{"id":"qld:act-2020-008","name":"Community Based Sentences (Interstate Transfer) Act 2020","slug":"community-based-sentences-interstate-transfer-act-2020","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"8 of 2020","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29567,"registerId":"qld-act-2020-008-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Community Based Sentences (Interstate Transfer) Act 2020 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day to be fixed by proclamation.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Purposes of Act","content":"### sec.3 Purposes of Act\n\nThe purposes of this Act are to—\nenable community based sentences imposed in participating jurisdictions to be transferred, by registration, between participating jurisdictions; and\nempower the Minister to enter into arrangements with Ministers of interstate jurisdictions to facilitate the administration of community based sentences for offenders travelling to Queensland or an interstate jurisdiction.\n- (a) enable community based sentences imposed in participating jurisdictions to be transferred, by registration, between participating jurisdictions; and\n- (b) empower the Minister to enter into arrangements with Ministers of interstate jurisdictions to facilitate the administration of community based sentences for offenders travelling to Queensland or an interstate jurisdiction.","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Application of Act","content":"### sec.4 Application of Act\n\nThis Act applies to sentences imposed by courts on adults convicted or found guilty of offences.\nThis Act does not apply to—\na parole order; or\na sentence to the extent it imposes a fine or other financial penalty, however described; or\na sentence to the extent it requires the offender do a particular act or make reparation to a particular person who has been caused harm or loss by the offender.\n(sec.4-ssec.1) This Act applies to sentences imposed by courts on adults convicted or found guilty of offences.\n(sec.4-ssec.2) This Act does not apply to— a parole order; or a sentence to the extent it imposes a fine or other financial penalty, however described; or a sentence to the extent it requires the offender do a particular act or make reparation to a particular person who has been caused harm or loss by the offender.\n- (a) a parole order; or\n- (b) a sentence to the extent it imposes a fine or other financial penalty, however described; or\n- (c) a sentence to the extent it requires the offender do a particular act or make reparation to a particular person who has been caused harm or loss by the offender.","sortOrder":4},{"sectionNumber":"sec.5","sectionType":"section","heading":"Dictionary","content":"### sec.5 Dictionary\n\nThe dictionary in schedule 1 defines particular words used in this Act.","sortOrder":5},{"sectionNumber":"pt.2","sectionType":"part","heading":"Administration","content":"# Administration","sortOrder":6},{"sectionNumber":"sec.6","sectionType":"section","heading":"Local authority","content":"### sec.6 Local authority\n\nThe local authority for Queensland is the chief executive.","sortOrder":7},{"sectionNumber":"sec.7","sectionType":"section","heading":"Delegation by local authority","content":"### sec.7 Delegation by local authority\n\nThe local authority may delegate to an appropriately qualified person (the delegate ) a function of the local authority under this Act.\nThe delegation may permit the delegate to subdelegate the delegated function to another appropriately qualified person.\n(sec.7-ssec.1) The local authority may delegate to an appropriately qualified person (the delegate ) a function of the local authority under this Act.\n(sec.7-ssec.2) The delegation may permit the delegate to subdelegate the delegated function to another appropriately qualified person.","sortOrder":8},{"sectionNumber":"sec.8","sectionType":"section","heading":"Functions and powers","content":"### sec.8 Functions and powers\n\nThe local authority must keep a register (the local register ) of interstate sentences registered under this Act.\nThe local authority has the power to do anything necessary or convenient to be done for, or in connection with, the performance of its functions under this Act.\n(sec.8-ssec.1) The local authority must keep a register (the local register ) of interstate sentences registered under this Act.\n(sec.8-ssec.2) The local authority has the power to do anything necessary or convenient to be done for, or in connection with, the performance of its functions under this Act.","sortOrder":9},{"sectionNumber":"pt.3","sectionType":"part","heading":"Registration of interstate sentences in Queensland","content":"# Registration of interstate sentences in Queensland","sortOrder":10},{"sectionNumber":"sec.9","sectionType":"section","heading":"Request for transfer of interstate sentence","content":"### sec.9 Request for transfer of interstate sentence\n\nThe local authority may register an interstate sentence in Queensland at the request of the interstate authority for the interstate jurisdiction in which the sentence is in force.","sortOrder":11},{"sectionNumber":"sec.10","sectionType":"section","heading":"Form of request for registration","content":"### sec.10 Form of request for registration\n\nThe local authority must consider the request if the request—\nis in writing; and\nstates the following particulars—\nthe offender’s name;\nthe offender’s date of birth;\nthe offender’s last known address;\nthe other particulars required by the local authority; and\nis accompanied by the documents mentioned in subsection (2) .\nThe documents to accompany the request are—\na copy of the interstate sentence certified by the interstate authority; and\na copy of the offender’s consent for the registration of the interstate sentence in Queensland; and\na copy of all relevant pre-sentence reports about the offender held by the interstate jurisdiction for each offence committed by the offender for which the offender is subject to an interstate sentence; and\na copy of all relevant psychological or other assessments of the offender held by the interstate authority; and\na document of the details held by the interstate authority of—\nthe offender’s criminal record, whether in or outside Australia; and\nthe offender’s compliance with the interstate sentence and any other non-custodial sentence; and\na statement by the interstate authority explaining which part of the interstate sentence has been served in the interstate jurisdiction, or any other interstate jurisdiction, before the request was made; and\na 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 interstate sentence is registered in Queensland—\nthe offender will be bound by the requirements of the law of Queensland relating to the sentence; and\na breach of the sentence may result in the offender being resentenced in Queensland for the offence; and\nthe other consequences for a breach of the sentence in Queensland 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; and\na statement by the interstate authority setting out the reasons given by the offender for requesting to register the interstate sentence in Queensland; and\nany other documents required by the local authority.\nFor subsection (2) (c) , an offender is subject to an interstate sentence if the sentence has not been fully served or has not been discharged.\nIn considering the request, the local authority may consider any other information or other documents given to the local authority by the interstate authority.\n(sec.10-ssec.1) The local authority must consider the request if the request— is in writing; and states the following particulars— the offender’s name; the offender’s date of birth; the offender’s last known address; the other particulars required by the local authority; and is accompanied by the documents mentioned in subsection (2) .\n(sec.10-ssec.2) The documents to accompany the request are— a copy of the interstate sentence certified by the interstate authority; and a copy of the offender’s consent for the registration of the interstate sentence in Queensland; and a copy of all relevant pre-sentence reports about the offender held by the interstate jurisdiction for each offence committed by the offender for which the offender is subject to an interstate sentence; and a copy of all relevant psychological or other assessments of the offender held by the interstate authority; and a document of the details held by the interstate authority of— the offender’s criminal record, whether in or outside Australia; and the offender’s compliance with the interstate sentence and any other non-custodial sentence; and a statement by the interstate authority explaining which part of the interstate sentence has been served in the interstate jurisdiction, or any other interstate jurisdiction, before the request was made; and 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 interstate sentence is registered in Queensland— the offender will be bound by the requirements of the law of Queensland relating to the sentence; and a breach of the sentence may result in the offender being resentenced in Queensland for the offence; and the other consequences for a breach of the sentence in Queensland 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; and a statement by the interstate authority setting out the reasons given by the offender for requesting to register the interstate sentence in Queensland; and any other documents required by the local authority.\n(sec.10-ssec.3) For subsection (2) (c) , an offender is subject to an interstate sentence if the sentence has not been fully served or has not been discharged.\n(sec.10-ssec.4) In considering the request, the local authority may consider any other information or other documents given to the local authority by the interstate authority.\n- (a) is in writing; and\n- (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) the other particulars required by the local authority; and\n- (i) the offender’s name;\n- (ii) the offender’s date of birth;\n- (iii) the offender’s last known address;\n- (iv) the other particulars required by the local authority; and\n- (c) is accompanied by the documents mentioned in subsection (2) .\n- (i) the offender’s name;\n- (ii) the offender’s date of birth;\n- (iii) the offender’s last known address;\n- (iv) the other particulars required by the local authority; and\n- (a) a copy of the interstate sentence certified by the interstate authority; and\n- (b) a copy of the offender’s consent for the registration of the interstate sentence in Queensland; and\n- (c) a copy of all relevant pre-sentence reports about the offender held by the interstate jurisdiction for each offence committed by the offender for which the offender is subject to an interstate sentence; and\n- (d) a copy of all relevant psychological or other assessments of the offender held by the interstate authority; and\n- (e) a document of the details held by the interstate authority 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 non-custodial sentence; and\n- (i) the offender’s criminal record, whether in or outside Australia; and\n- (ii) the offender’s compliance with the interstate sentence and any other non-custodial sentence; and\n- (f) a statement by the interstate authority explaining which part of the interstate sentence has been served in the interstate jurisdiction, or any other interstate jurisdiction, before the request was made; and\n- (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 interstate sentence is registered in Queensland— (i) the offender will be bound by the requirements of the law of Queensland relating to the sentence; and (ii) a breach of the sentence may result in the offender being resentenced in Queensland for the offence; and (iii) the other consequences for a breach of the sentence in Queensland 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; and\n- (i) the offender will be bound by the requirements of the law of Queensland relating to the sentence; and\n- (ii) a breach of the sentence may result in the offender being resentenced in Queensland for the offence; and\n- (iii) the other consequences for a breach of the sentence in Queensland 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; and\n- (h) a statement by the interstate authority setting out the reasons given by the offender for requesting to register the interstate sentence in Queensland; and\n- (i) any other documents required by the local authority.\n- (i) the offender’s criminal record, whether in or outside Australia; and\n- (ii) the offender’s compliance with the interstate sentence and any other non-custodial sentence; and\n- (i) the offender will be bound by the requirements of the law of Queensland relating to the sentence; and\n- (ii) a breach of the sentence may result in the offender being resentenced in Queensland for the offence; and\n- (iii) the other consequences for a breach of the sentence in Queensland 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; and","sortOrder":12},{"sectionNumber":"sec.11","sectionType":"section","heading":"Request for additional information","content":"### sec.11 Request for additional information\n\nThe local authority may ask the interstate authority for additional information about the interstate sentence or the offender.","sortOrder":13},{"sectionNumber":"sec.12","sectionType":"section","heading":"Withdrawal of offender’s consent","content":"### sec.12 Withdrawal of offender’s consent\n\nThe offender may withdraw consent to the registration of the interstate sentence at any time before, but not after, its registration by giving written notice of the withdrawal to the local authority.","sortOrder":14},{"sectionNumber":"sec.13","sectionType":"section","heading":"Registration criteria","content":"### sec.13 Registration criteria\n\nThe registration criteria are that—\nthe offender has consented to the interstate sentence being registered in Queensland and has not withdrawn the consent; and\nthere is a corresponding community based sentence under the law of Queensland; and\nthe offender is capable of complying with the interstate sentence in Queensland; and\nthe interstate sentence is capable of being safely, efficiently and effectively administered in Queensland.\nFor subsection (1) (b) , there is a corresponding community based sentence under the law of Queensland for an interstate sentence if—\na community based sentence under the law of Queensland corresponds, or substantially corresponds, to the interstate sentence because—\na penalty of substantially the same nature as the penalty imposed by the interstate sentence can be imposed under the community based sentence; and\nconditions of substantially the same nature as the conditions to which the interstate sentence is subject can be imposed in relation to the community based sentence; or\na community based sentence under the law of Queensland is declared by regulation to correspond to the interstate sentence, whether or not the sentence corresponds, or substantially corresponds, to the interstate sentence.\n(sec.13-ssec.1) The registration criteria are that— the offender has consented to the interstate sentence being registered in Queensland and has not withdrawn the consent; and there is a corresponding community based sentence under the law of Queensland; and the offender is capable of complying with the interstate sentence in Queensland; and the interstate sentence is capable of being safely, efficiently and effectively administered in Queensland.\n(sec.13-ssec.2) For subsection (1) (b) , there is a corresponding community based sentence under the law of Queensland for an interstate sentence if— a community based sentence under the law of Queensland corresponds, or substantially corresponds, to the interstate sentence because— a penalty of substantially the same nature as the penalty imposed by the interstate sentence can be imposed under the community based sentence; and conditions of substantially the same nature as the conditions to which the interstate sentence is subject can be imposed in relation to the community based sentence; or a community based sentence under the law of Queensland is declared by regulation to correspond to the interstate sentence, whether or not the sentence corresponds, or substantially corresponds, to the interstate sentence.\n- (a) the offender has consented to the interstate sentence being registered in Queensland and has not withdrawn the consent; and\n- (b) there is a corresponding community based sentence under the law of Queensland; and\n- (c) the offender is capable of complying with the interstate sentence in Queensland; and\n- (d) the interstate sentence is capable of being safely, efficiently and effectively administered in Queensland.\n- (a) a community based sentence under the law of Queensland corresponds, or substantially corresponds, to the interstate sentence because— (i) a penalty of substantially the same nature as the penalty imposed by the interstate sentence can be imposed under the community based sentence; and (ii) conditions of substantially the same nature as the conditions to which the interstate sentence is subject can be imposed in relation to the community based sentence; or\n- (i) a penalty of substantially the same nature as the penalty imposed by the interstate sentence can be imposed under the community based sentence; and\n- (ii) conditions of substantially the same nature as the conditions to which the interstate sentence is subject can be imposed in relation to the community based sentence; or\n- (b) a community based sentence under the law of Queensland is declared by regulation to correspond to the interstate sentence, whether or not the sentence corresponds, or substantially corresponds, to the interstate sentence.\n- (i) a penalty of substantially the same nature as the penalty imposed by the interstate sentence can be imposed under the community based sentence; and\n- (ii) conditions of substantially the same nature as the conditions to which the interstate sentence is subject can be imposed in relation to the community based sentence; or","sortOrder":15},{"sectionNumber":"sec.14","sectionType":"section","heading":"Decision on request","content":"### sec.14 Decision on request\n\nThe local authority may decide to—\nregister the interstate sentence; or\nregister the interstate sentence subject to preconditions imposed under section 15 ; or\ndecline to register the interstate sentence.\nIn deciding whether to register the interstate sentence, the local authority—\nmust have regard to the registration criteria; and\nmay have regard to—\nany matter prescribed by regulation; and\nany other matter the authority considers relevant.\nThe local authority—\nmay decide not to register the interstate sentence even if satisfied the registration criteria are met; and\nmust not register the interstate sentence unless satisfied that the registration criteria are met.\nThe 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.\nTo remove any doubt, it is declared that the local authority may decide to register the interstate sentence even if—\nthe interstate jurisdiction is not the originating jurisdiction for the sentence; or\nthe sentence was previously registered in Queensland or Queensland is the originating jurisdiction for the sentence; or\nthe authority has previously decided not to register the sentence in Queensland.\nIf 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.\nIn this section—\nregistration criteria see section 13 (1) .\n(sec.14-ssec.1) The local authority may decide to— register the interstate sentence; or register the interstate sentence subject to preconditions imposed under section 15 ; or decline to register the interstate sentence.\n(sec.14-ssec.2) In deciding whether to register the interstate sentence, the local authority— must have regard to the registration criteria; and may have regard to— any matter prescribed by regulation; and any other matter the authority considers relevant.\n(sec.14-ssec.3) The local authority— may decide not to register the interstate sentence even if satisfied the registration criteria are met; and must not register the interstate sentence unless satisfied that the registration criteria are met.\n(sec.14-ssec.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.\n(sec.14-ssec.5) To remove any doubt, it is declared that the local authority may decide to register the interstate sentence even if— the interstate jurisdiction is not the originating jurisdiction for the sentence; or the sentence was previously registered in Queensland or Queensland is the originating jurisdiction for the sentence; or the authority has previously decided not to register the sentence in Queensland.\n(sec.14-ssec.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.\n(sec.14-ssec.7) In this section— registration criteria see section 13 (1) .\n- (a) register the interstate sentence; or\n- (b) register the interstate sentence subject to preconditions imposed under section 15 ; or\n- (c) decline to register the interstate sentence.\n- (a) must have regard to the registration criteria; and\n- (b) may have regard to— (i) any matter prescribed by regulation; and (ii) any other matter the authority considers relevant.\n- (i) any matter prescribed by regulation; and\n- (ii) any other matter the authority considers relevant.\n- (i) any matter prescribed by regulation; and\n- (ii) any other matter the authority considers relevant.\n- (a) may decide not to register the interstate sentence even if satisfied the registration criteria are met; and\n- (b) must not register the interstate sentence unless satisfied that the registration criteria are met.\n- (a) the interstate jurisdiction is not the originating jurisdiction for the sentence; or\n- (b) the sentence was previously registered in Queensland or Queensland is the originating jurisdiction for the sentence; or\n- (c) the authority has previously decided not to register the sentence in Queensland.","sortOrder":16},{"sectionNumber":"sec.15","sectionType":"section","heading":"Preconditions for registration","content":"### sec.15 Preconditions for registration\n\nThe 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 Queensland.\nWithout limiting subsection (1) , the local authority may impose the following preconditions—\nthat the offender must satisfy the local authority before a stated day that the offender is living in Queensland;\nthat the offender must report to a stated person in Queensland at a stated day and place or another day and place agreed between the local authority and the offender.\nIf the local authority decides to impose preconditions for the registration of the interstate sentence, the local authority must give written notice of the decision and the preconditions to the offender and the interstate authority.\nThe local authority may, by written notice given to the offender and the interstate authority, amend or revoke a precondition.\n(sec.15-ssec.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 Queensland.\n(sec.15-ssec.2) Without limiting subsection (1) , the local authority may impose the following preconditions— that the offender must satisfy the local authority before a stated day that the offender is living in Queensland; that the offender must report to a stated person in Queensland at a stated day and place or another day and place agreed between the local authority and the offender.\n(sec.15-ssec.3) If the local authority decides to impose preconditions for the registration of the interstate sentence, the local authority must give written notice of the decision and the preconditions to the offender and the interstate authority.\n(sec.15-ssec.4) The local authority may, by written notice given to the offender and the interstate authority, amend or revoke a precondition.\n- (a) that the offender must satisfy the local authority before a stated day that the offender is living in Queensland;\n- (b) that the offender must report to a stated person in Queensland at a stated day and place or another day and place agreed between the local authority and the offender.","sortOrder":17},{"sectionNumber":"sec.16","sectionType":"section","heading":"How interstate sentence is registered","content":"### sec.16 How interstate sentence is registered\n\nIf the local authority decides to register the interstate sentence in Queensland 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.\nIf 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 the preconditions are capable of being met.\nIn this section—\nrequired details means the details of the offender and the interstate sentence as prescribed by regulation.\n(sec.16-ssec.1) If the local authority decides to register the interstate sentence in Queensland 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.\n(sec.16-ssec.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 the preconditions are capable of being met.\n(sec.16-ssec.3) In this section— required details means the details of the offender and the interstate sentence as prescribed by regulation.","sortOrder":18},{"sectionNumber":"sec.17","sectionType":"section","heading":"Notice of registration","content":"### sec.17 Notice of registration\n\nIf the local authority registers the interstate sentence in Queensland, the local authority must give written notice of the registration to the offender and the interstate authority.\nThe notice must state the day the interstate sentence was registered.\n(sec.17-ssec.1) If the local authority registers the interstate sentence in Queensland, the local authority must give written notice of the registration to the offender and the interstate authority.\n(sec.17-ssec.2) The notice must state the day the interstate sentence was registered.","sortOrder":19},{"sectionNumber":"sec.18","sectionType":"section","heading":"Effect of registration","content":"### sec.18 Effect of registration\n\nIf the interstate sentence is registered in Queensland, the following provisions apply—\nthe sentence becomes a local sentence and ceases to be an interstate sentence;\nthe sentence is taken to have been validly imposed by a court of Queensland with appropriate jurisdiction;\nthe sentence continues to apply to the offender in accordance with its terms despite anything to the contrary under the law of Queensland;\nthe offence (the relevant offence ) for which the sentence was imposed is taken to be an offence against the law of Queensland and not an offence against the law of the originating jurisdiction;\nthe penalty for the relevant offence is taken to be the 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 Queensland;\nany part of the sentence served in an interstate jurisdiction before its registration is taken to have been served in Queensland;\nthe offender may be dealt with in Queensland for a breach of the sentence, whether the breach happened before, or happens after, the registration of the sentence;\nthe law of Queensland applies to the sentence, and any breach of it, with the changes, if any, prescribed by regulation.\nSubsection (1) (d) and (e) do not apply if Queensland is the originating jurisdiction.\nSubsection (1) (e) applies only for the purpose of determining the penalty to be imposed for the relevant offence in circumstances in which the offender is, under the law of Queensland, resentenced for that offence.\nThis section does not affect any right, in the originating jurisdiction, of appeal or review, however described, in relation to—\nthe conviction or finding of guilt on which the interstate sentence was based; or\nthe imposition of the interstate sentence.\nAny sentence or decision imposed or made on an appeal or review mentioned in subsection (4) has effect in Queensland as if it were validly imposed or made on an appeal or review in Queensland other than to the extent the sentence or decision—\nimposes a fine or other financial penalty, however described; or\nrequires the making of reparation, however described; or\nimposes a period of detention or imprisonment.\nThis section does not give any right to the offender to an appeal or review, however described, in Queensland in relation to the conviction, finding of guilt or imposition of sentence mentioned in subsection (4) .\n(sec.18-ssec.1) If the interstate sentence is registered in Queensland, the following provisions apply— the sentence becomes a local sentence and ceases to be an interstate sentence; the sentence is taken to have been validly imposed by a court of Queensland with appropriate jurisdiction; the sentence continues to apply to the offender in accordance with its terms despite anything to the contrary under the law of Queensland; the offence (the relevant offence ) for which the sentence was imposed is taken to be an offence against the law of Queensland and not an offence against the law of the originating jurisdiction; the penalty for the relevant offence is taken to be the 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 Queensland; any part of the sentence served in an interstate jurisdiction before its registration is taken to have been served in Queensland; the offender may be dealt with in Queensland for a breach of the sentence, whether the breach happened before, or happens after, the registration of the sentence; the law of Queensland applies to the sentence, and any breach of it, with the changes, if any, prescribed by regulation.\n(sec.18-ssec.2) Subsection (1) (d) and (e) do not apply if Queensland is the originating jurisdiction.\n(sec.18-ssec.3) Subsection (1) (e) applies only for the purpose of determining the penalty to be imposed for the relevant offence in circumstances in which the offender is, under the law of Queensland, resentenced for that offence.\n(sec.18-ssec.4) This section does not affect any right, in the originating jurisdiction, of appeal or review, however described, in relation to— the conviction or finding of guilt on which the interstate sentence was based; or the imposition of the interstate sentence.\n(sec.18-ssec.5) Any sentence or decision imposed or made on an appeal or review mentioned in subsection (4) has effect in Queensland as if it were validly imposed or made on an appeal or review in Queensland other than to the extent the sentence or decision— imposes a fine or other financial penalty, however described; or requires the making of reparation, however described; or imposes a period of detention or imprisonment.\n(sec.18-ssec.6) This section does not give any right to the offender to an appeal or review, however described, in Queensland in relation to the conviction, finding of guilt or imposition of sentence mentioned in subsection (4) .\n- (a) the sentence becomes a local sentence and ceases to be an interstate sentence;\n- (b) the sentence is taken to have been validly imposed by a court of Queensland with appropriate jurisdiction;\n- (c) the sentence continues to apply to the offender in accordance with its terms despite anything to the contrary under the law of Queensland;\n- (d) the offence (the relevant offence ) for which the sentence was imposed is taken to be an offence against the law of Queensland and not an offence against the law of the originating jurisdiction;\n- (e) the penalty for the relevant offence is taken to be the 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 Queensland;\n- (f) any part of the sentence served in an interstate jurisdiction before its registration is taken to have been served in Queensland;\n- (g) the offender may be dealt with in Queensland for a breach of the sentence, whether the breach happened before, or happens after, the registration of the sentence;\n- (h) the law of Queensland applies to the sentence, and any breach of it, with the changes, if any, prescribed by regulation.\n- (a) the conviction or finding of guilt on which the interstate sentence was based; or\n- (b) the imposition of the interstate sentence.\n- (a) imposes a fine or other financial penalty, however described; or\n- (b) requires the making of reparation, however described; or\n- (c) imposes a period of detention or imprisonment.","sortOrder":20},{"sectionNumber":"pt.4","sectionType":"part","heading":"Registration of local sentences in interstate jurisdictions","content":"# Registration of local sentences in interstate jurisdictions","sortOrder":21},{"sectionNumber":"sec.19","sectionType":"section","heading":"Request for transfer of local sentence","content":"### sec.19 Request for transfer of local sentence\n\nThe local authority may request the interstate authority for an interstate jurisdiction to register a local sentence in the interstate jurisdiction under the corresponding law of the interstate jurisdiction.","sortOrder":22},{"sectionNumber":"sec.20","sectionType":"section","heading":"Providing additional information","content":"### sec.20 Providing additional information\n\nThe 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.","sortOrder":23},{"sectionNumber":"sec.21","sectionType":"section","heading":"Effect of interstate registration","content":"### sec.21 Effect of interstate registration\n\nIf the local sentence is registered in the interstate jurisdiction, the following provisions have effect—\nthe sentence becomes an interstate sentence for the interstate jurisdiction and ceases to be a local sentence;\nthe 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;\nif the sentence is registered in the local register—the local authority must remove the sentence from the register;\nproceedings against the offender may not be commenced or continued under the law of Queensland for any breach of the conditions attached to the sentence that occurred before it was registered in the interstate jurisdiction.\nIf Queensland is the originating jurisdiction for the local sentence, this section does not affect—\nany right of appeal or review, however described, in relation to—\nthe conviction or finding of guilt on which the sentence was based; or\nthe imposition of the sentence; and\nthe sentence to the extent it—\nimposes a fine or other financial penalty, however described; or\nrequires the making of reparation, however described; or\nimposes a period of detention or imprisonment.\nFor the purpose of subsection (2) (b) , the local sentence remains a community based sentence in force in Queensland and may be enforced accordingly.\nTo remove any doubt, it is declared that this section does not prevent the local sentence from again being registered in Queensland after being registered in the interstate jurisdiction.\n(sec.21-ssec.1) If the local sentence is registered in the interstate jurisdiction, the following provisions have effect— the sentence becomes an interstate sentence for the interstate jurisdiction and ceases to be a local sentence; 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; if the sentence is registered in the local register—the local authority must remove the sentence from the register; proceedings against the offender may not be commenced or continued under the law of Queensland for any breach of the conditions attached to the sentence that occurred before it was registered in the interstate jurisdiction.\n(sec.21-ssec.2) If Queensland is the originating jurisdiction for the local sentence, this section does not affect— any right of appeal or review, however described, in relation to— the conviction or finding of guilt on which the sentence was based; or the imposition of the sentence; and the sentence to the extent it— imposes a fine or other financial penalty, however described; or requires the making of reparation, however described; or imposes a period of detention or imprisonment.\n(sec.21-ssec.3) For the purpose of subsection (2) (b) , the local sentence remains a community based sentence in force in Queensland and may be enforced accordingly.\n(sec.21-ssec.4) To remove any doubt, it is declared that this section does not prevent the local sentence from again being registered in Queensland after being registered in the interstate jurisdiction.\n- (a) the sentence becomes an interstate sentence for the interstate jurisdiction and ceases to be a local sentence;\n- (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;\n- (c) if the sentence is registered in the local register—the local authority must remove the sentence from the register;\n- (d) proceedings against the offender may not be commenced or continued under the law of Queensland for any breach of the conditions attached to the sentence that occurred before it was registered in the interstate jurisdiction.\n- (a) any right of appeal or review, however described, in relation to— (i) the conviction or finding of guilt on which the sentence was based; or (ii) the imposition of the sentence; and\n- (i) the conviction or finding of guilt on which the sentence was based; or\n- (ii) the imposition of the sentence; and\n- (b) the sentence to the extent it— (i) imposes a fine or other financial penalty, however described; or (ii) requires the making of reparation, however described; or (iii) imposes a period of detention or imprisonment.\n- (i) imposes a fine or other financial penalty, however described; or\n- (ii) requires the making of reparation, however described; or\n- (iii) imposes a period of detention or imprisonment.\n- (i) the conviction or finding of guilt on which the sentence was based; or\n- (ii) the imposition of the sentence; and\n- (i) imposes a fine or other financial penalty, however described; or\n- (ii) requires the making of reparation, however described; or\n- (iii) imposes a period of detention or imprisonment.","sortOrder":24},{"sectionNumber":"pt.5","sectionType":"part","heading":"Reciprocal arrangements for administration of local and interstate sentences","content":"# Reciprocal arrangements for administration of local and interstate sentences","sortOrder":25},{"sectionNumber":"sec.22","sectionType":"section","heading":"Definitions","content":"### sec.22 Definitions\n\nIn this part—\ncorresponding Minister , of an interstate jurisdiction, means the person who has powers under the corresponding law of the interstate jurisdiction that correspond to the powers of the Minister under this part.\ninterstate law enforcement officer , of an interstate jurisdiction, means a local law enforcement officer within the meaning of the corresponding law of the interstate jurisdiction.\nlocal law enforcement officer means a corrective services officer under the Corrective Services Act 2006 or a police officer.\nlocal offender means an offender who is subject to a local sentence.\nMinisterial arrangements means arrangements mentioned section 23 .","sortOrder":26},{"sectionNumber":"sec.23","sectionType":"section","heading":"Ministerial arrangements for the administration of local and interstate sentences","content":"### sec.23 Ministerial arrangements for the administration of local and interstate sentences\n\nThe Minister may enter into arrangements with the corresponding Minister of an interstate jurisdiction to facilitate—\nthe administration, within Queensland, of interstate sentences imposed under a law of the interstate jurisdiction; and\nthe administration, within the interstate jurisdiction, of local sentences, in relation to particular local or interstate offenders or particular classes of local or interstate offenders; and\ntravel to the interstate jurisdiction by local offenders; and\ntravel to Queensland by interstate offenders.\nThe local authority has the powers and functions necessary, under the arrangements, for the administration of interstate sentences for interstate offenders in Queensland.\nFor the purposes of a law of Queensland about local sentences, anything done—\nby the interstate authority of an interstate jurisdiction; and\nin accordance with the arrangements; and\nin the administration of a local sentence for a local offender who is in the interstate jurisdiction;\nis taken to have been done under the law of Queensland.\n(sec.23-ssec.1) The Minister may enter into arrangements with the corresponding Minister of an interstate jurisdiction to facilitate— the administration, within Queensland, of interstate sentences imposed under a law of the interstate jurisdiction; and the administration, within the interstate jurisdiction, of local sentences, in relation to particular local or interstate offenders or particular classes of local or interstate offenders; and travel to the interstate jurisdiction by local offenders; and travel to Queensland by interstate offenders.\n(sec.23-ssec.2) The local authority has the powers and functions necessary, under the arrangements, for the administration of interstate sentences for interstate offenders in Queensland.\n(sec.23-ssec.3) For the purposes of a law of Queensland about local sentences, anything done— by the interstate authority of an interstate jurisdiction; and in accordance with the arrangements; and in the administration of a local sentence for a local offender who is in the interstate jurisdiction; is taken to have been done under the law of Queensland.\n- (a) the administration, within Queensland, of interstate sentences imposed under a law of the interstate jurisdiction; and\n- (b) the administration, within the interstate jurisdiction, of local sentences, in relation to particular local or interstate offenders or particular classes of local or interstate offenders; and\n- (c) travel to the interstate jurisdiction by local offenders; and\n- (d) travel to Queensland by interstate offenders.\n- (a) by the interstate authority of an interstate jurisdiction; and\n- (b) in accordance with the arrangements; and\n- (c) in the administration of a local sentence for a local offender who is in the interstate jurisdiction;","sortOrder":27},{"sectionNumber":"sec.24","sectionType":"section","heading":"Issuing interstate travel permit to local offender","content":"### sec.24 Issuing interstate travel permit to local offender\n\nThis section applies to a local offender whose local sentence is subject to a condition, whether imposed by the sentence or otherwise, that prohibits the offender from leaving Queensland without permission.\nPermission to leave Queensland is to be granted, varied and revoked, and conditions of permission are to be imposed and varied, in accordance with the Ministerial arrangements.\nAs soon as practicable after the permission is granted, the local authority must—\nincorporate the terms and conditions of the permission in an interstate travel permit; and\ngive a copy of the interstate travel permit to the local offender; and\ngive a copy of the following things to the interstate authority of each interstate jurisdiction to which the interstate travel permit authorises travel—\nthe interstate travel permit;\nthe other documents, or information about the local offender, required or authorised to be provided under the Ministerial arrangements.\nIf the terms or conditions of the permission are varied, the local authority must, as soon as practicable after the variation happens—\nincorporate the terms and conditions of the permission, as varied, in an amended interstate travel permit; and\ngive a copy of the amended interstate travel permit to the local offender; and\ngive a copy of the following things to the interstate authority of each interstate jurisdiction to which the permit authorises travel—\nthe amended interstate travel permit;\nthe other documents or information relevant to the variation.\nIf the permission is revoked, the local authority must, as soon as practicable after the revocation happens, give written notice of the revocation to the local offender and to the interstate authority of each interstate jurisdiction to which the interstate travel permit authorised travel.\nAn interstate travel permit ceases to have effect in an interstate jurisdiction to which it authorises travel if—\nwritten notice is given under subsection (5) to the interstate authority of that jurisdiction, regardless of whether or not the local offender has received the notice; or\nthe offender is arrested under a warrant issued under the corresponding law of that jurisdiction.\nThis section applies despite any other law of Queensland about issuing interstate travel permits to local offenders.\n(sec.24-ssec.1) This section applies to a local offender whose local sentence is subject to a condition, whether imposed by the sentence or otherwise, that prohibits the offender from leaving Queensland without permission.\n(sec.24-ssec.2) Permission to leave Queensland is to be granted, varied and revoked, and conditions of permission are to be imposed and varied, in accordance with the Ministerial arrangements.\n(sec.24-ssec.3) As soon as practicable after the permission is granted, the local authority must— incorporate the terms and conditions of the permission in an interstate travel permit; and give a copy of the interstate travel permit to the local offender; and give a copy of the following things to the interstate authority of each interstate jurisdiction to which the interstate travel permit authorises travel— the interstate travel permit; the other documents, or information about the local offender, required or authorised to be provided under the Ministerial arrangements.\n(sec.24-ssec.4) If the terms or conditions of the permission are varied, the local authority must, as soon as practicable after the variation happens— incorporate the terms and conditions of the permission, as varied, in an amended interstate travel permit; and give a copy of the amended interstate travel permit to the local offender; and give a copy of the following things to the interstate authority of each interstate jurisdiction to which the permit authorises travel— the amended interstate travel permit; the other documents or information relevant to the variation.\n(sec.24-ssec.5) If the permission is revoked, the local authority must, as soon as practicable after the revocation happens, give written notice of the revocation to the local offender and to the interstate authority of each interstate jurisdiction to which the interstate travel permit authorised travel.\n(sec.24-ssec.6) An interstate travel permit ceases to have effect in an interstate jurisdiction to which it authorises travel if— written notice is given under subsection (5) to the interstate authority of that jurisdiction, regardless of whether or not the local offender has received the notice; or the offender is arrested under a warrant issued under the corresponding law of that jurisdiction.\n(sec.24-ssec.7) This section applies despite any other law of Queensland about issuing interstate travel permits to local offenders.\n- (a) incorporate the terms and conditions of the permission in an interstate travel permit; and\n- (b) give a copy of the interstate travel permit to the local offender; and\n- (c) give a copy of the following things to the interstate authority of each interstate jurisdiction to which the interstate travel permit authorises travel— (i) the interstate travel permit; (ii) the other documents, or information about the local offender, required or authorised to be provided under the Ministerial arrangements.\n- (i) the interstate travel permit;\n- (ii) the other documents, or information about the local offender, required or authorised to be provided under the Ministerial arrangements.\n- (i) the interstate travel permit;\n- (ii) the other documents, or information about the local offender, required or authorised to be provided under the Ministerial arrangements.\n- (a) incorporate the terms and conditions of the permission, as varied, in an amended interstate travel permit; and\n- (b) give a copy of the amended interstate travel permit to the local offender; and\n- (c) give a copy of the following things to the interstate authority of each interstate jurisdiction to which the permit authorises travel— (i) the amended interstate travel permit; (ii) the other documents or information relevant to the variation.\n- (i) the amended interstate travel permit;\n- (ii) the other documents or information relevant to the variation.\n- (i) the amended interstate travel permit;\n- (ii) the other documents or information relevant to the variation.\n- (a) written notice is given under subsection (5) to the interstate authority of that jurisdiction, regardless of whether or not the local offender has received the notice; or\n- (b) the offender is arrested under a warrant issued under the corresponding law of that jurisdiction.","sortOrder":28},{"sectionNumber":"sec.25","sectionType":"section","heading":"Effect of interstate travel permit issued to local offender","content":"### sec.25 Effect of interstate travel permit issued to local offender\n\nThis section applies to any period during which—\nan interstate travel permit is in force for a local offender; and\nthe local offender is present in an interstate jurisdiction to which the interstate travel permit authorises travel.\nFor the purposes of the law of Queensland about local sentences—\nthe conditions of the interstate travel permit are taken to be substituted for the conditions of the relevant local sentence; and\nany compliance or noncompliance by the local offender with the conditions of the interstate travel permit is taken to be compliance or noncompliance, as the case may be, with the conditions of the relevant local sentence.\n(sec.25-ssec.1) This section applies to any period during which— an interstate travel permit is in force for a local offender; and the local offender is present in an interstate jurisdiction to which the interstate travel permit authorises travel.\n(sec.25-ssec.2) For the purposes of the law of Queensland about local sentences— the conditions of the interstate travel permit are taken to be substituted for the conditions of the relevant local sentence; and any compliance or noncompliance by the local offender with the conditions of the interstate travel permit is taken to be compliance or noncompliance, as the case may be, with the conditions of the relevant local sentence.\n- (a) an interstate travel permit is in force for a local offender; and\n- (b) the local offender is present in an interstate jurisdiction to which the interstate travel permit authorises travel.\n- (a) the conditions of the interstate travel permit are taken to be substituted for the conditions of the relevant local sentence; and\n- (b) any compliance or noncompliance by the local offender with the conditions of the interstate travel permit is taken to be compliance or noncompliance, as the case may be, with the conditions of the relevant local sentence.","sortOrder":29},{"sectionNumber":"sec.26","sectionType":"section","heading":"Powers exercisable in relation to interstate offenders","content":"### sec.26 Powers exercisable in relation to interstate offenders\n\nThis section applies to an interstate offender who—\nholds an interstate travel permit that authorises the offender to travel to Queensland; and\nis present in Queensland.\nThe local authority may issue a warrant for the interstate offender’s arrest if the local authority is—\nadvised by the relevant interstate authority that the interstate travel permit is no longer in force in Queensland; or\nsatisfied the offender has failed to comply with the conditions of the interstate travel permit.\nA warrant under subsection (2) is sufficient authority for a local law enforcement officer to—\narrest the interstate offender; and\nconvey the interstate offender to a place stated in the warrant, whether in Queensland or an interstate jurisdiction; and\ndeliver the interstate offender into the custody of an interstate law enforcement officer of the jurisdiction in which the interstate travel permit was issued.\nTo remove any doubt, it is declared that the warrant authorises a local law enforcement officer to convey the interstate offender within or across any interstate jurisdiction for the purpose of taking the offender to a place stated in the warrant.\n(sec.26-ssec.1) This section applies to an interstate offender who— holds an interstate travel permit that authorises the offender to travel to Queensland; and is present in Queensland.\n(sec.26-ssec.2) The local authority may issue a warrant for the interstate offender’s arrest if the local authority is— advised by the relevant interstate authority that the interstate travel permit is no longer in force in Queensland; or satisfied the offender has failed to comply with the conditions of the interstate travel permit.\n(sec.26-ssec.3) A warrant under subsection (2) is sufficient authority for a local law enforcement officer to— arrest the interstate offender; and convey the interstate offender to a place stated in the warrant, whether in Queensland or an interstate jurisdiction; and deliver the interstate offender into the custody of an interstate law enforcement officer of the jurisdiction in which the interstate travel permit was issued.\n(sec.26-ssec.4) To remove any doubt, it is declared that the warrant authorises a local law enforcement officer to convey the interstate offender within or across any interstate jurisdiction for the purpose of taking the offender to a place stated in the warrant.\n- (a) holds an interstate travel permit that authorises the offender to travel to Queensland; and\n- (b) is present in Queensland.\n- (a) advised by the relevant interstate authority that the interstate travel permit is no longer in force in Queensland; or\n- (b) satisfied the offender has failed to comply with the conditions of the interstate travel permit.\n- (a) arrest the interstate offender; and\n- (b) convey the interstate offender to a place stated in the warrant, whether in Queensland or an interstate jurisdiction; and\n- (c) deliver the interstate offender into the custody of an interstate law enforcement officer of the jurisdiction in which the interstate travel permit was issued.","sortOrder":30},{"sectionNumber":"sec.27","sectionType":"section","heading":"Powers of interstate law enforcement officers","content":"### sec.27 Powers of interstate law enforcement officers\n\nA warrant issued under the corresponding law of an interstate jurisdiction that authorises an interstate law enforcement officer of that jurisdiction to convey an interstate offender or local offender within or across Queensland for the purpose of taking the offender to a place stated in the warrant has effect in Queensland according to its terms.","sortOrder":31},{"sectionNumber":"sec.28","sectionType":"section","heading":"Operation of Service and Execution of Process Act 1992 (Cwlth)","content":"### sec.28 Operation of Service and Execution of Process Act 1992 (Cwlth)\n\nNothing in this Act is intended to limit or otherwise affect the operation of the Service and Execution of Process Act 1992 (Cwlth) .","sortOrder":32},{"sectionNumber":"pt.6","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":33},{"sectionNumber":"sec.29","sectionType":"section","heading":"Inaccurate information about local sentence registered interstate","content":"### sec.29 Inaccurate information about local sentence registered interstate\n\nThis section applies if—\na local sentence is registered in an interstate jurisdiction under part 4 ; and\nthe local authority becomes aware that information about the local 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.\nThe 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.\nWithout limiting subsection (2) , the local authority must tell the interstate authority about—\nany part of the local sentence served in Queensland between the making of the request to register the sentence in the interstate jurisdiction and its registration in the interstate jurisdiction; or\nthe outcome of any appeal or review in Queensland affecting the local sentence.\n(sec.29-ssec.1) This section applies if— a local sentence is registered in an interstate jurisdiction under part 4 ; and the local authority becomes aware that information about the local 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.\n(sec.29-ssec.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.\n(sec.29-ssec.3) Without limiting subsection (2) , the local authority must tell the interstate authority about— any part of the local sentence served in Queensland between the making of the request to register the sentence in the interstate jurisdiction and its registration in the interstate jurisdiction; or the outcome of any appeal or review in Queensland affecting the local sentence.\n- (a) a local sentence is registered in an interstate jurisdiction under part 4 ; and\n- (b) the local authority becomes aware that information about the local 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.\n- (a) any part of the local sentence served in Queensland between the making of the request to register the sentence in the interstate jurisdiction and its registration in the interstate jurisdiction; or\n- (b) the outcome of any appeal or review in Queensland affecting the local sentence.","sortOrder":34},{"sectionNumber":"sec.30","sectionType":"section","heading":"Dispute about accuracy of information about local sentence registered interstate","content":"### sec.30 Dispute about accuracy of information about local sentence registered interstate\n\nThis section applies if—\na local sentence is registered in an interstate jurisdiction under part 4 ; and\nthe offender claims, in writing, to the interstate authority for the interstate jurisdiction that the information recorded about the local 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.\nThe interstate authority may send the local authority—\na copy of the claim; and\nan extract from the interstate register containing the information that the offender claims is inaccurate.\nThe local authority must check whether the information in the extract is accurate, having regard to the offender’s claims.\nIf the local authority is satisfied the information is accurate, the local authority must tell the interstate authority.\nIf the local authority is satisfied the information is inaccurate, the local authority must give the interstate authority the correct information.\n(sec.30-ssec.1) This section applies if— a local sentence is registered in an interstate jurisdiction under part 4 ; and the offender claims, in writing, to the interstate authority for the interstate jurisdiction that the information recorded about the local 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.\n(sec.30-ssec.2) The interstate authority may send the local authority— a copy of the claim; and an extract from the interstate register containing the information that the offender claims is inaccurate.\n(sec.30-ssec.3) The local authority must check whether the information in the extract is accurate, having regard to the offender’s claims.\n(sec.30-ssec.4) If the local authority is satisfied the information is accurate, the local authority must tell the interstate authority.\n(sec.30-ssec.5) If the local authority is satisfied the information is inaccurate, the local authority must give the interstate authority the correct information.\n- (a) a local sentence is registered in an interstate jurisdiction under part 4 ; and\n- (b) the offender claims, in writing, to the interstate authority for the interstate jurisdiction that the information recorded about the local 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.\n- (a) a copy of the claim; and\n- (b) an extract from the interstate register containing the information that the offender claims is inaccurate.","sortOrder":35},{"sectionNumber":"sec.31","sectionType":"section","heading":"Evidence of registration and registered particulars","content":"### sec.31 Evidence of registration and registered particulars\n\nA certificate, purporting to be signed by or for the local authority, that states a matter that appears in or can be worked out from the register kept under this Act, is evidence of the matter.\nA certificate, purporting to be signed by or for the interstate authority of an interstate jurisdiction, that states a matter that appears in or can be worked out from the register kept under the corresponding law of the interstate jurisdiction, is evidence of the matter.\nA certificate under subsection (1) or (2) may state a matter by reference to a date or period.\nA certificate, purporting to be signed by or for the local authority or the interstate authority for an interstate jurisdiction, that states any of the following details is evidence of the matter—\ndetails of a community based sentence or the offender for a community based sentence;\ndetails of a part of a community based sentence that has or has not been served.\nA court must accept a certificate mentioned in this section as proof of the matters stated in it unless there is evidence to the contrary.\n(sec.31-ssec.1) A certificate, purporting to be signed by or for the local authority, that states a matter that appears in or can be worked out from the register kept under this Act, is evidence of the matter.\n(sec.31-ssec.2) A certificate, purporting to be signed by or for the interstate authority of an interstate jurisdiction, that states a matter that appears in or can be worked out from the register kept under the corresponding law of the interstate jurisdiction, is evidence of the matter.\n(sec.31-ssec.3) A certificate under subsection (1) or (2) may state a matter by reference to a date or period.\n(sec.31-ssec.4) A certificate, purporting to be signed by or for the local authority or the interstate authority for an interstate jurisdiction, that states any of the following details is evidence of the matter— details of a community based sentence or the offender for a community based sentence; details of a part of a community based sentence that has or has not been served.\n(sec.31-ssec.5) A court must accept a certificate mentioned in this section as proof of the matters stated in it unless there is evidence to the contrary.\n- (a) details of a community based sentence or the offender for a community based sentence;\n- (b) details of a part of a community based sentence that has or has not been served.","sortOrder":36},{"sectionNumber":"sec.32","sectionType":"section","heading":"Regulation-making power","content":"### sec.32 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.","sortOrder":37}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The legislation appears to maintain its original scope as a mutual recognition scheme for community-based sentences. The Act covers both incoming and outgoing transfers, ministerial arrangements, and travel permits—all reasonably ancillary to the core purpose of interstate sentence transfer. No significant scope creep is evident."},"complexity_factors":["Multiple nested conditions in registration criteria (sec.13) requiring both subjective assessments ('capable of complying') and objective tests ('substantially corresponds')","Extensive documentary requirements for registration (sec.10) with 9 specific categories of required documents plus catch-all 'any other documents'","Complex deeming provisions in sec.18 that treat interstate sentences as Queensland sentences for most purposes but preserve originating jurisdiction's appeal rights","Dual registration pathways (with or without preconditions) creating conditional logic in sec.14-16","Interaction with 'corresponding laws' of other jurisdictions requiring reference to external statutory schemes not defined in the Act","Multiple exceptions to exceptions (e.g., sec.18(2)-(6) limiting the general deeming provisions in various circumstances)","Cross-referencing between Parts 3, 4, and 5 for reciprocal arrangements creating interdependent operational requirements"],"plain_english_summary":"This Act creates a system for transferring community-based sentences (like probation, community service, or good behaviour orders) between Australian states and territories. \n\n**What it does:**\n- Allows someone serving a community sentence in one state (e.g., NSW) to move to Queensland and continue serving that sentence there, or vice versa\n- Sets up a registration process where Queensland's chief executive (the 'local authority') can register interstate sentences in Queensland\n- Allows Queensland sentences to be transferred to other states\n- Lets the Minister make agreements with other states about managing these transfers\n- Creates 'interstate travel permits' for offenders who need to travel between states while serving their sentence\n\n**Who it affects:**\n- Adult offenders serving community-based sentences who want or need to move between states\n- Queensland's corrective services department (the local authority)\n- Courts and law enforcement in participating states\n\n**Key limitations:**\n- Doesn't apply to parole orders, fines, or sentences requiring specific acts of reparation to victims\n- Only works between 'participating jurisdictions' that have agreed to the scheme\n- The offender must consent to the transfer\n- The sentence must have a 'corresponding' equivalent in the receiving state\n\n**Why it matters:**\nBefore this Act, if someone moved states while serving a community sentence, they often fell through the cracks—either the sentence couldn't be enforced, or they had to return to the original state. This allows people to relocate for work, family, or safety reasons without abandoning their rehabilitation or avoiding punishment."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act narrowly targets adult community-based (non-parole, non-financial, non-reparative) sentences and sets out transfer, registration and reciprocal-administration mechanics. It does not, on its face, expand criminal liability or custodial sentencing powers beyond making registered interstate sentences operate as local sentences (sec 4, sec 18). The statutory exclusions and definitions limit scope rather than broaden it."},"complexity_factors":["Cross-jurisdictional conversions that change a sentence’s legal status on registration (sec 18) — requires reconciling different legal frameworks and penalties.","Detailed documentary and consent requirements for registration (sec 10) — creates administrative burden and information flow dependencies between authorities.","Significant local authority discretion to impose preconditions, refuse registration even if criteria met, and decide without a hearing (secs 13, 14, 15) — increases legal and procedural uncertainty.","Preconditions and capability assessments before final registration (secs 15–16) — adds conditional workflows and monitoring obligations.","Mechanisms for travel permits, substitution of conditions while interstate, and cross-border enforcement (secs 23–26) — requires operational coordination between corrective services and police.","Record-keeping, evidence certificates and dispute/accuracy processes for interstate registers (secs 8, 29–31) — creates reliance on registers and evidentiary presumptions.","Delegation, ministerial arrangements and regulation-making powers (secs 7, 23, 32) — allow variable implementation and rule-making that affect uniformity and compliance costs.","Preservation of originating-jurisdiction appeal/review rights with limited effect in Queensland (sec 18(4)–(6)) — adds layered legal review paths to consider."],"plain_english_summary":"Mechanically, the Act allows participating jurisdictions to transfer and register adult community-based sentences across borders, turning an interstate sentence into a local sentence once registered and enabling reciprocal administration, travel permits and enforcement. It is intended to facilitate transfers and Ministerial arrangements with interstate counterparts. It affects adult offenders serving community-based sentences, corrective services and police by imposing administrative steps, documentary requirements, and discretion for the local authority to accept, condition or refuse registrations."},"summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The Act appears to deliver precisely what its stated purposes describe — a registration-based transfer mechanism for community-based sentences between participating jurisdictions, and ministerial arrangements for offenders travelling interstate. The scope is consistent throughout: the application section, the registration criteria, the travel permit provisions, and the miscellaneous sections all operate within the same defined boundaries. No scope creep or deviation from original intent is evident in the text."},"complexity_factors":["Multi-jurisdictional operation requiring coordination between Queensland and multiple other Australian states and territories simultaneously","Dual registration system (incoming and outgoing) with different rules and effects for each direction","Legal fiction provisions — sentences are 'deemed' to have been imposed by Queensland courts, offences are 'deemed' to be Queensland offences, time served interstate is 'deemed' to be served in Queensland — which creates complex legal consequences","Penalty preservation rule (original jurisdiction's penalties apply for resentencing) cuts across Queensland sentencing law in a non-obvious way","Interaction between full transfer registration and short-term travel permit regime creates two overlapping but distinct schemes","Interstate travel permit system with automatic cessation triggers and cross-border arrest and conveyance powers","Appeal and review rights preserved in originating jurisdiction but explicitly excluded in Queensland, with carve-outs for what effect those appeals have here","Significant reliance on regulations to define key operational details (required registration particulars, corresponding sentence declarations, applicable law changes)","Discretionary authority given to the local authority to decline registration even when all criteria are met, without a clear review mechanism specified","Broad exclusions and carve-outs (fines, reparation orders, parole) requiring careful analysis of what type of sentence is involved"],"plain_english_summary":"This law sets up a system letting community-based sentences (like probation, community service, or good‑behaviour bonds) move between Queensland and other Australian jurisdictions. It enables full registration of an interstate sentence in Queensland, transfer out, and short‑term interstate travel permits while ensuring practical enforcement.\n\nIt matters to sentenced adults and corrections authorities: transfers require informed consent, preserve appeal rights, and include safeguards about differing breach penalties."}},"importantCases":[],"_links":{"self":"/api/acts/community-based-sentences-interstate-transfer-act-2020","history":"/api/acts/community-based-sentences-interstate-transfer-act-2020/history","analysis":"/api/acts/community-based-sentences-interstate-transfer-act-2020/analysis","conflicts":"/api/acts/community-based-sentences-interstate-transfer-act-2020/conflicts","importantCases":"/api/acts/community-based-sentences-interstate-transfer-act-2020/important-cases","documents":"/api/acts/community-based-sentences-interstate-transfer-act-2020/documents"}}