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).