Community Based Sentences (Interstate Transfer) Act 2015 (SA)

South Australia Community Based Sentences (Interstate Transfer) Act 2015 An Act to provide for community based sentences imposed in participating jurisdictions to be transferred, by registration, between participating jurisdictions.

Contents Part 1—Preliminary 1 Short title 3 Interpretation 4 Application of Act Part 2—Administration 5 Local authority 6 Delegation 7 Local register Part 3—Registration of interstate sentences in this jurisdiction 8 Request for transfer of interstate sentence 9 Form of request for registration 10 Request for additional information 11 Withdrawal of offender's consent 12 Registration criteria 13 Decision on request 14 Preconditions for registration 15 How interstate sentence is registered 16 Notice of registration 17 Effect of registration generally Part 4—Registration of local sentences in interstate jurisdictions 18 Request for transfer of local sentence 19 Response to request for additional information 20 Effect of interstate registration Part 5—Miscellaneous 21 Inaccurate information about local sentence registered interstate 22 Dispute about accuracy of information in interstate register 23 Evidence of registration and registered particulars 24 Regulations Legislative history

The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Community Based Sentences (Interstate Transfer) Act 2015. 3—Interpretation In this Act, unless the contrary intention appears— community based sentence means— (a) any of the following sentences imposed under the Sentencing Act 2017: (i) a sentence to be served in the community while subject to intensive correction; (ii) a sentence of community service; (iii) a sentence of imprisonment suspended on entering into a bond under the Act; (iv) a bond to be of good behaviour; or (d) in relation to an interstate jurisdiction—a sentence that is a community based sentence under the corresponding law of the jurisdiction; or (e) a sentence of a kind prescribed by the regulations to be a community based sentence; corresponding law means a law of an interstate jurisdiction— (a) corresponding, or substantially corresponding, to this Act; or (b) prescribed by the regulations to be a corresponding law, whether or not the law corresponds, or substantially corresponds to this Act; Department means the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of this Act; interstate authority in relation to an interstate jurisdiction, means the local authority for the jurisdiction under the corresponding law of the jurisdiction; interstate jurisdiction means a participating jurisdiction other than this jurisdiction; interstate sentence, in relation to an interstate jurisdiction, means a community based sentence (within the meaning of the corresponding law of that jurisdiction) in force in an interstate jurisdiction; jurisdiction means a State or Territory of the Commonwealth; local authority means the local authority under section 5; local register means the local register under section 7; local sentence means a community based sentence in force in this jurisdiction; offender in relation to a community based sentence, means the person on whom the sentence was imposed; originating jurisdiction in relation to a community based sentence, means the jurisdiction where the sentence was originally imposed; participating jurisdiction means— (a) this jurisdiction; or (b) a State or Territory of the Commonwealth prescribed by the regulations to be a participating jurisdiction; registration criteria means the registration criteria under section 12; 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; or (b) to do any other thing in accordance with the sentence; this jurisdiction means South Australia. 4—Application of Act This Act does not apply to— (a) a sentence 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; or (b) a sentence in relation to which a prisoner has been released from prison to serve a period of home detention under Part 4 Division 6A of the Correctional Services Act 1982; or (c) a parole order within the meaning of the Parole Orders (Transfer) Act 1983; or (d) a sentence of a kind prescribed by regulation for the purposes of this section.