1Short title
This is the Sentence Administration (Interstate Transfer of Community Based Sentences) Act 2009.
Parliamentary material from the official source. Links open the official source in a new tab.
Bill homepageThis is the Sentence Administration (Interstate Transfer of Community Based Sentences) Act 2009.
This Act comes into operation as follows —
sections 1 and 2 — on the day on which this Act receives the Royal Assent;
the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions.
The purpose of this Act is to allow community based sentences imposed in participating jurisdictions to be transferred, by registration, between participating jurisdictions.
This Act applies only to community based sentences imposed by courts on adults, or persons to which the Young Offenders Act 1994 section 50A applies, convicted or found guilty of offences.
This Act does not apply to —
a parole order; or
a sentence to the extent that it imposes a fine or other financial penalty (however described); or
a sentence to the extent that it requires the making of reparation (however described).
In this Act, unless the contrary intention appears —
community based sentence has the meaning given in section 7;
corresponding law has the meaning given in section 10;
Department means the department principally assisting the Minister in the administration of this Act;
interstate authority has the meaning given in section 11;
interstate jurisdiction has the meaning given in section 8(4);
interstate sentence has the meaning given in section 9(2);
jurisdiction has the meaning given in section 8(1);
local authority has the meaning given in section 12;
local register has the meaning given in section 14;
local sentence has the meaning given in section 9(1);
offender, in relation to a community based sentence, means the person on whom the sentence was imposed;
originating jurisdiction, for a community based sentence, means the jurisdiction where the sentence was originally imposed;
participating jurisdiction has the meaning given in section 8(3);
sentence means an order, decision or other sentence (however described), and includes part of a sentence;
serve a sentence, includes —
to comply with or satisfy the sentence; or
to do anything else in accordance with the sentence;
this jurisdiction has the meaning given in section 8(2).
Notes included in this Act do not form part of this Act.
A community based sentence is —
for this jurisdiction, any of the following —
a community based order made under the Sentencing Act 1995 Part 9;
an intensive supervision order made under the Sentencing Act 1995 Part 10;
a conditional suspended imprisonment order made under the Sentencing Act 1995 Part 12 Division 1;
for an interstate jurisdiction — a sentence that is a community based sentence under the corresponding law of the jurisdiction.
A jurisdiction means a State or Territory of the Commonwealth.
This jurisdiction means Western Australia.
A participating jurisdiction is this jurisdiction or a State or a Territory declared by the regulations to be a participating jurisdiction.
An interstate jurisdiction is a participating jurisdiction other than this jurisdiction.
A local sentence is a community based sentence in force in this jurisdiction.
Note for this subsection:
For the effect of interstate registration of a local sentence, see section 27.
An interstate sentence is a community based sentence in force in an interstate jurisdiction.
Note for this subsection:
For the effect of registration in this jurisdiction of an interstate sentence, see section 24.
A corresponding law is —
a law of an interstate jurisdiction corresponding, or substantially corresponding, to this Act; or
a law of an interstate jurisdiction that is declared by the regulations to be a corresponding law, whether or not the law corresponds, or substantially corresponds, to this Act.
The interstate authority for an interstate jurisdiction is the entity that is the local authority for the jurisdiction under the corresponding law of the jurisdiction.
Note for this definition:
The local authority for Western Australia is the chief executive officer of the Department, see section 12.
The local authority for this jurisdiction is the chief executive officer of the Department.
Showing the first 12 of 40 provisions. See all provisions