Australian Capital Territory
Community Based Sentences (Transfer) Act 2003     No 5
Republication No 1
Effective:  3 September 2003 - 1 June 2006
Republication date: 3 September 2003
Act not amended up to this date

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Community Based Sentences (Transfer) Act 2003 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 3 September 2003.  It also includes any amendment, repeal or expiry affecting the republished law.  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date is—
	(a)	if the person charged is an individual—$100; or
	(b)	if the person charged is a corporation—$500.

Australian Capital Territory
Community Based Sentences (Transfer) Act 2003

Contents
	Page
Part 1	Preliminary
	1	Name of Act	2
	3	Purpose of Act	2
	4	Application of Act	2
	5	Dictionary	3
	6	Notes	3
Part 2	Key concepts for Act
	7	What is a community based sentence	4
	8	Jurisdictions and participating jurisdictions	5
	9	Local and interstate sentences	5
	10	What is a corresponding law	5
	11	Local authority and interstate authorities	6
Part 3	Administration
	12	Appointment of local authority	7
	13	Delegation by local authority	7
	14	Local register	7
Part 4	Registration of interstate sentences in this jurisdiction
	15	Request for transfer of interstate sentence	8
	16	Form of request for registration	8
	17	Request for additional information	10
	18	Withdrawal of offender’s consent	10
	19	Registration criteria	10
	20	Decision on request	11
	21	Preconditions for registration	12
	22	How interstate sentence registered	13
	23	Notice of registration	13
	24	Effect of registration generally	13
Part 5	Registration of local sentences in interstate jurisdictions
	25	Request for transfer of local sentence	16
	26	Response to request for additional information	16
	27	Effect of interstate registration	16
Part 6	Miscellaneous
	28	Inaccurate information about local sentence registered interstate	18
	29	Dispute about accuracy of information in interstate register	18
	30	Evidence of registration and registered particulars	19
	31	Regulation-making power	20
Dictionary		21
Endnotes
	1	About the endnotes	23
	2	Abbreviation key	23
	3	Legislation history	24
	4	Amendment history	24

Australian Capital Territory
Community Based Sentences (Transfer) Act 2003

An Act relating to the interstate transfer of community based sentences, and for related purposes

    

Part 1	Preliminary
1	Name of Act
This Act is the Community Based Sentences (Transfer) Act 2003.
3	Purpose of Act
The purpose of this Act is to allow community based sentences imposed in participating jurisdictions to be transferred, by registration, between participating jurisdictions.
4	Application of Act
	(1)	This Act applies only to sentences imposed by courts on adults convicted or found guilty of offences.
	(2)	This Act does not apply to—
	(a)	a parole order; or
	(b)	a sentence to the extent that it imposes a fine or other financial penalty (however described); or
	(c)	a sentence to the extent that it requires the making of reparation (however described).
	(3)	In this section:
parole order—see the Parole Orders (Transfer) Act 1983, section 3.
5	Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1	The dictionary at the end of this Act defines certain words and expressions used in this Act, and includes references (signpost definitions) to other words and expressions defined elsewhere in this Act.
	For example, the signpost definition ‘community based sentence—see section 7.’ means that the expression ‘community based sentence’ is defined in that section.
Note 2	A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
6	Notes
A note included in this Act is explanatory and is not part of this Act.
Note	See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Part 2	Key concepts for Act
7	What is a community based sentence
	(1)	A community based sentence is—
	(a)	for this jurisdiction—any of the following:
	(i)	a community service order under the Crimes Act 1900, part 19 (Community service orders);
	(ii)	a home detention order under the Rehabilitation of Offenders (Interim) Act 2001, section 6 (Imprisonment by way of home detention) and the sentence of imprisonment (or the part of the sentence of imprisonment) in relation to which the order is made;
	(iii)	an order under the Crimes Act 1900, section 402 (1) (Conditional release of offenders without proceeding to conviction) or section 403 (1) (Conditional release of offenders); 
	(iv)	a periodic detention order under the Periodic Detention Act 1995;
	(v)	a sentence declared under the regulations to be a community based sentence; and
	(b)	for an interstate jurisdiction—a sentence that is a community based sentence under the corresponding law of the jurisdiction.
	(2)	For subsection (1) (a) (ii), the home detention order, and the sentence of imprisonment (or the part of the sentence of imprisonment) imposed in relation to it, are taken to be a single community based sentence.
8	Jurisdictions and participating jurisdictions
	(1)	A jurisdiction is a State or the Australian Capital Territory.
Note	State is defined in the Legislation Act, dict, pt 1 to include the Northern Territory.
	(2)	This jurisdiction is this Territory.
	(3)	A participating jurisdiction is this jurisdiction or a State declared under the regulations to be a participating jurisdiction.
	(4)	An interstate jurisdiction is a participating jurisdiction other than this jurisdiction.
9	Local and interstate sentences
	(1)	A local sentence is a community based sentence in force in this jurisdiction.
Note	For the effect of interstate registration of a local sentence, see s 27.
	(2)	An interstate sentence is a community based sentence in force in an interstate jurisdiction.
Note	For the effect of registration in this jurisdiction of an interstate sentence, see s 24.
10	What is a corresponding law
A corresponding law is—
	(a)	a law of an interstate jurisdiction corresponding, or substantially corresponding, to this Act; or
	(b)	a law of an interstate jurisdiction that is declared under the regulations to be a corresponding law, whether or not the law corresponds, or substantially corresponds, to this Act.
11	Local authority and interstate authorities 
	(1)	The local authority is the person appointed under section 12 as the local authority for this jurisdiction.
	(2)	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.

Part 3	Administration
12	Appointment of local authority
The chief executive may appoint a public servant to be the local authority for this jurisdiction.
Note 1	For the making of appointments (including acting appointments), see Legislation Act, div 19.3.  
Note 2	A power to appoint a person to a position includes power to appoint a person to act in the position (see Legislation Act, s 209).
13	Delegation by local authority
The local authority may delegate the authority’s functions under this Act to another public servant.
Note	For the making of delegations and the exercise of delegated functions, see Legislation Act, pt 19.4.
14	Local register
	(1)	The local authority must keep a register (the local register) of interstate sentences registered under this Act.
	(2)	The local authority may correct a mistake or omission in the local register.

Part 4	Registration of interstate sentences in this jurisdiction
15	Request for transfer of interstate sentence
The local authority may register an interstate sentence in this jurisdiction at the request of the interstate authority for the interstate jurisdiction in which the sentence is in force.
16	Form of request for registration
	(1)	The local authority must consider the request if the request—
	(a)	is in writing; and
	(b)	states the following particulars:
	(i)	the offender’s name;
	(ii)	the offender’s date of birth;
	(iii)	the offender’s last-known address;
	(iv)	any other particulars required by the local authority; and
	(c)	is accompanied by the documents mentioned in subsection (2).
	(2)	The documents to accompany the request are as follows:
	(a)	a copy of the interstate sentence certified by the interstate authority;
	(b)	a copy of the offender’s consent for the registration of the sentence in this jurisdiction;
	(c)	a copy of any relevant pre-sentence report about the offender held by the interstate jurisdiction in relation to any offence committed by the offender for which the offender is subject to a sentence; 
	(d)	a copy of any relevant psychological or other assessment of the offender held by the interstate authority; 
	(e)	details held by the interstate jurisdiction of—
	(i)	the offender’s criminal record (whether in or outside Australia); and
	(ii)	the offender’s compliance with the interstate sentence and any other relevant non-custodial sentence; 
	(f)	a statement by the interstate authority explaining what part of the sentence has been served in the interstate jurisdiction or any other interstate jurisdiction before the making of the request; 
	(g)	a statement by the interstate authority that the authority has explained to the offender, in language likely to be readily understood by the offender, that, if the sentence is registered in this jurisdiction—
	(i)	the offender will be bound by the requirements of the law of this jurisdiction in relation to the sentence; and
	(ii)	a breach of the sentence may result in the offender being resentenced in this jurisdiction for the offence; and
	(iii)	the other consequences for a breach of the sentence in this jurisdiction may be different from the consequences for a breach of the sentence in the interstate jurisdiction, and, in particular, the penalties for breach of the sentence may be different;
	(h)	any other document required by the local authority.
	(3)	For subsection (2) (c), the offender is subject to a sentence if the sentence has not been fully served and has not been discharged.
	(4)	In considering the request, the local authority may take into account any other information or other documents given to the local authority by the interstate authority.
17	Request for additional information 
The local authority may ask the interstate authority for additional information about the interstate sentence or the offender.
18	Withdrawal of offender’s consent
The offender may withdraw consent to the registration of the interstate sentence at any time before (but not after) its registration by giving written notice to the local authority.
19	Registration criteria
	(1)	The registration criteria are that—
	(a)	the offender has consented to the sentence being registered in this jurisdiction and has not withdrawn the consent; and
	(b)	there is a corresponding community based sentence under the law of this jurisdiction; and
	(c)	the offender can comply with the sentence in this jurisdiction; and
	(d)	the sentence can be safely, efficiently and effectively administered in this jurisdiction.
	(2)	For this section, there is a corresponding community based sentence under the law of this jurisdiction for the interstate sentence if—
	(a)	a community based sentence under the law of this jurisdiction corresponds, or substantially corresponds, to the interstate sentence; or
	(b)	a community based sentence under the law of this jurisdiction is declared under the regulations to correspond to the interstate sentence, whether or not the sentence corresponds, or substantially corresponds, to the interstate sentence.
20	Decision on request
	(1)	The local authority may decide—
	(a)	to register the interstate sentence; or
	(b)	to register the sentence if the offender meets preconditions imposed under section 21 (Preconditions for registration); or
	(c)	not to register the sentence.
	(2)	In deciding whether to register the interstate sentence, the local authority must have regard to the registration criteria, but may have regard to any other relevant matter.
	(3)	The local authority—
	(a)	may decide not to register the interstate sentence even if satisfied the registration criteria are met; but
	(b)	must not decide to register the interstate sentence (with or without preconditions) unless satisfied that the registration criteria are met.
	(4)	The local authority may decide whether to register the interstate sentence, or to impose any preconditions, on the information and documents given to the authority under this part, and any other information or documents available to the authority, without hearing the offender.
	(5)	To remove any doubt, the local authority may decide to register the interstate sentence even if—
	(a)	the interstate jurisdiction is not the originating jurisdiction for the sentence; or
	(b)	the sentence has previously been registered in this jurisdiction or this jurisdiction is the originating jurisdiction for the sentence; or
	(c)	the authority has previously decided not to register the sentence in this jurisdiction.
Note	For the effect of registration in this jurisdiction of an interstate sentence, see s 24.
	(6)	If the local authority decides not to register the interstate sentence, the authority must give written notice of the decision to the offender and the interstate authority.
21	Preconditions for registration
	(1)	The local authority may impose preconditions for the registration of the interstate sentence that the offender must meet to show that the offender can comply, and is willing to comply, with the sentence in this jurisdiction.
Examples of preconditions
1	the offender must satisfy the local authority before a stated time that the offender is living in this jurisdiction
2	the offender must report to a stated person in this jurisdiction at a stated time and place (or another time and place agreed between the local authority and the offender)
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(2)	If the local authority decides to impose preconditions, the local authority must give written notice of the decision and the preconditions to the offender and the interstate authority.
	(3)	The local authority may, by written notice to the offender and the interstate authority, amend or revoke any precondition.
22	How interstate sentence registered
	(1)	If the local authority decides to register the interstate sentence in this jurisdiction without imposing preconditions for the registration of the sentence, the local authority must register the sentence by entering the required details in the local register.
	(2)	If the local authority decides to impose preconditions for the registration of the interstate sentence, the local authority must register the sentence by entering the required details in the local register only if the authority is satisfied that the preconditions have been met.
	(3)	In this section:
required details means the details of the offender and the interstate sentence prescribed under the regulations.
23	Notice of registration
	(1)	If the local authority registers the interstate sentence in this jurisdiction, the local authority must give written notice of the registration to the offender and the interstate authority.
	(2)	The notice must state the date the sentence was registered.
24	Effect of registration generally
	(1)	If the interstate sentence is registered in this jurisdiction, the following provisions apply:
	(a)	the sentence becomes a community based sentence in force in this jurisdiction, and ceases to be a community based sentence in force in the interstate jurisdiction;
	(b)	the sentence is taken to have been validly imposed by the appropriate court of this jurisdiction;
	(c)	the sentence continues to apply to the offender in accordance with its terms despite anything to the contrary under the law of this jurisdiction;
	(d)	the offence (the relevant offence) for which the sentence was imposed on the offender is taken to be an offence against the law of this jurisdiction, and not an offence against the law of the originating jurisdiction;
	(e)	the penalty for the relevant offence is taken to be the relevant penalty for the offence under the law of the originating jurisdiction, and not the penalty for an offence of that kind (if any) under the law of this jurisdiction;
	(f)	any part of the sentence served in an interstate jurisdiction before its registration is taken to have been served in this jurisdiction;
	(g)	the offender may be dealt with in this jurisdiction for a breach of the sentence, whether the breach happened before, or happens after, the registration of the sentence;
	(h)	the law of this jurisdiction applies to the sentence and any breach of it with the changes (if any) prescribed under the regulations.
	(2)	Subsection (1) (d) and (e) do not apply if this jurisdiction is the originating jurisdiction.
	(3)	This section does not affect any right, in the originating jurisdiction, of appeal or review (however described) in relation to—
	(a)	the conviction or finding of guilty on which the interstate sentence was based; or
	(b)	the imposition of the interstate sentence.
	(4)	Any sentence or decision imposed or made on an appeal or review mentioned in subsection (3) has effect in this jurisdiction as if it were validly imposed or made on an appeal or review in this jurisdiction.
	(5)	This section does not give any right to the offender to an appeal or review (however described) in this jurisdiction in relation to the conviction, finding of guilty or imposition of sentence mentioned in subsection (3).
	(6)	In this section:
appropriate court, of this jurisdiction, means—
	(a)	if the interstate sentence was imposed by a court of summary jurisdiction or by a court on appeal from a court of summary jurisdiction—the Magistrates Court; and
	(b)	in any other case—the Supreme Court.

Part 5	Registration of local sentences in interstate jurisdictions
25	Request for transfer of local sentence
The local authority may request the interstate authority for an interstate jurisdiction to register a local sentence in the interstate jurisdiction.
26	Response to request for additional information
The local authority may, at the request of the interstate authority or on its own initiative, give the interstate authority any additional information about the local sentence or the offender.
27	Effect of interstate registration 
	(1)	If the local sentence is registered in the interstate jurisdiction, the following provisions have effect:
	(a)	the sentence becomes a community based sentence in force in the interstate jurisdiction, and ceases to be a community based sentence in force in this jurisdiction;
	(b)	the offender may be dealt with in the interstate jurisdiction for a breach of the sentence, whether the breach happened before, or happens after, the registration of the sentence;
	(c)	if the sentence is registered in the local register—the sentence ceases to be registered.
	(2)	If this jurisdiction is the originating jurisdiction for the local sentence, this section does not affect any right of appeal or review (however described) in relation to—
	(a)	the conviction or finding of guilty on which the sentence was based; or
	(b)	the imposition of the sentence.
	(3)	To remove any doubt, this section does not prevent the local sentence from later being registered in this jurisdiction.

Part 6	Miscellaneous
28	Inaccurate information about local sentence registered interstate
	(1)	This section applies if—
	(a)	a community based sentence that was a local sentence is registered in an interstate jurisdiction; and
	(b)	the local authority becomes aware that information about the sentence or the offender recorded in the register kept under the corresponding law of the interstate jurisdiction (the interstate register) is not, or is no longer, accurate.
	(2)	The local authority must tell the interstate authority for the interstate jurisdiction how the information in the interstate register needs to be changed to be accurate.
	(3)	Without limiting subsection (2), the local authority must tell the interstate authority about—
	(a)	any part of the sentence served in this jurisdiction between the making of the request to register the sentence in the interstate jurisdiction and its registration in the interstate jurisdiction; or
	(b)	the outcome of any appeal or review in this jurisdiction affecting the sentence.
29	Dispute about accuracy of information in interstate register
	(1)	This section applies if—
	(a)	a community based sentence that was a local sentence is registered in an interstate jurisdiction; and
	(b)	the offender claims, in writing, to the interstate authority for the interstate jurisdiction that the information recorded about the sentence or the offender in the register kept under the corresponding law of the interstate jurisdiction (the interstate register) is not, or is no longer, accurate, and states in the claim how the information is inaccurate.
	(2)	The interstate authority may send the local authority—
	(a)	a copy of the claim; and
	(b)	an extract from the interstate register containing the information that the offender claims is inaccurate.
	(3)	The local authority must check whether the information in the extract is accurate, having regard to the offender’s claims.
	(4)	If the local authority is satisfied that the information is accurate, the local authority must tell the interstate authority.
	(5)	If the local authority is satisfied that the information is inaccurate, the local authority must give the interstate authority the correct information.
30	Evidence of registration and registered particulars
	(1)	A certificate that appears to be signed by or on behalf of the local authority or the interstate authority for an interstate jurisdiction, and states a matter that appears in or can be worked out from the register kept under this Act or a corresponding law, is evidence of the matter.
	(2)	A certificate under subsection (1) may state a matter by reference to a date or period.
	(3)	A certificate that appears to be signed by or on behalf of the local authority or the interstate authority for an interstate jurisdiction, and states any matter prescribed under the regulations, is evidence of the matter.
	(4)	A certificate that appears to be signed by or on behalf of the local authority or the interstate authority for an interstate jurisdiction and states any of the following details is evidence of the matter:
	(a)	details of a community based sentence or the offender in relation to a community based sentence;
	(b)	details of any part of a community based sentence that has or has not been served.
	(5)	A court must accept a certificate mentioned in this section as proof of the matters stated in it if there is no evidence to the contrary.
	(6)	A court must or may admit into evidence other documents prescribed under the regulations in the circumstances prescribed under the regulations.
31	Regulation-making power
The Executive may make regulations for this Act.
Note	Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act.

Dictionary
(see s 5)
Note 1	The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2	In particular, the Legislation Act, dict, pt 1, defines the following terms: 
·	adult
·	breach
·	change
·	chief executive
·	contravene
·	entity
·	found guilty
·	function
·	public servant
·	regulations
·	State.
community based sentence—see section 7.
corresponding law—see section 10.
interstate authority—see section 11 (2).
interstate jurisdiction—see section 8 (4).
interstate sentence—see section 9 (2).
jurisdiction—see section 8 (1).
local authority—see section 11 (1).
local register—see section 14.
local sentence—see 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—see section 8 (3).
registration criteria, for part 4 (Registration of interstate sentences in this jurisdiction)—see section 19.
sentence means an order, decision or other sentence (however described), and includes part of a sentence.
serve a sentence includes—
	(a)	comply with or satisfy the sentence; or
	(b)	do anything else in accordance with the sentence.
this jurisdiction—see section 8 (2).

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
If the republished law includes penalties, current information about penalty unit values appears on the republication inside front cover.
2	Abbreviation key

am = amended	ord = ordinance	
amdt = amendment	orig = original	
ch = chapter	p = page	
cl = clause	par = paragraph	
def = definition	pres = present	
dict = dictionary	prev = previous	
disallowed = disallowed by the Legislative 	(prev...) = previously	
Assembly	prov = provision	
div = division	pt = part	
exp = expires/expired	r = rule/subrule	
Gaz = Gazette	reg = regulation/subregulation	
hdg = heading	renum = renumbered	
IA = Interpretation Act 1967	reloc = relocated	
ins = inserted/added	R[X] = Republication No	
LA = Legislation Act 2001	RI = reissue	
LR = legislation register	s = section/subsection	
LRA = Legislation (Republication) Act 1996	sch = schedule	
mod = modified / modification	sdiv = subdivision	
No = number	sub = substituted	
num = numbered	SL = Subordinate Law	
o = order	underlining = whole or part not commenced	
om = omitted/repealed	or to be expired	
3	Legislation history
Community Based Sentences (Transfer) Act 2003 A2003-5
notified LR 3 March 2003
s 1, s 2 commenced 3 March 2003 (LA s 75 (1))
remainder commenced 3 September 2003 (s 2 and LA s 79)
4	Amendment history
Commencement
s 2	om LA s 89 (4)

©  Australian Capital Territory 2003