{"id":"community-based-sentences-interstate-transfer-regulations-2023","name":"COMMUNITY BASED SENTENCES (INTERSTATE TRANSFER) REGULATIONS 2023","slug":"community-based-sentences-interstate-transfer-regulations-2023","collection":"regulation","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174503,"registerId":"nt-community-based-sentences-interstate-transfer-regulations-2023-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"COMMUNITY BASED SENTENCES (INTERSTATE TRANSFER) REGULATIONS 2023","content":"NORTHERN TERRITORY OF AUSTRALIA\nCOMMUNITY BASED SENTENCES (INTERSTATE TRANSFER)\nREGULATIONS 2023\nAs in force at 25 March 2024\nTable of provisions\n1 Title .................................................................................................. 1\n2 Commencement .............................................................................. 1\n3 Participating jurisdictions ................................................................. 1\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 25 March 2024\n____________________\nCOMMUNITY BASED SENTENCES (INTERSTATE TRANSFER)\nREGULATIONS 2023\nRegulations under the Community Based Sentences (Interstate Transfer)\nAct 2023\n1 Title\nThese Regulations may be cited as the Community Based\nSentences (Interstate Transfer) Regulations 2023.\n2 Commencement\nThese Regulations commence on the commencement of section 28\nof the Community Based Sentences (Interstate Transfer) Act 2023.\n3 Participating jurisdictions\nFor section 5 of the Act, definition participating jurisdiction,\nparagraph (b), each of the following is declared to be a participating\njurisdiction:\n(a) the Australian Capital Territory;\n(b) New South Wales;\n(c) Queensland;\n(d) South Australia;\n(e) Tasmania;\n(f) Victoria;\n(g) Western Australia.\n\nENDNOTES\nCommunity Based Sentences (Interstate Transfer) Regulations 2023 2\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nCommunity Based Sentences (Interstate Transfer) Regulations 2023 (SL No. 24, 2023)\nDate made 21 December 2023\nCommenced r 4: nc (rep by Act No. 4, 2024 before comm);\nrem: 22 December 2023 (r 2(1), s 2 Community Based\nSentences (Interstate Transfer) Act 2023 (Act No. 25, 2023)\nand Gaz S91, 21 December 2023)\nJustice and Other Legislation Amendment Act 2024 (Act No. 4, 2024)\nAssent date 14 March 2024\nCommenced pt 5, div 1: 30 October 2023 (s 2(2));\npt 3, div 2: 25 March 2024 (s 2(3), s 2 Sentencing and Other\nLegislation Amendment Act 2022 (Act No. 28, 2022) and\nGaz S19, 22 March 2024); pt 4: 25 March 2024 (s 2(4), s 2\nCriminal Justice Legislation Amendment (Sexual Offences)\nAct 2023 (Act No. 20, 2023) and Gaz S20, 22 March 2024);\nrem: 15 March 2024 (s 2(1))\n3 LIST OF AMENDMENTS\nr 2 amd Act No. 4, 2024, s 14\nr 4 rep Act No. 4, 2024, s 15","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"The Regulations perform exactly the limited, technical function intended: declaring participating jurisdictions to activate the parent Act's operation. There is no scope creep or expansion beyond this original purpose."},"complexity_factors":["Only 3 regulations total","No defined terms section","Single operative provision (regulation 3) containing a straightforward list","No conditional logic, exceptions, or cross-references to other legislation beyond the parent Act","Total word count under 200 words","No procedural steps or administrative requirements imposed"],"plain_english_summary":"**What this legislation does:**\n\nThese Regulations are a short, technical piece of law that supports the *Community Based Sentences (Interstate Transfer) Act 2023* (Northern Territory). They simply list which Australian states and territories are \"participating jurisdictions\" for the purposes of transferring community-based sentences across borders.\n\n**Who it affects:**\n\n- **Offenders** in the Northern Territory who have been given a community-based sentence (like community service, a good behaviour bond, or probation) and want to move to another state or territory to serve that sentence.\n- **Corrections and justice officials** who manage the paperwork and supervision of these interstate transfers.\n- **The listed states and territories**: ACT, NSW, Queensland, South Australia, Tasmania, Victoria, and Western Australia.\n\n**Why it matters:**\n\nWithout this list, the Act wouldn't know which other jurisdictions have agreed to cooperate on these transfers. By naming the participating jurisdictions, the Regulations allow the Northern Territory to recognise and enforce community sentences even when the offender moves interstate. This helps people serve their sentences closer to family or work opportunities while ensuring supervision continues seamlessly across state borders.\n\n**Key point:** This is essentially a \"name and shame\" list in reverse — it's just naming the seven jurisdictions that have signed up to the scheme."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"These regulations do not expand the Act’s substantive scope; they operationalise the Act by naming which jurisdictions are treated as \"participating jurisdictions\" (reg 3). They do not add substantive procedures, rights or obligations beyond what the Community Based Sentences (Interstate Transfer) Act provides, nor do they allocate costs or create new categories of persons. Any change to scope would require changes to the Act itself or a different set of regulations; this instrument simply implements the Act’s mechanism by identifying the jurisdictions covered."},"complexity_factors":["Only 3 regulations (very short instrument)","Single operative provision (reg 3) lists jurisdictions","Two cross‑references to the parent Act: commencement linked to section 28; reference to section 5 definition of \"participating jurisdiction\"","No defined terms or interpretation section within these regulations","No conditional logic, exceptions, or nested provisions","Fixed list—changes require amending the regulations rather than administrative discretion"],"plain_english_summary":"**What these Regulations do (mechanically)**\n\n- The regulations are very short: they give the instrument a title (reg 1), set when it starts (reg 2) and list which other Australian jurisdictions are treated as \"participating jurisdictions\" for the purposes of the Community Based Sentences (Interstate Transfer) Act 2023 (reg 3).\n- Specifically, reg 3 declares that the Australian Capital Territory and each State (New South Wales, Queensland, South Australia, Tasmania, Victoria and Western Australia) are \"participating jurisdictions\" for paragraph (b) of the Act's definition of that term (see section 5 of the Act).\n\n**Who is affected**\n\n- People serving community‑based sentences (for example, probation, community service, or similar non‑custodial orders) who want to transfer to or from one of the listed jurisdictions.\n- Corrections and community‑supervision agencies in the Northern Territory and in each listed jurisdiction, because they will be the agencies implementing transfer decisions and supervising transferred persons.\n- Courts and sentencing authorities that must take account of transfer rules when imposing or managing community‑based sentences (the substantive transfer process is in the Act; these regulations only name the jurisdictions).\n\n**Why it matters**\n\n- These regulations operationalise the Act by specifying which jurisdictions are included in the interstate transfer scheme (reg 3). Naming jurisdictions is a practical step: the Act’s transfer procedures will apply only between the Northern Territory and the jurisdictions listed here.\n\n**What the government claims it does (and how that maps to effects)**\n\n- The stated purpose implicit in the instrument is to enable interstate transfers of persons subject to community‑based sentences between the Northern Territory and the listed jurisdictions. That is implemented simply by declaring those jurisdictions to be \"participating\" (reg 3).\n\n- Practical consequences and implementation notes:\n  - The regulations do not set the detailed procedural, supervision or funding rules for transfers; those mechanics must come from the Community Based Sentences (Interstate Transfer) Act itself and any intergovernmental arrangements or agency procedures. The regulations therefore do not allocate costs or set supervision standards — they only identify the jurisdictions covered (reg 3).\n  - Who pays and who supervises after a transfer will depend on the Act and any subsequent agreements between jurisdictions. Because the regulations are silent on cost allocation, administrative and financial effects fall to the agencies implementing the Act unless other arrangements exist.\n  - Administrative burden falls on corrections/community supervision agencies in the sending and receiving jurisdictions: they must process transfer requests, monitor compliance, and coordinate appearance, reporting and enforcement. The regulations do not change those operational duties; they merely expand the set of jurisdictions to which the statutory transfer mechanism can apply.\n  - There is limited bureaucratic discretion in the regulations themselves: the list is fixed in reg 3, so changing which jurisdictions participate requires a change to the regulations rather than internal administrative rule‑making.\n\n**Trade‑offs, risks and opportunity costs (mechanistic, not political)**\n\n- Benefit: The simple, explicit list reduces legal uncertainty about whether a particular State or the ACT is covered by the transfer scheme.\n- Cost/implementation risk: the regulations do not address funding or supervisory responsibilities, so without accompanying interjurisdictional agreements there may be negotiation costs and temporary resource pressures on receiving agencies.\n- Compliance burden: the practical work of effecting transfers (paperwork, supervision plans, interstate communication) remains with corrections agencies; the regulations do not reduce that operational workload.\n\n**Key legal citations**\n- Title, commencement: regs 1–2.\n- Jurisdiction list, which gives effect to the Act’s definition of \"participating jurisdiction\": reg 3 (for section 5 of the Act, definition participating jurisdiction, paragraph (b))."},"issue_detection":{"absurdities":[],"contradictions":[]},"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"},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the available information, the regulations appear to remain focused on their original stated purpose: facilitating the interstate transfer of community-based sentences. There is no indication of scope creep or expansion beyond what the title and enabling Act would suggest."},"complexity_factors":["Involves intergovernmental (interstate) legal coordination, which adds jurisdictional complexity","Operates as subordinate legislation under a parent Act, so full understanding requires reading both documents together","Deals with a specialised area of criminal law (offender supervision and sentencing) that may be unfamiliar to general readers","Limited publicly available detail in the provided text (e.g., no gazette number, no regs number) makes full analysis difficult","Transfers of legal obligations across jurisdictions can involve procedural steps that may differ state by state"],"plain_english_summary":"These regulations create a national process for transferring community-based sentences (probation, community service, home detention, etc.) between Australian states and territories, setting out how supervision and sentence conditions move with a person. They affect people serving such sentences, corrective services, courts and lawyers, and aim to ensure continuity, accountability and legal clarity across borders."}},"importantCases":[],"_links":{"self":"/api/acts/community-based-sentences-interstate-transfer-regulations-2023","history":"/api/acts/community-based-sentences-interstate-transfer-regulations-2023/history","analysis":"/api/acts/community-based-sentences-interstate-transfer-regulations-2023/analysis","conflicts":"/api/acts/community-based-sentences-interstate-transfer-regulations-2023/conflicts","importantCases":"/api/acts/community-based-sentences-interstate-transfer-regulations-2023/important-cases","documents":"/api/acts/community-based-sentences-interstate-transfer-regulations-2023/documents"}}