Australia—an intensive correction order under the Sentencing Act 2017 (SA);

for Western Australia—an intensive supervision order under the Sentencing Act 1995 (WA).

For section 14(2)(b)(i) of the Act, the local authority may have regard to the safety of the following persons—

the victim of the offence to which the interstate sentence relates;

a member of the family of the person mentioned in paragraph (a).

For section 16(3) of the Act, definition required details, the following details are prescribed—

for the offender—

given names and surname; and

date of birth; and

any known aliases; and

the proposed residential address for the offender in Queensland;

for the interstate sentence—

the name and type of the sentence; and

the offence for which the sentence was imposed; and

the date the offence mentioned in subparagraph (ii) was committed; and

the name of the court that imposed the sentence; and

the date the sentence was imposed; and

the date the sentence commences, if different from the date mentioned in subparagraph (v); and

the length of the sentence, including the length of each part of the sentence; and

the date the offender first reported for the sentence in the interstate jurisdiction; and

the period of the sentence that remains to be served in Queensland; and

any conditions to which the sentence is subject; and

details of any previous registration of the sentence in an interstate jurisdiction other than the jurisdiction of the requesting authority.

For schedule 1 of the Act, definition participating jurisdiction, paragraph (b), the following States are prescribed—

the Australian Capital Territory;

New South Wales;

the Northern Territory;

South Australia;

Victoria;

Tasmania;

Western Australia.