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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Crimes (Interstate Transfer of
Community Based Sentences) Bill
2004
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Purpose of Act 2
4 Application of Act 2
5 Definitions 2
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 Interstate authorities 6
Crimes (Interstate Transfer of Community Based Sentences) Bill 2004
Contents
Page
Part 3 Administration
12 Commissioner of Corrective Services is 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 9
18 Withdrawal of offender's consent 9
19 Registration criteria 10
20 Decision on request 10
21 Preconditions for registration 11
22 How interstate sentence registered 12
23 Notice of registration 12
24 Effect of registration generally 12
Part 5 Registration of local sentences in interstate
jurisdictions
25 Request for transfer of local sentence 14
26 Response to request for additional information 14
27 Effect of interstate registration 14
Part 6 Miscellaneous
28 Inaccurate information about local sentence registered
interstate 15
29 Dispute about accuracy of information in interstate register 15
30 Evidence of registration and registered particulars 16
31 Regulations 17
32 Savings, transitional and other provisions 17
33 Review of Act 17
Schedule 1 Savings, transitional and other provisions 18
Contents page 2
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2004
New South Wales
Crimes (Interstate Transfer of
Community Based Sentences) Bill
2004
Act No , 2004
An Act relating to the interstate transfer of community based sentences; and for
other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Crimes (Interstate Transfer of Community Based Sentences) Bill 2004
Part 1 Preliminary
The Legislature of New South Wales enacts:
Part 1 Preliminary
1 Name of Act
This Act is the Crimes (Interstate Transfer of Community Based
Sentences) Act 2004.
2 Commencement
This Act commences on a day or days to be appointed by
proclamation.
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).
5 Definitions
In this Act:
community based sentence--see section 7.
corresponding law--see section 10.
Department means the Department of Corrective Services.
interstate authority--see section 11.
interstate jurisdiction--see section 8 (4).
interstate sentence--see section 9 (2).
Page 2
Crimes (Interstate Transfer of Community Based Sentences) Bill 2004 Clause 6
Preliminary Part 1
jurisdiction--see section 8 (1).
local authority--see section 12.
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.
parole order means an order in force under:
(a) section 50 of the Crimes (Sentencing Procedure) Act 1999, or
(b) section 138, 141, 149, 150, 154A, 159 or 160 of the Crimes
(Administration of Sentences) Act 1999.
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).
Note. Expressions used in this Act (or in a particular provision of this Act) that
are defined in the Interpretation Act 1987 have the meanings set out in that Act.
6 Notes
Notes included in this Act do not form part of this Act.
Page 3
Clause 7 Crimes (Interstate Transfer of Community Based Sentences) Bill 2004
Part 2 Key concepts for Act
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 periodic detention order under section 6 of the Crimes
(Sentencing Procedure) Act 1999 and the sentence of
imprisonment in relation to which the order is made,
(ii) a home detention order under section 7 of the Crimes
(Sentencing Procedure) Act 1999 and the sentence of
imprisonment in relation to which the order is made,
(iii) a home detention order under section 165 of the Crimes
(Administration of Sentences) Act 1999 and the
remainder of the term of the sentence in relation to
which the order is made,
(iv) a community service order under section 8 of the
Crimes (Sentencing Procedure) Act 1999,
(v) a good behaviour bond entered into under section 9 (1)
of the Crimes (Sentencing Procedure) Act 1999,
(vi) a good behaviour bond entered into under section 10 (1)
(b) of the Crimes (Sentencing Procedure) Act 1999,
(vii) an order under section 12 (1) of the Crimes (Sentencing
Procedure) Act 1999 suspending a sentence, a good
behaviour bond entered into in accordance with the
order and the sentence of imprisonment imposed in
relation to the order,
(viii) a sentence declared by 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 the purposes of subsection (1) (a), the following are taken to be
a single community based sentence:
(a) a periodic detention order under section 6 of the Crimes
(Sentencing Procedure) Act 1999 and the sentence of
imprisonment in relation to which the order is made,
(b) a home detention order under section 7 of the Crimes
(Sentencing Procedure) Act 1999 and the sentence of
imprisonment in relation to which the order is made,
Page 4
Crimes (Interstate Transfer of Community Based Sentences) Bill 2004 Clause 8
Key concepts for Act Part 2
(c) a home detention order under section 165 of the Crimes
(Administration of Sentences) Act 1999 and the remainder of
the term of the sentence in relation to which the order is made,
(d) an order under section 12 (1) of the Crimes (Sentencing
Procedure) Act 1999, a good behaviour bond entered into in
accordance with the order and the sentence of imprisonment
imposed in relation to the order.
8 Jurisdictions and participating jurisdictions
(1) A jurisdiction means a State or Territory of the Commonwealth.
(2) This jurisdiction means New South Wales.
(3) A participating jurisdiction is this jurisdiction or a State or
Territory of the Commonwealth declared by 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 section 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 section 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 by the
regulations to be a corresponding law, whether or not the law
corresponds, or substantially corresponds, to this Act.
Page 5
Clause 11 Crimes (Interstate Transfer of Community Based Sentences) Bill 2004
Part 2 Key concepts for Act
11 Interstate authorities
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. The local authority for New South Wales is the Commissioner of
Corrective Services, see section 12.
Page 6
Crimes (Interstate Transfer of Community Based Sentences) Bill 2004 Clause 12
Administration Part 3
Part 3 Administration
12 Commissioner of Corrective Services is local authority
The local authority for this jurisdiction is the Commissioner of
Corrective Services.
13 Delegation by local authority
The local authority may delegate the exercise of any of the
authority's functions under this Act to another member of staff of
the Department (other than this power of delegation).
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.
Page 7
Clause 15 Crimes (Interstate Transfer of Community Based Sentences) Bill 2004
Part 4 Registration of interstate sentences in this jurisdiction
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,
Page 8
Crimes (Interstate Transfer of Community Based Sentences) Bill 2004 Clause 17
Registration of interstate sentences in this jurisdiction Part 4
(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) a statement by the interstate authority that sets out the reasons
given by the offender for requesting to register the interstate
sentence in this jurisdiction,
(i) any other document required by the local authority.
(3) For the purposes of 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.
Page 9
Clause 19 Crimes (Interstate Transfer of Community Based Sentences) Bill 2004
Part 4 Registration of interstate sentences in this jurisdiction
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) In 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 by 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 matter prescribed by the regulations and 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.
Page 10
Crimes (Interstate Transfer of Community Based Sentences) Bill 2004 Clause 21
Registration of interstate sentences in this jurisdiction Part 4
(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 section 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.
(2) Without limiting subsection (1), the local authority may impose
preconditions of the following kind:
(a) that the offender must satisfy the local authority before a
stated time that the offender is living in this jurisdiction,
(b) that 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).
(3) 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.
(4) The local authority may, by written notice to the offender and the
interstate authority, amend or revoke any precondition.
Page 11
Clause 22 Crimes (Interstate Transfer of Community Based Sentences) Bill 2004
Part 4 Registration of interstate sentences in this jurisdiction
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 by 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,
Page 12
Crimes (Interstate Transfer of Community Based Sentences) Bill 2004 Clause 24
Registration of interstate sentences in this jurisdiction Part 4
(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 by 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 guilt 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 guilt 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--a Local Court, and
(b) in any other case--the Supreme Court.
Page 13
Clause 25 Crimes (Interstate Transfer of Community Based Sentences) Bill 2004
Part 5 Registration of local sentences in interstate jurisdictions
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 guilt 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.
Page 14
Crimes (Interstate Transfer of Community Based Sentences) Bill 2004 Clause 28
Miscellaneous Part 6
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.
Page 15
Clause 30 Crimes (Interstate Transfer of Community Based Sentences) Bill 2004
Part 6 Miscellaneous
(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 by 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 by the regulations in the circumstances prescribed by the
regulations.
Page 16
Crimes (Interstate Transfer of Community Based Sentences) Bill 2004 Clause 31
Miscellaneous Part 6
31 Regulations
The Governor may make regulations, not inconsistent with this Act,
for or with respect to any matter that by this Act is required or
permitted to be prescribed or that is necessary or convenient to be
prescribed for carrying out or giving effect to this Act.
32 Savings, transitional and other provisions
Schedule 1 has effect.
33 Review of Act
(1) The Minister is to review this Act to determine whether the policy
objectives of the Act remain valid and whether the terms of the Act
remain appropriate for securing those objectives.
(2) The review is to be undertaken as soon as possible after the period
of 5 years from the date of assent to this Act.
(3) A report on the outcome of the review is to be tabled in each House
of Parliament within 12 months after the end of the period of
5 years.
Page 17
Crimes (Interstate Transfer of Community Based Sentences) Bill 2004
Schedule 1 Savings, transitional and other provisions
Schedule 1 Savings, transitional and other provisions
(Section 32)
Part 1 General
1 Regulations
(1) The regulations may contain provisions of a savings or transitional
nature consequent on the enactment of the following Acts:
this Act
(2) Any such provision may, if the regulations so provide, take effect
from the date of assent to the Act concerned or a later date.
(3) To the extent to which any such provision takes effect from a date
that is earlier than the date of its publication in the Gazette, the
provision does not operate so as:
(a) to affect, in a manner prejudicial to any person (other than the
State or an authority of the State), the rights of that person
existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an
authority of the State) in respect of anything done or omitted
to be done before the date of its publication.
Page 18
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