Cross-border Justice Regulations 2009

This section applies if an offender —

is convicted of one or more offences in a cross‑border proceeding of a prescribed court of the State; and

the court makes a non‑custodial order for one or more of those offences under which the offender is required to do work.

If, at the time of conviction, the offender is doing or yet to do work under one or more non‑custodial orders of another participating jurisdiction (the interstate orders ^1M), the hours of work done under the interstate orders count as hours of work done under each of the non‑custodial orders referred to in subsection (1)(b) (the State orders ^1M) unless the court specifies differently under subsection (3).

The court may specify the number of hours of work to be done under one or more of the State orders that are additional to any hours the offender has to do under the interstate orders.

For the purposes of subsection (3), an offender cannot do the additional hours of work under a State order until the offender has done the hours of work under the interstate orders or the interstate orders have ceased to be in force, whichever is earlier.

To avoid doubt, section 74(5) applies in relation to work done under non‑custodial orders of the State and does not apply in relation to work done under non‑custodial orders of another participating jurisdiction.