Interstate Transfer (Community-based Sentences) Act 2009

An offender who is subject to a community-based sentence may apply to the court that imposed (or is to be taken, under section 18(1), to have imposed) the community-based sentence, to have the sentence reviewed, so as to make the sentence a sentence of a kind that is able to be registered under a corresponding law.

If an application under subsection (1) is made to the Supreme Court, a copy of the application and notification of the time and place of the hearing of the application is to be served, at least 7 days before the hearing, on – the Director of Public Prosecutions; and the Director, Community Corrections.

If an application under subsection (1) is made to a court of petty sessions, a copy of the application and notification of the time and place of the hearing of the application is to be served, at least 7 days before the hearing, on – the Commissioner of Police; and the Director, Community Corrections.

Subject to subsection (5), at the hearing of an application under subsection (1), the court may – vary the community-based sentence; or cancel the sentence and deal with the offender for the offence or offences in respect of which it was made in any manner in which the court could deal with the offender had it just found the offender guilty of that offence or those offences.

The court must not vary the sentence, or deal with the offender in any manner, except in so far as the variation or dealing is necessary to make the sentence a sentence of a kind that is able to be registered under a corresponding law.

At the hearing of the application, the court may refuse to vary or cancel the sentence.

If an application under subsection (1) is made in relation to a sentence that is a community service order within the meaning of the Sentencing Act 1997, any variation or cancellation of the sentence under this section is to be taken to have been made under section 35 of the Sentencing Act 1997.

If an application under subsection (1) is made in relation to a sentence that is a community correction order within the meaning of the Sentencing Act 1997, any variation or cancellation of the sentence under this section is to be taken to have been made under section 42AU of the Sentencing Act 1997.

If an application under subsection (1) is made in relation to a sentence that is a probation order within the meaning of the Sentencing Act 1997, any variation or cancellation of the sentence under this section is to be taken to have been made under section 41 of the Sentencing Act 1997.