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TASMANIA
__________
INTERSTATE TRANSFER (COMMUNITY-BASED
SENTENCES) BILL 2009
__________
CONTENTS
PART 1 PRELIMINARY
1. Short title
2. Commencement
3. Interpretation
4. Application
PART 2 ADMINISTRATION
5. Register
6. Transfer criteria and information in relation to decisions
PART 3 TRANSFER OF COMMUNITY-BASED SENTENCES FROM
TASMANIA TO ANOTHER STATE OR A TERRITORY
7. Offender may apply to transfer sentence to another State or a
Territory
8. Minister may request that sentence be registered in another State
or a Territory
9. Minister may provide additional information to corresponding
authority
10. Acceptance of transfer by corresponding authority subject to
conditions
11. Withdrawal of request to transfer
12. Effect of registration in another State or a Territory
[Bill 6]-XI
13. Record to be made in register of transfer of sentence to another
State or a Territory
PART 4 TRANSFER TO TASMANIA OF COMMUNITY-BASED
SENTENCES OF ANOTHER STATE OR A TERRITORY
14. Requests from interstate for registration of sentences in this State
15. Minister may agree to register interstate community-based
sentences
16. Offender may withdraw request for registration
17. Registration of sentence
18. Effect of registration under this Part
PART 5 CORRECTION OF INFORMATION IN REGISTERS
19. Amendment of registration in another State or a Territory
20. Amendment of registration and records
21. Dispute about accuracy of information
PART 6 MISCELLANEOUS
22. Application to court to alter sentence to enable registration in
another State or a Territory
23. Delegation
24. Evidence
25. Regulations
26. Administration of Act
2
INTERSTATE TRANSFER (COMMUNITY-BASED
SENTENCES) BILL 2009
(Brought in by the Minister for Corrections and Consumer
Protection, the Honourable Lisa Maria Singh)
A BILL FOR
An Act relating to the transfer, between Tasmania and
other States or Territories, of the enforcement of
community-based sentences and for related purposes
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 PRELIMINARY
1. Short title
This Act may be cited as the Interstate Transfer
(Community-based Sentences) Act 2009.
2. Commencement
This Act commences on a day to be proclaimed.
3. Interpretation
(1) In this Act, unless the contrary intention
appears
"community-based sentence" means
[Bill 6] 3
Interstate Transfer (Community-based Sentences) Act 2009
Act No. of
s. 3 Part 1 Preliminary
(a) a community service order within
the meaning of the Sentencing
Act 1997; or
(b) a probation order within the
meaning of the Sentencing Act
1997; or
(c) a sentence, imposed by a court of
this State, another State or a
Territory, that is a member of a
class of sentences prescribed by
regulations made under this Act;
or
(d) a sentence, imposed by a court of
another State or a Territory, that
corresponds, or substantially
corresponds, to
(i) an order referred to in
paragraph (a) or (b); or
(ii) a sentence of a class
prescribed by regulations
made for the purposes of
paragraph (c);
"corresponding authority" means a person
or body with powers, under a
corresponding law of another State or a
Territory, that correspond, or
substantially correspond, to those of the
Minister under Parts 3 and 4;
"corresponding law" means a law, of another
State or a Territory, that
4
Interstate Transfer (Community-based Sentences) Act 2009
Act No. of
Part 1 Preliminary s. 3
(a) corresponds, or substantially
corresponds, to this Act; or
(b) is declared to be a corresponding
law under subsection (2);
"Director, Community Corrections" means
the person appointed under the State
Service Act 2000 to manage probation
officers working on community
corrections programs under section 88 of
the Corrections Act 1997;
"offender", in relation to a community-based
sentence, means the person on whom the
sentence was imposed;
"register" means the register established
under section 5;
"Registrar" means the Administrator of the
Magistrates Court, within the meaning of
that expression in the Magistrates Court
Act 1987;
"sentence" means an order, decision or other
sentence (however described) and
includes part of a sentence;
"serve", in relation to a sentence, includes
(a) to comply with or satisfy the
sentence; and
(b) to do anything else in accordance
with the sentence;
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Interstate Transfer (Community-based Sentences) Act 2009
Act No. of
s. 4 Part 1 Preliminary
"transfer criteria" means the criteria
specified in section 6(1).
(2) The Minister, by notice, may declare a law of
another State or a Territory to be a
corresponding law for the purposes of this Act.
(3) A declaration may be made under subsection (2)
whether or not the law specified in the
declaration corresponds, or substantially
corresponds, to this Act.
4. Application
(1) This Act does not apply in relation to a sentence
that was imposed by a court in this State, another
State or a Territory, on a person who was not an
adult at the time he or she committed the offence
in relation to which the sentence was imposed.
(2) This Act does not apply to
(a) a parole order within the meaning of
section 3 of the Parole Orders (Transfer)
Act 1983; 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 offender to make a specific act of
reparation to a specific person who has
been caused harm or loss by the offender.
6
Interstate Transfer (Community-based Sentences) Act 2009
Act No. of
Part 2 Administration s. 5
PART 2 ADMINISTRATION
5. Register
(1) The Registrar must establish and maintain, for
the purposes of this Act, a register of sentences.
(2) The register is to consist of 2 parts.
(3) One part of the register is to consist of sentences
registered under Part 4.
(4) The other part of the register is to consist of
entries made under section 13(2) in relation to
sentences that were in force in this State but
which have subsequently become registered
under a corresponding law pursuant to a request
under section 8.
(5) Subject to this Act, the register may be in a form
determined by the Registrar.
6. Transfer criteria and information in relation to
decisions
(1) In this Act, the transfer criteria in relation to a
community-based sentence are
(a) whether a sentence that corresponds to
the sentence could be made in the State
(including this State) or Territory in
which it is proposed to register the
sentence; and
(b) the welfare of the offender; and
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Interstate Transfer (Community-based Sentences) Act 2009
Act No. of
s. 6 Part 2 Administration
(c) the administration of justice in this State,
another State or a Territory; and
(d) the protection of the community in this
State, another State or a Territory; and
(e) whether the offender can comply with
the sentence in the State (including this
State) or Territory in which it is proposed
to register the sentence; and
(f) whether the sentence can be administered
safely, efficiently and effectively; and
(g) any other matters that are prescribed by
regulations made under this Act.
(2) In making a decision under this Act, the Minister
may have regard to any reports from persons
who are parole, prison, or correctional services
authorities
(a) in this State; or
(b) in another State or a Territory in relation
to which a law has been declared to be a
corresponding law.
(3) The Minister may send to a corresponding
authority reports from persons referred to in
subsection (2), so as to assist the corresponding
authority to form an opinion or to exercise a
discretion under a corresponding law.
8
Interstate Transfer (Community-based Sentences) Act 2009
Act No. of
Part 3 Transfer of Community-based Sentences from Tasmania to Another s. 7
State or a Territory
PART 3 TRANSFER OF COMMUNITY-BASED
SENTENCES FROM TASMANIA TO ANOTHER
STATE OR A TERRITORY
7. Offender may apply to transfer sentence to another
State or a Territory
(1) An offender may, in writing addressed to the
Minister, request that a community-based
sentence in relation to the offender that is in
force under a law of this State be transferred to
another State or a Territory.
(2) The Minister must agree, or refuse to agree, to a
request received under subsection (1) from an
offender.
(3) In deciding whether to agree or refuse to agree
under subsection (2), the Minister
(a) must have regard to the transfer criteria;
and
(b) may have regard to any other matter or
information that the Minister thinks fit,
including any matter that has arisen since
the request to which the decision relates
was made.
(4) The Minister may not agree to a request received
under subsection (1) from an offender unless the
Minister is satisfied that it has been explained to
the offender that, if the community-based
sentence in relation to the offender is registered
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Interstate Transfer (Community-based Sentences) Act 2009
Act No. of
s. 8 Part 3 Transfer of Community-based Sentences from Tasmania to Another
State or a Territory
in another State or a Territory under a
corresponding law
(a) the offender will be bound by the
requirements of the law of the other State
or the Territory; and
(b) a breach of the sentence may result in the
offender being resentenced in the other
State or the Territory; and
(c) the other consequences of a breach of the
sentence in the other State or the
Territory (in particular the penalties that
may be imposed for the breach) may be
different from the consequences of a
breach of the sentence in this State.
(5) The Minister must cause to be served on the
offender from whom a request was received
under subsection (1) notice of
(a) the decision of the Minister under
subsection (2) in relation to the request;
and
(b) if the Minister decided not to agree with
the request, his or her reasons for not
agreeing.
8. Minister may request that sentence be registered in
another State or a Territory
(1) The Minister may request the corresponding
authority of another State or a Territory to
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Interstate Transfer (Community-based Sentences) Act 2009
Act No. of
Part 3 Transfer of Community-based Sentences from Tasmania to Another s. 9
State or a Territory
register a community-based sentence that is in
force under a law of this State.
(2) A request under subsection (1) may be
accompanied by any information or documents
that are required under the corresponding law or
that the Minister thinks fit.
(3) The Minister must not make a request under
subsection (1) to the corresponding authority of
another State or a Territory in relation to a
community-based sentence unless
(a) the Minister has agreed under section 7
to a request from the offender that the
sentence be transferred to that State or
Territory and is satisfied that the offender
consents to the registration of the
sentence in that State or Territory; and
(b) the Minister is satisfied that there is no
application for appeal or review in
relation to the sentence that has not been
finally determined.
9. Minister may provide additional information to
corresponding authority
If the Minister makes under section 8(1) a
request to a corresponding authority in relation
to a community-based sentence, the Minister
may, at the request of the corresponding
authority or on the Minister's own initiative,
give the authority further information about the
sentence or the offender.
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Interstate Transfer (Community-based Sentences) Act 2009
Act No. of
s. 10 Part 3 Transfer of Community-based Sentences from Tasmania to Another
State or a Territory
10. Acceptance of transfer by corresponding authority
subject to conditions
(1) If a corresponding authority
(a) agrees to a request made to the authority
under section 8(1) to register a
community-based sentence; and
(b) makes the agreement subject to
conditions (in this section referred to as
"preconditions") being satisfied by the
offender before the sentence is
registered
the Minister must decide whether to agree to the
registration of the sentence being subject to
those preconditions being satisfied.
(2) Before making a decision under subsection (1) in
relation to a sentence, the Minister must
(a) consult with the offender; and
(b) consider the welfare of the offender.
(3) If the Minister does not agree to the registration
of the sentence being subject to the
preconditions specified by the corresponding
authority being satisfied, the Minister must
(a) cause notice to be served on the offender;
and
(b) notify the corresponding authority
that the Minister does not agree, and set out the
Minister's reasons for disagreeing.
12
Interstate Transfer (Community-based Sentences) Act 2009
Act No. of
Part 3 Transfer of Community-based Sentences from Tasmania to Another s. 11
State or a Territory
11. Withdrawal of request to transfer
(1) An offender may, before a community-based
sentence is registered in another State or a
Territory, provide to the Minister a notice, in a
form approved by the Minister, to the effect that
the offender no longer consents to the
registration of the sentence in the other State, or
the Territory, specified in the notice.
(2) As soon as practicable after a notice is provided
to the Minister under subsection (1), the Minister
must forward the notice to the relevant
corresponding authority.
12. Effect of registration in another State or a Territory
(1) If a community-based sentence that is in force in
this jurisdiction is registered under a
corresponding law of another State or a
Territory
(a) the sentence becomes a community-
based sentence in force in the State or
Territory; and
(b) the sentence ceases to be a sentence in
force in this State; and
(c) the offender may be dealt with in the
State or Territory for a breach of the
sentence, whether the breach happened
before or after the sentence is registered
in the State or Territory; and
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Interstate Transfer (Community-based Sentences) Act 2009
Act No. of
s. 13 Part 3 Transfer of Community-based Sentences from Tasmania to Another
State or a Territory
(d) where the sentence was, immediately
before being registered in the other State
or the Territory, registered under Part 4,
it ceases to be registered under Part 4.
(2) This section does not affect any right to appeal
or review against
(a) a conviction imposed, or a finding of
guilt made, in this State; or
(b) any sentence imposed in this State.
(3) Nothing in this Part is to be taken to prevent a
sentence imposed in this State and registered in
another State or a Territory subsequently being
registered under Part 4.
13. Record to be made in register of transfer of
sentence to another State or a Territory
(1) If the Minister is informed that a community-
based sentence that was in force in this State is
registered under a corresponding law of another
State or a Territory as a community-based
sentence, the Minister is to direct the Registrar to
make an entry in relation to the sentence in the
part of the register referred to in section 5(4).
(2) If the Registrar is directed under subsection (1)
to make an entry in relation to a sentence, he or
she is to
(a) enter in the part of the register referred to
in section 5(4) the details of the offender
14
Interstate Transfer (Community-based Sentences) Act 2009
Act No. of
Part 3 Transfer of Community-based Sentences from Tasmania to Another s. 13
State or a Territory
and the sentence that the Registrar thinks
fit; and
(b) endorse on the memorandum of sentence
made by a court in this State, or the
certified copy of the sentence provided
by the relevant corresponding authority
under section 14(2)(b), as the case may
be, a statement signed by the Registrar to
the effect that the sentence is, on the date
of the endorsement, registered under a
corresponding law of another State or a
Territory.
15
Interstate Transfer (Community-based Sentences) Act 2009
Act No. of
s. 14 Part 4 Transfer to Tasmania of Community-based Sentences of Another
State or a Territory
PART 4 TRANSFER TO TASMANIA OF
COMMUNITY-BASED SENTENCES OF ANOTHER
STATE OR A TERRITORY
14. Requests from interstate for registration of
sentences in this State
(1) A corresponding authority of another State or a
Territory may request the Minister to register
under this Part a community-based sentence
that is in force in the State or Territory.
(2) A request under subsection (1) for registration of
a community-based sentence under this Part
must be accompanied by
(a) details of the name, date of birth and last-
known address of the offender; and
(b) a copy, certified by the corresponding
authority, of the community-based
sentence and of any amendment made to
it; and
(c) a copy, certified by the corresponding
authority, of the judgment, or order, to
which the sentence relates.
(3) The Minister may request a corresponding
authority from which the Minister has received a
request under subsection (1) to provide further
information in relation to the offender, or the
community-based sentence, to which the request
under subsection (1) relates.
16
Interstate Transfer (Community-based Sentences) Act 2009
Act No. of
Part 4 Transfer to Tasmania of Community-based Sentences of Another s. 15
State or a Territory
15. Minister may agree to register interstate
community-based sentences
(1) The Minister must, after receiving a request
under section 14 from a corresponding authority,
agree, or refuse to agree, to the registration under
this Part of the community-based sentence to
which the request relates.
(2) The Minister, in deciding under
subsection (1) whether to agree or to refuse to
agree to the registration under this Part of a
community-based sentence
(a) must have regard to the transfer criteria;
and
(b) may have regard to any other matter or
information that the Minister thinks fit,
including any matter that has arisen since
the request to which the decision relates
was made.
(3) The Minister must not agree under
subsection (1) to the registration of a
community-based sentence under this Part unless
he or she is satisfied that the offender consents to
the registration of the sentence in this State.
(4) The Minister must not agree under
subsection (1) to the registration of a
community-based sentence unless the agreement
is subject to the condition (in this section
referred to as the "mandatory precondition") that
the registration will not take place unless the
offender reports, to a person who is specified in
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Interstate Transfer (Community-based Sentences) Act 2009
Act No. of
s. 15 Part 4 Transfer to Tasmania of Community-based Sentences of Another
State or a Territory
the notice given to the offender under
subsection (8), at a time and place in this State
(a) specified in the notice; or
(b) agreed between the person and the
offender.
(5) The Minister may agree under subsection (1) to
the registration of a community-based sentence
on the condition that the registration will not
take place unless the offender complies with
certain conditions (in this section referred to as
"individual preconditions").
(6) Individual preconditions specified under
subsection (5) are to be conditions that will show
that the offender can comply, and is willing to
comply, with the community-based sentence in
this jurisdiction.
(7) If the Minister refuses to agree to the registration
of a community-based sentence under this Part,
the Minister must
(a) cause notice of the refusal and the
reasons for the refusal to be served on the
offender; and
(b) notify in writing the relevant
corresponding authority of the refusal
and the reasons for the refusal.
(8) If the Minister agrees to the registration of a
community-based sentence under this Part, the
Minister must cause notice of the mandatory
precondition
18
Interstate Transfer (Community-based Sentences) Act 2009
Act No. of
Part 4 Transfer to Tasmania of Community-based Sentences of Another s. 15
State or a Territory
(a) to be served on the offender; and
(b) to be given in writing to the relevant
corresponding authority.
(9) If the Minister agrees to the registration of a
community-based sentence under this Part on the
condition that the registration will not take place
unless the offender complies with individual
preconditions, the Minister must cause notice of
the individual preconditions
(a) to be served on the offender; and
(b) to be given in writing to the relevant
corresponding authority.
(10) The Minister may, before a community-based
sentence is registered under this Part, amend or
revoke any individual preconditions specified in
a notice to the offender and the relevant
corresponding authority under subsection (9).
(11) The Minister must cause notice of an
amendment or revocation under subsection (10)
of individual preconditions in relation to an
offender
(a) to be served on the offender; and
(b) to be given in writing to the relevant
corresponding authority.
19
Interstate Transfer (Community-based Sentences) Act 2009
Act No. of
s. 16 Part 4 Transfer to Tasmania of Community-based Sentences of Another
State or a Territory
16. Offender may withdraw request for registration
(1) An offender in relation to whom a request has
been made under section 15 may, at any time
before the community-based sentence to which
the request relates is registered under this Part,
by notice in writing to the Minister, withdraw his
or her consent to the registration of the sentence.
(2) The Minister, as soon as practicable after
receiving a notice from an offender under
subsection (1), must give notice, in writing, of
the withdrawal of consent to the corresponding
authority which made a request under section 15
in relation to the offender.
17. Registration of sentence
(1) The Minister must direct the Registrar to register
a community-based sentence under this Part, if
the Minister is satisfied that
(a) the mandatory precondition to which the
sentence is subject under section 15(4);
and
(b) any individual preconditions to which the
sentence is subject under section 15(5)
have been satisfied.
(2) The Minister must not direct the Registrar to
register a community-based sentence under this
Part unless the Minister is satisfied that the
offender has not withdrawn under section 16 his
or her consent to the registration of the sentence.
20
Interstate Transfer (Community-based Sentences) Act 2009
Act No. of
Part 4 Transfer to Tasmania of Community-based Sentences of Another s. 17
State or a Territory
(3) The Minister may, in a direction under
subsection (1), direct the Registrar to register a
community-based sentence under this Part as a
community-based sentence that is to be taken to
be
(a) a community service order within the
meaning of the Sentencing Act 1997; or
(b) a probation order within the meaning of
the Sentencing Act 1997; or
(c) a member of a class of sentences,
specified in the direction, that has been
prescribed in regulations made for the
purposes of paragraph (c) of the
definition of "community-based
sentence" in section 3.
(4) If the Registrar is directed under subsection (1)
to register a community-based sentence under
this Part, he or she must
(a) register the sentence by entering in the
part of the register referred to in
section 5(3) the details of the offender
and the sentence, including the details of
any direction given in accordance with
subsection (3); and
(b) endorse on the certified copy of the
sentence provided by the relevant
corresponding authority under
section 14(2)(b) a statement signed by
the Registrar to the effect that the
sentence is, on the date of the
21
Interstate Transfer (Community-based Sentences) Act 2009
Act No. of
s. 18 Part 4 Transfer to Tasmania of Community-based Sentences of Another
State or a Territory
endorsement, registered under this Act;
and
(c) keep the endorsed certified copy of the
sentence together with the copy of the
judgment or order to which the sentence
relates that was provided to the Minister
by the corresponding authority under
section 14(2)(c).
(5) The Registrar must cause notice in writing of the
registration of a sentence under this Part
(a) to be given in writing to the
corresponding authority from which the
request in relation to the sentence was
received under section 14; and
(b) to be served on the offender.
18. Effect of registration under this Part
(1) If a community-based sentence is registered
under this Part
(a) the sentence becomes a community-
based sentence in force in this State; and
(b) the sentence is to be taken to have been
validly imposed by a court of petty
sessions; and
(c) the sentence continues to apply to the
offender in accordance with its terms
despite anything to the contrary in
another law of this State; and
22
Interstate Transfer (Community-based Sentences) Act 2009
Act No. of
Part 4 Transfer to Tasmania of Community-based Sentences of Another s. 18
State or a Territory
(d) the offence for which the sentence was
imposed is taken to be an offence against
the law of this State and not an offence
against the law of the other State or the
Territory under which the sentence was
originally imposed or in which the
sentence was registered under a
corresponding law; and
(e) the penalty that may be imposed for the
offence for which the sentence was
imposed is taken to be the penalty that
may be imposed for the offence under the
law of the State or Territory in which the
sentence was imposed and not the
penalty that may be imposed for an
offence of that kind, if any, under the law
of this State; and
(f) any part of the sentence served in another
State or a Territory before the sentence
was registered under this Act is to be
taken to have been served in this State;
and
(g) the offender may be dealt with in this
State for a breach of the sentence,
whether the breach occurred before or
after the sentence was registered under
this Part; and
(h) if the sentence is registered, in
accordance with a direction under
section 17(1) given in accordance with
section 17(3), as a sentence that is to be
taken to be a community service order, or
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Interstate Transfer (Community-based Sentences) Act 2009
Act No. of
s. 18 Part 4 Transfer to Tasmania of Community-based Sentences of Another
State or a Territory
a probation order, within the meaning of
the Sentencing Act 1997 or to be a
member of a class of sentences, the
sentence is to be treated for all purposes
as such an order or sentence; and
(i) the law of this State applies to the
sentence and any breach of the sentence
with the changes, if any, that may be
prescribed by regulations made under
this Act.
(2) This section does not affect a right, in the State
or Territory in which a sentence was originally
made, or in which the sentence was in force
under a corresponding law, to an appeal or a
review against
(a) a conviction imposed, or a finding of
guilt made, in another State or a
Territory; or
(b) a sentence imposed in another State or a
Territory.
(3) A sentence or decision imposed or made on an
appeal or review referred to in subsection (2) has
effect in this State as if it were validly imposed
or made on an appeal or review in this State.
(4) This section does not give to the offender a right
to an appeal or review in this State in relation to
the conviction, finding or imposition of a
sentence referred to in subsection (2).
24
Interstate Transfer (Community-based Sentences) Act 2009
Act No. of
Part 5 Correction of Information in Registers s. 19
PART 5 CORRECTION OF INFORMATION IN
REGISTERS
19. Amendment of registration in another State or a
Territory
(1) This subsection applies in relation to a
community-based sentence that was in force in
this State if
(a) the sentence is registered in another State
or a Territory; and
(b) the Minister becomes aware that the
information about the sentence, or the
offender, recorded in the register kept
under a corresponding law in the other
State or the Territory is not, or is no
longer, accurate.
(2) If subsection (1) applies in relation to a
community-based sentence, the Minister must
inform the corresponding authority of the State
or the Territory in which the sentence is
registered how the information, about the
sentence or the offender, that is in the register in
the other State or the Territory needs to be
changed in order to be made accurate.
(3) Without limiting subsection (2), the Minister
must inform the corresponding authority of
(a) any part of the sentence served in this
State in the period between the making to
the corresponding authority of the
25
Interstate Transfer (Community-based Sentences) Act 2009
Act No. of
s. 20 Part 5 Correction of Information in Registers
request under section 8 in relation to the
sentence and its registration under the
corresponding law; or
(b) the outcome of any appeal or review in
this State after the sentence was imposed.
20. Amendment of registration and records
(1) The Registrar may amend the details in the
register in respect of
(a) the registration of a community-based
sentence under Part 4; or
(b) an entry in the register made under
section 13.
(2) The Minister, after receiving a request, from the
corresponding authority that made a request for
registration under section 14 in relation to an
offender, to amend the details of the registration
of the offender under Part 4, may direct the
Registrar to amend the details of the registration
of the offender under Part 4 accordingly.
(3) The Registrar must cause notice in writing of
any amendment made under this section
(a) to be given in writing to the
corresponding authority; and
(b) to be served on the offender.
26
Interstate Transfer (Community-based Sentences) Act 2009
Act No. of
Part 5 Correction of Information in Registers s. 21
21. Dispute about accuracy of information
(1) This subsection applies if
(a) a community-based sentence that was in
force in this State is registered in another
State or a Territory; and
(b) the Minister receives from the
corresponding authority of the State or
the Territory notice of a relevant claim
made by the offender.
(2) A relevant claim made by an offender is a claim,
made by the offender in writing to the
corresponding authority of the other State or the
Territory, that specifies
(a) that information recorded about the
offender, or a community-based sentence
in relation to the offender, in a register
kept under a corresponding law in that
State or Territory is not accurate or is no
longer accurate; and
(b) how the information is inaccurate.
(3) If subsection (1) applies, the Minister must
check whether the information to which the
offender's claim relates is accurate or not.
(4) If the Minister is satisfied that the information in
the register to which the offender's claim relates
is accurate, the Minister must, in writing, inform
the corresponding authority and the offender
accordingly.
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Interstate Transfer (Community-based Sentences) Act 2009
Act No. of
s. 21 Part 5 Correction of Information in Registers
(5) If the Minister is satisfied that the information in
the register to which the offender's claim relates
is not accurate or is no longer accurate, the
Minister must, in writing
(a) inform the corresponding authority and
provide to the authority the accurate
information; and
(b) inform the offender about the
information that the Minister has
provided to the corresponding authority
under paragraph (a).
28
Interstate Transfer (Community-based Sentences) Act 2009
Act No. of
Part 6 Miscellaneous s. 22
PART 6 MISCELLANEOUS
22. Application to court to alter sentence to enable
registration in another State or a Territory
(1) 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.
(2) 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
(a) the Director of Public Prosecutions; and
(b) the Director, Community Corrections.
(3) 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
(a) the Commissioner of Police; and
(b) the Director, Community Corrections.
(4) Subject to subsection (5), at the hearing of an
application under subsection (1), the court may
29
Interstate Transfer (Community-based Sentences) Act 2009
Act No. of
s. 22 Part 6 Miscellaneous
(a) vary the community-based sentence; or
(b) 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.
(5) 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.
(6) At the hearing of the application, the court may
refuse to vary or cancel the sentence.
(7) 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.
(8) 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.
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Interstate Transfer (Community-based Sentences) Act 2009
Act No. of
Part 6 Miscellaneous s. 23
23. Delegation
(1) The Minister may delegate any of his or her
functions or powers under this Act other than
this power of delegation.
(2) The Registrar may delegate any of his or her
functions or powers under this Act other than
this power of delegation.
24. Evidence
(1) An instrument in writing that purports
(a) to be a copy of a sentence on which a
statement is endorsed in accordance with
section 17(4)(b) on a specified date; and
(b) to have been signed by the Registrar
is, until the contrary is proved, evidence that the
sentence was registered under this Act on that
date.
(2) A community-based sentence made under a law
of another State or a Territory and registered
under Part 4 may be received in evidence in any
court without further proof, by the production of
a copy of the sentence certified as a true copy by
the Registrar.
(3) A copy of a sentence certified by the Registrar
under subsection (2) is, until the contrary is
proved, evidence of the matters stated in the
sentence.
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Interstate Transfer (Community-based Sentences) Act 2009
Act No. of
s. 25 Part 6 Miscellaneous
25. Regulations
(1) The Governor may make regulations for the
purposes of this Act.
(2) The regulations may be made so as to apply
differently according to such factors as are
specified in the regulations.
(3) The regulations may contain provisions of a
savings or transitional nature consequent on the
enactment of the relevant provision or provisions
of this Act.
26. Administration of Act
Until provision is made in relation to this Act by
order under section 4 of the Administrative
Arrangements Act 1990
(a) the administration of this Act is assigned
to the Minister for Corrections and
Consumer Protection; and
(b) the department responsible to that
Minister in relation to the administration
of this Act is the Department of Justice.
32 Government Printer, Tasmania