Interstate Transfer (Community-based Sentences) Act 2009 (Tas)

Interstate Transfer (Community-based Sentences) Act 2009

An Act relating to the transfer, between Tasmania and other States or Territories, of the enforcement of community-based sentences and for related purposes [Royal Assent 16 June 2009]

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 – (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 (ba) a community correction 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) , (b) or (ba) ; (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 – (a) corresponds, or substantially corresponds, to this Act; or (b) is declared to be a corresponding law under subsection (2) ; corresponding Minister, in relation to an interstate jurisdiction, means the person who has powers under the corresponding law of that jurisdiction that correspond to the powers of the Minister under this Act; 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 ; interstate authority for an interstate jurisdiction is the entity that is the local authority for the jurisdiction under the corresponding law of the jurisdiction; interstate jurisdiction means a participating jurisdiction other than this jurisdiction; interstate law enforcement officer, in relation to an interstate jurisdiction, means a local law enforcement officer within the meaning of the corresponding law of that jurisdiction; interstate offender means an offender who is subject to an interstate sentence; interstate sentence means a community-based sentence in force in an interstate jurisdiction; interstate travel permit means an interstate travel permit issued under section 13B or an interstate travel permit (however described) issued under the corresponding law of another State or a Territory; jurisdiction means a State or Territory of the Commonwealth; local authority for this jurisdiction is the Director of Corrective Services appointed under the Corrections Act 1997 or such other person as may be prescribed; local law enforcement officer means a correctional officer, or probation officer, within the meaning of the Corrections Act 1997 , or a police officer; local offender means an offender who is subject to a Tasmanian community-based sentence; local sentence means a community-based sentence in force in this jurisdiction; Ministerial arrangements means arrangements referred to in section 13A ; 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 in which the sentence was originally imposed; participating jurisdiction means this jurisdiction or a State or Territory of the Commonwealth declared by the regulations to be a participating jurisdiction; 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; this jurisdiction means Tasmania; 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.