{"id":"a-2005-59","name":"Crimes (Sentence Administration) Act 2005","slug":"crimes-sentence-administration-act-2005","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"59 of 2005","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23361,"registerId":"act-a-2005-59-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"16","sectionType":"section","heading":"November 2025. It also includes any commencement, amendment, repeal or expiry affecting","content":"16 November 2025. It also includes any commencement, amendment, repeal or expiry affecting\nthis republished law to 16 November 2025.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication includes amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\ncontents 1\nPage\nPreamble 2\n1 Name of Act 3\n3 Dictionary 3\n4 Notes 3\n5 Offences against Act—application of Criminal Code etc 4\n6 Main object of Act 5\n7 Treatment of sentenced offenders 5\n8 Treatment of remandees 6\n\nPage\ncontents 2 Crimes (Sentence Administration) Act 2005\n9 Treatment of other people in custody 7\n10 Application—pt 3.1 8\n11 Effect of committal order 9\n12 Warrant for imprisonment 9\n13 Custody of sentenced offender 9\n14 Imprisonment not affected by want of proper warrant 9\n15 Application—pt 3.2 10\n16 Effect of remand order 10\n17 Warrant for remand 11\n18 Custody of remandee 12\n19 Remand not affected by want of proper warrant 13\n20 Directions to escort officers 14\n21 Orders to bring offender or remandee before court etc 14\n22 Application—ch 4 15\n23 Definitions—ch 4 16\n24 Full-time detention obligations 17\n25 Full-time detention—director-general directions 17\n26 Full-time detention in ACT or NSW 18\n27 Guidelines—allocation of detainees to correctional centres 18\n28 Work and activities by full-time detainee 19\n\nPage\ncontents 3\n29 Custody of full-time detainee—lawful absence from correctional centre 19\n30 Unlawful absence by offender—extension of sentence 20\n31 Early release of offender 20\n32 Release at end of sentence 21\n33 Offender not to be released if serving another sentence etc 21\n34 Application—pt 4.3 23\n35 Removal of full-time detainee to NSW 23\n36 Full-time detention in NSW 23\n37 Full-time detention—return from NSW 24\n38 Full-time detention—release in NSW 25\n39 Application—ch 5 26\n40 Definitions—ch 5 26\n41 Intensive correction order obligations 28\n42 Intensive correction order—core conditions 28\n43 Intensive correction order—alcohol and drug tests 31\n43A Intensive correction order—end 31\nPart 5.3 Intensive correction order—community\n44 Application—pt 5.3 32\n45 Intensive correction orders—compliance with community service\ncondition 32\n46 Intensive correction orders—community service work—director-\ngeneral directions 32\n47 Intensive correction orders—community service work—failure to report\netc 34\n48 Intensive correction orders—community service work—maximum daily\nhours 35\n\nPage\ncontents 4 Crimes (Sentence Administration) Act 2005\n48A Intensive correction orders—community service work—therapy and\neducation program limit 36\n49 Intensive correction orders—community service work—health\ndisclosures 36\n50 Intensive correction orders—community service work—alcohol and\ndrug tests 36\n51 Intensive correction orders—community service work—reports by\nentities 37\nPart 5.4 Intensive correction order—rehabilitation\nprograms\n52 Application—pt 5.4 38\n53 Intensive correction orders—rehabilitation program condition—\ncompliance 38\n54 Intensive correction orders—rehabilitation programs—director-general\ndirections 38\n55 Intensive correction orders—rehabilitation program providers—reports\nby providers 39\nPart 5.5 Intensive correction order—curfew\n56 Application—pt 5.5 40\n57 Compliance with curfew 40\n58 Curfew—directions 40\nDivision 5.6.1 Intensive correction orders—supervision\n59 Corrections officers to report breach of intensive correction order\nobligations 42\n60 Arrest without warrant—breach of intensive correction order\nobligations 42\n61 Arrest warrant—breach of intensive correction order obligations 43\n62 Board inquiry—breach of intensive correction order obligations 44\n63 Notice of inquiry—breach of intensive correction order obligations 45\n64 Board powers—breach of intensive correction order obligations 45\n65 Cancellation of intensive correction order on further conviction etc 47\n\nPage\ncontents 5\n66 Cancellation of intensive correction order if offender withdraws\nconsent 49\nDivision 5.6.3 Suspension and cancellation of intensive correction\n67 Application—div 5.6.3 49\n68 Notice of board decisions about intensive correction order 49\n69 Intensive correction order—effect of suspension or cancellation 49\n70 Intensive correction orders—effect of suspension or cancellation on\nother intensive correction order 50\n71 Intensive correction orders—effect of suspension or cancellation on\nparole 51\n72 Suspension or cancellation of intensive correction order—recommittal\nto full-time detention 51\n73 Cancellation of intensive correction order—offender may apply for\norder to be reinstated 52\nPart 5.7 Intensive correction orders—amendment or\n74 Court powers—amendment or discharge of intensive correction order 54\n75 Intensive correction orders—limitations on amendment or discharge 55\nPart 5.8 Intensive correction orders—reporting and\nrecords\n76 Record-keeping by director-general 56\n77 Authorised person may access data 56\nPart 5.9 Intensive correction orders—miscellaneous\n78 Intensive correction order proceedings—rights of interested person 57\n78A Intensive correction order cancellation by court—official notice of\nsentence 57\n79 Intensive correction order—court and board powers after end of order 58\n80 Intensive correction orders—outstanding warrants—extension of\nsentence 58\n\nPage\ncontents 6 Crimes (Sentence Administration) Act 2005\n82 Application—ch 5A 60\nPart 5A.2 Drug and alcohol treatment orders—\nundertaking treatment\n82A Drug and alcohol treatment order—drug and alcohol tests 61\nPart 5A.3 Drug and alcohol treatment orders—effect of\ncancellation\n82B Application—pt 5A.3 62\n82C Drug and alcohol treatment order—effect of cancellation 62\nPart 5A.4 Drug and alcohol treatment orders—reporting\nand records\n82D Record-keeping by director-general 64\n82E Authorised person may access data 64\n83 Application—ch 6 65\n84 Definitions—ch 6 65\n85 Good behaviour obligations 66\n86 Good behaviour—core conditions 67\n87 Good behaviour—director-general directions 68\n88 Good behaviour order—end 69\n89 Application—pt 6.2 70\n90 Good behaviour orders—compliance with community service condition 70\n91 Good behaviour orders—community service work—director-general\ndirections 70\n92 Good behaviour orders—community service work—failure to report etc 72\n\nPage\ncontents 7\n93 Good behaviour orders—community service work—maximum daily\nhours 73\n93A Good behaviour orders—community service work—therapy and\neducation program limit 74\n94 Good behaviour orders—community service work—health disclosures 74\n95 Good behaviour orders—community service work—alcohol and drug\ntests 75\n96 Good behaviour orders—community service work—frisk searches 75\n97 Good behaviour orders—community service work—reports by entities 76\nPart 6.3 Good behaviour—rehabilitation programs\n98 Application—pt 6.3 77\n99 Good behaviour orders—compliance with rehabilitation program\ncondition 77\n100 Good behaviour orders—rehabilitation programs—director-general\ndirections 77\n101 Good behaviour orders—rehabilitation program providers—reports by\nproviders 78\n102 Good behaviour—breach of good behaviour obligation 79\n103 Arrest without warrant—breach of good behaviour obligations 80\n104 Arrest warrant—breach of good behaviour obligations etc 81\n105 Good behaviour—agreement to attend court 82\n106 Good behaviour—summons to attend court 82\n107 Offence committed while under good behaviour order 83\n108 Court powers—breach of good behaviour obligations 83\n109 Cancellation of good behaviour order made as non-conviction order 85\n110 Cancellation of good behaviour order with suspended sentence order 85\n111 Enforcing security under good behaviour order 86\nPart 6.6 Good behaviour orders—amendment and\n112 Court powers—amendment or discharge of good behaviour order 88\n113 Good behaviour orders—limitations on amendment or discharge 88\n\nPage\ncontents 8 Crimes (Sentence Administration) Act 2005\n114 Good behaviour orders—effect of amendment on sureties 89\n115 Good behaviour proceedings—rights of interested person 90\n116 Good behaviour—court powers after end of order 90\n116A Definitions—ch 6A 91\n116B Payment of fine 93\nPart 6A.2 Penalty notices, default notices and payment\narrangements\n116C Registrar to send penalty notice 94\n116D Offender to give registrar contact details 95\n116E Registrar may ask other people for offender’s contact details 96\n116F Doubtful service 96\n116G Liability for administrative fee 97\n116H Default notice 97\n116I Form of default notice 98\n116J Reminder notice 99\n116K Payment arrangements 100\nDivision 6A.3.1 Reporting fine defaulters\n116L Application—pt 6A.3 101\n116M Director-general to notify road transport authority 101\n116O Examination by director-general 102\n116P Examination notice 102\n116Q Examination notice—content 103\n116R Examination warrant—issue 104\n116S Examination warrant—contents and execution 105\n\nPage\ncontents 9\n116T Examination hearing before registrar 106\n116U Examination hearing warrant—issue 108\n116V Examination hearing warrant—contents and execution 109\n116W Director-general may apply for fine enforcement order 110\n116X Magistrates court may make fine enforcement order 111\nDivision 6A.3.4 Fine enforcement orders—earnings redirection orders\n116Y Fine enforcement order—earnings redirection order 113\nDivision 6A.3.5 Fine enforcement orders—financial institution\ndeduction orders\n116Z Financial institution deduction order 115\n116ZA Property seizure order 116\n116ZB Property seizure order—authority to enter premises etc 116\n116ZC Property seizure order—sale of seized property 118\n116ZD Property seizure order—restoration application 119\n116ZE Voluntary community work order 120\n116ZF Voluntary community work order—administration 121\n116ZG Voluntary community work order—rate of discharge of outstanding fine 122\n116ZH Voluntary community work order—noncompliance 122\n116ZI Voluntary community work order—certificate of completion 123\n116ZJ Voluntary community work order—ends if outstanding fine paid 123\n116ZK Imprisonment order 123\n116ZM Imprisonment—rate of discharge of outstanding fine 124\n116ZN Imprisonment—release if outstanding fine paid 125\n116ZO Remission of fine by director-general 126\n116ZP Time served in custody to count 127\n116ZQ Reparation order agreements 127\n116ZR Apportionment of fine amounts 128\n116ZS Conviction or order quashed or set aside 128\n\nPage\ncontents 10 Crimes (Sentence Administration) Act 2005\n116ZT Sharing information 129\n116ZU Orders may be made on conditions 129\n117 Definitions—ch 7 130\n118 Meaning of parole eligibility date 131\n118A Parole—meaning of registered victim and victim 131\n119 Application—pt 7.2 132\n120 Criteria for making parole orders 132\n121 Applications for parole 133\n122 Board may reject parole application without inquiry 134\n123 Board to seek victim’s views for parole inquiry 135\n124 Notice to victims for parole inquiry 137\n125 Parole applications—inquiry without hearing 138\n126 Parole applications—decision after inquiry without hearing 139\n127 Parole applications—notice of hearing 140\n128 Parole applications—failure of offender to participate in hearing 141\n129 Parole applications—decision after hearing 141\n130 Parole orders may include conditions 142\n131 When parole orders take effect 142\n132 Explanation of parole order 142\n133 Notice of decisions on parole applications 143\n134 Application—pt 7.3 145\n135 Release authorised by parole order 145\n136 Parole obligations 145\n137 Parole order—core conditions 146\n138 Parole—director-general directions 147\n138A Parole—alcohol and drug tests 148\n\nPage\ncontents 11\n139 Parole—effect of custody during order 148\n140 Parole—when time is served against sentence 149\n141 Parole—end of order 149\n142 Application—pt 7.4 150\n143 Corrections officers to report breach of parole obligations 150\n144 Arrest without warrant—breach of parole obligations 150\n145 Arrest warrant—breach of parole obligations 151\n146 Board inquiry—breach of parole obligations 151\n147 Notice of inquiry—breach of parole obligations 152\n148 Board powers—breach of parole obligations 152\n149 Automatic cancellation of parole order for ACT offence 153\n150 Cancellation of parole order for non-ACT offence 154\n151 Cancellation after parole order has ended 154\n152 Exercise of board functions after parole ended 155\n153 Board inquiry—management of parole 155\n154 Notice of inquiry—management of parole 156\n155 Parole order—commencement suspended before parole release date 156\n156 Board powers—management of parole 157\n157 Notice of board decisions about parole 159\n158 When changes to parole obligations take effect 160\n159 When board cancellation of parole order takes effect 160\n160 Parole order—effect of cancellation 160\n161 Cancellation of parole—recommittal to full-time detention 161\n161A Application—pt 7.5A 163\n161B Definitions—pt 7.5A 163\n\nPage\ncontents 12 Crimes (Sentence Administration) Act 2005\n161C General rule 165\n161D Exceptions—certain ACT offences 165\n161E Exceptions—certain non-ACT offences 166\n161F Appeal to Supreme Court—order by board 167\n161G Working out parole time credit—general rule 168\n161H Working out parole time credit—exceptions 169\n161I Parole time credit—shortest period to apply 169\n162 Definitions—pt 7.6 171\n163 Parole order transfer—declaration of corresponding parole laws 172\n164 Parole order transfer—registration requests 172\n165 Parole order transfer—documents for registration requests 172\n166 Parole order transfer—consideration of requests 173\n167 Parole order transfer—registration 174\n168 Parole order transfer—effect of registration under this Act 175\n169 Parole order transfer—effect of transfer to another jurisdiction 177\n170 Parole order transfer—evidence of registration 177\nPart 8.1 Establishment, functions and constitution of\nboard\n171 Establishment of board 178\n172 Functions of board 178\n173 Members of board 178\n174 Appointment of board members 179\n175 Conditions of appointment of board members 180\n176 Term of appointment of board member 180\n177 Disclosure of interests by board members 180\n178 Ending board member appointments 183\n179 Protection from liability for board members etc 184\n\nPage\ncontents 13\n179A Delegation by chief police officer 184\n180 Meaning of board’s supervisory functions 185\n181 Exercise of board’s supervisory functions 185\n182 Constitution of divisions of board 185\n183 Time and place of board meetings 187\n184 Presiding member at board meetings 187\n185 Quorum at board meetings 187\n186 Voting at board meetings 187\n187 Conduct of board meetings 188\n188 Authentication of board documents 188\n189 Evidentiary certificate about board decisions 189\n190 Proof of certain board-related matters not required 189\n191 Board secretary 189\n192 Confidentiality of board information 189\n193 Meaning of inquiry 191\n194 Application of Criminal Code, ch 7 191\n195 Board inquiries and hearings 191\n196 Conduct of inquiry 192\n197 Submissions for inquiry 193\n198 Board may require official reports 193\n199 Board may require information and documents 193\n200 Expenses—production of documents etc 194\n201 Possession of inquiry documents etc 195\n202 Record of inquiry 195\n203 Application—pt 9.2 196\n\nPage\ncontents 14 Crimes (Sentence Administration) Act 2005\n204 Notice of board hearing 196\n205 Appearance by offender at board hearing 196\n206 Arrest of offender for board hearing 197\n207 Appearance at board hearing by audiovisual or audio link 198\n208 Evidence at board hearings etc 199\n209 Offender’s rights at board hearing 200\n210 Custody of offender during board hearing adjournment 200\n211 Record of board hearings 201\n212 Protection of witnesses etc at board hearings 202\n213 Meaning of registered victim 203\n214 Meaning of victim 203\n215 Victims register—offenders other than young offenders 204\n215A Victims register—young offenders 204\n216 Disclosures to registered victims—offenders other than young\noffenders 205\n216A Disclosures to registered victims—young offenders 206\n217 Definitions—pt 11.1 208\n218 Interstate transfer—meaning of sentence of imprisonment etc 212\n219 Interstate transfer—person subject to sentence of imprisonment 212\n220 Interstate transfer—effect of warrant of commitment issued by justice\nof the peace 213\n221 Interstate transfer—corresponding courts and interstate laws 214\n222 Interstate transfer—requests from ACT and joint prisoners for transfer\nto participating state 214\n223 Interstate transfer—requests from ACT and joint prisoners for transfer\nto non-participating territory 215\n\nPage\ncontents 15\n224 Interstate transfer—effect of div 11.1.2 orders on joint prisoners 216\n225 Interstate transfer—repeated requests for transfer 217\n226 Interstate transfer—receipt of request for transfer to ACT 217\n227 Interstate transfer—reports 218\n228 Interstate transfer—request for transfer to participating state 218\n229 Interstate transfer—necessary consents 220\n230 Interstate transfer—order for prisoner to be brought before Magistrates\nCourt 220\n231 Interstate transfer—order of transfer 221\n232 Interstate transfer—review of Magistrates Court decision 221\n233 Interstate transfer—effect of div 11.1.3 orders on joint prisoners 222\n234 Interstate transfer—execution of orders for prisoners to be brought\nbefore courts 223\n235 Interstate transfer—request by Attorney-General for transfer of\nimprisoned person to ACT 223\n236 Interstate transfer—request by imprisoned person for transfer to ACT 223\n237 Interstate transfer—return of prisoner to participating state 224\n238 Interstate transfer—prisoner’s request to serve sentence in ACT 226\n239 Interstate transfer—effect of div 11.1.4 orders on joint prisoners 227\n240 Interstate transfer—transfer in custody of escort 228\n241 Interstate transfer—transfer of sentence with prisoner 229\n242 Interstate transfer—information sent to participating state 229\n243 Interstate transfer—translated sentences 230\n244 Interstate transfer—operation of translated sentences generally 231\n245 Interstate transfer—indeterminate translated sentences 232\n246 Interstate transfer—effect of translated sentences before transfer to\nACT 232\n247 Interstate transfer—default imprisonment for translated sentences 233\n248 Interstate transfer—notification to prisoners of decisions 234\n249 Interstate transfer—lawful custody for transit through ACT 235\n250 Interstate transfer—escape from custody of person being transferred 236\n\nPage\ncontents 16 Crimes (Sentence Administration) Act 2005\n251 Interstate transfer—offence for escape from custody 237\n252 Interstate transfer—revocation of order of transfer on escape from\ncustody 238\nPart 11.2 International transfer of prisoners\n253 International transfer—object of pt 11.2 239\n254 International transfer—meaning of Commonwealth Act 239\n255 International transfer—terms defined Commonwealth Act 239\n256 International transfer—Minister’s functions 239\n257 International transfer—functions of prison officers, police officers etc 239\n258 International transfer—arrangements for administration of\nCommonwealth Act 240\n259 International transfer—prisoners transferred to Australia 240\n260 International transfer—prisoners transferred from Australia 241\nPart 12.1 Transfer of community-based sentences—\ngeneral\n261 Community-based sentence transfer—purpose of ch 12 242\n262 Community-based sentence transfer—application of ch 12 242\n263 Community-based sentence transfer—definitions ch 12 243\nPart 12.2 Transfer of community-based sentences—\nimportant concepts\n264 Meaning of community-based sentence 244\n265 Community-based sentence transfer—jurisdictions and participating\njurisdictions 244\n266 Community-based sentence transfer—local and interstate sentences 245\n267 Meaning of corresponding community-based sentence law 245\n268 Community-based sentence transfer—local and interstate authorities 246\nPart 12.3 Transfer of community-based sentences—\nadministration\n269 Community-based sentence transfer—appointment of local authority 247\n\nPage\ncontents 17\n270 Community-based sentence transfer—delegation by local authority 247\n271 Community-based sentence transfer—local register 247\nPart 12.4 Transfer of community-based sentences—\nregistration of interstate sentences in ACT\n272 Community-based sentence transfer—request for transfer of interstate\nsentence 248\n273 Community-based sentence transfer—form of request for registration 248\n274 Community-based sentence transfer—request for additional\ninformation 250\n275 Community-based sentence transfer—withdrawal of offender’s\nconsent 250\n276 Community-based sentence transfer—registration criteria 250\n277 Community-based sentence transfer—decision on request 251\n278 Community-based sentence transfer—preconditions for registration 253\n279 Community-based sentence transfer—how interstate sentence\nregistered 253\n280 Community-based sentence transfer—notice of registration 254\n281 Community-based sentence transfer—effect of registration generally 254\nPart 12.5 Transfer of community-based sentences—\nregistration of ACT sentences interstate\n282 Community-based sentence transfer—request for transfer of local\nsentence 256\n283 Community-based sentence transfer—response to request for\nadditional information 256\n284 Community-based sentence transfer—effect of interstate registration 256\nPart 12.6 Transfer of community-based sentences—\nother provisions\n285 Community-based sentence transfer—inaccurate information about\nlocal sentence registered interstate 258\n286 Community-based sentence transfer—dispute about accuracy of\ninformation in interstate register 258\n287 Community-based sentence transfer—evidentiary certificates for\nregistration and registered particulars 259\n\nPage\ncontents 18 Crimes (Sentence Administration) Act 2005\nDivision 13.1.1 Release on licence—general\n288 Application—pt 13.1 261\n289 Definitions—pt 13.1 261\n290 Release on licence—request for board recommendation 261\n291 Release on licence—notice of board inquiry 262\n292 Release on licence—board to seek victim’s views 262\n293 Release on licence—criteria for board recommendations 264\n294 Release on licence—board recommendations 266\n295 Release on licence—decision by Executive 266\n296 Release on licence—grant 267\n297 Explanation of licence 267\n298 Release on licence—notice of Executive decision 268\n299 Release authorised by licence 269\n300 Release on licence obligations 270\n301 Release on licence—core conditions 270\n302 Release on licence—director-general directions 272\n302A Release on licence—alcohol and drug tests 272\n303 Release on licence—sentence not discharged 272\n303A Corrections officers to report breach of release on licence obligations 272\n304 Arrest without warrant—breach of release on licence obligations 273\n305 Arrest warrant—breach of release on licence obligations 273\n306 Board inquiry—review of release on licence 274\n307 Board inquiry—notice of review of release on licence 275\n308 Board powers—review of release on licence 275\n309 Release on licence—automatic cancellation of licence for ACT offence 276\n310 Release on licence—cancellation of licence for non-ACT offence 276\n311 Release on licence—notice of board’s decision on review 277\n312 Cancellation of licence—recommittal to full-time detention 277\n\nPage\ncontents 19\nPart 13.2 Remissions and pardons\n313 Remission of penalties 279\n314 Grant of pardons 279\n314A Prerogative of mercy 279\n315 Definitions—ch 14 280\n316 Meaning of community service work 280\n317 Protection from liability for people involved in community service work 281\n318 Community service work not to displace employees 282\n319 No employment contract for community service work 282\n320 Community service work—work health and safety 282\n320A Purpose—ch 14A 284\n320B Youth justice principles to be considered 284\n320C Young offenders and remandees—references to correctional centre\nand Corrections Management Act 285\n320D Young offenders and remandees—references to director-general 285\n320E Young remandees—remand to be at detention place 286\n320F Young offenders—administration of sentences other than\nimprisonment 286\n320G Young offenders—breach of good behaviour obligations 286\n320H Sentencing court to deal with breaches 287\n320I Young offenders—transfer 287\n320J Young offenders—transfer of community-based sentences 287\nPart 14A.2 Young offenders—accommodation orders\n320K Accommodation orders—contraventions 288\n320L Accommodation orders—resentencing for breach 288\n\nPage\ncontents 20 Crimes (Sentence Administration) Act 2005\n","sortOrder":0},{"sectionNumber":"321","sectionType":"section","heading":"Director-general directions—general 289","content":"321 Director-general directions—general 289\n321AA Director-general to give information—detainees etc subject to forensic\nmental health orders 289\n321A Evidentiary certificates 290\n322 Criminology or penology research 292\n323 Determination of fees 294\n324 Approved forms 294\n325 Regulation-making power 294\nDictionary 295\n1 About the endnotes 308\n2 Abbreviation key 308\n3 Legislation history 309\n4 Amendment history 319\n5 Earlier republications 352\n6 Expired transitional or validating provisions 358\n\nAn Act to consolidate and reform the law about the administration of sentences,\nand for other purposes\n\nPreamble\nPreamble\n","sortOrder":1},{"sectionNumber":"1","sectionType":"section","heading":"The inherent dignity of all human beings, whatever their personal or","content":"1 The inherent dignity of all human beings, whatever their personal or\nsocial status, is one of the fundamental values of a just and democratic\nsociety.\n","sortOrder":2},{"sectionNumber":"2","sectionType":"section","heading":"The criminal justice system should respect and protect all human","content":"2 The criminal justice system should respect and protect all human\nrights in accordance with the Human Rights Act 2004 and\ninternational law.\n","sortOrder":3},{"sectionNumber":"3","sectionType":"section","heading":"Sentences are imposed on offenders as punishment, not for","content":"3 Sentences are imposed on offenders as punishment, not for\npunishment.\n","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"The management of sentenced offenders, and people remanded or","content":"4 The management of sentenced offenders, and people remanded or\notherwise detained in lawful custody, should contribute to the\nmaintenance of a just and democratic society, particularly as follows:\n(a) by ensuring justice, security and good order in the correctional\nsystem;\n(b) by ensuring that the harm suffered by victims, and their need for\nprotection, are considered appropriately in making decisions\nabout the management of offenders;\n(c) by promoting the rehabilitation of offenders and their\nreintegration into society;\n(d) by ensuring that offenders, remandees and other people detained\nin lawful custody are treated in a decent, humane and just way.\nThe Legislative Assembly for the Australian Capital Territory therefore enacts as\n\nPreliminary Chapter 1\n1 Name of Act\nThis Act is the Crimes (Sentence Administration) Act 2005.\n3 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere in this Act.\nFor example, the signpost definition ‘community service work—see\nsection 316.’ means that the term ‘community service work’ is defined in\nthat section.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n4 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\n","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Offences against Act—application of Criminal Code etc","content":"5 Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n\nObject and principles Chapter 2\n","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Main object of Act","content":"6 Main object of Act\nThe main object of this Act is to ensure, as far as practicable, that\nsentences are given effect in accordance with this Act and the\nCorrections Management Act 2007.\n","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Treatment of sentenced offenders","content":"7 Treatment of sentenced offenders\n(1) Functions under this Act in relation to a sentenced offender must be\nexercised, as far as practicable, as follows:\n(a) to respect and protect the offender’s human rights;\n(b) to ensure the offender’s decent, humane and just treatment;\n(c) to preclude torture or cruel, inhuman or degrading treatment;\n(d) to promote the offender’s rehabilitation and reintegration into\nsociety.\n(2) Also, functions under this Act in relation to an offender serving a\nsentence of imprisonment must be exercised, as far as practicable, to\nensure—\n(a) the offender is not subject to further punishment (in addition to\ndeprivation of liberty) only because of the conditions of\ndetention; and\n(b) the offender’s conditions in detention comply with the\nrequirements under the Corrections Management Act 2007.\n\n","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Treatment of remandees","content":"8 Treatment of remandees\n(1) Functions under this Act in relation to a remandee must be exercised,\nas far as practicable, as follows:\n(a) to recognise and respect that the remandee must be presumed\ninnocent of the offence for which the remandee is remanded;\n(b) to respect and protect the remandee’s human rights;\n(c) to ensure the remandee’s decent, humane and just treatment;\n(d) to preclude torture or cruel, inhuman or degrading treatment.\n(2) Also, functions under this Act in relation to a remandee’s detention\nmust be exercised, as far as practicable, as follows:\n(a) to recognise and respect that the detention is not imposed as\npunishment of the remandee;\n(b) to ensure the remandee is not subject to punishment only\nbecause of the conditions of detention;\n(c) to ensure the remandee’s conditions in detention comply with\nthe requirements under the Corrections Management Act 2007.\n(3) Subsections (1) (a) and (2) (a) do not apply if the remandee has been\nconvicted or found guilty of the offence for which the remandee is\nremanded.\n1 a convicted person remanded in custody for sentencing\n2 a paroled offender remanded in custody under s 210 (Custody of offender\nduring board hearing adjournment)\n(4) This section does not apply to the remandee if the remandee is an\noffender under a sentence of imprisonment in relation to another\n\nObject and principles Chapter 2\n","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Treatment of other people in custody","content":"9 Treatment of other people in custody\n(1) This section applies to a person (other than a sentenced offender or\nremandee) detained in lawful custody under a territory law or a law\nof the Commonwealth, a State or another Territory.\n1 a person held on a warrant issued under the Royal Commissions Act 1991, s 35\n(Apprehension of witnesses failing to appear)\n2 an interstate prisoner on leave in the ACT held in custody overnight\n(2) Functions under this Act in relation to the person must be exercised,\nas far as practicable, as follows:\n(a) to recognise and facilitate the purpose for which the person is\ndetained;\n(b) to respect and protect the person’s human rights;\n(c) to ensure the person’s decent, humane and just treatment;\n(d) to preclude torture or cruel, inhuman or degrading treatment.\n(3) Also, functions under this Act in relation to the person must be\nexercised, as far as practicable, as follows:\n(a) to ensure the person is not subject to punishment only because\nof the conditions of detention;\n(b) to ensure the person’s conditions in detention comply with the\nrequirements under the Corrections Management Act 2007.\n(4) This Act applies in relation to the person as a full-time detainee, with\nany changes prescribed by regulation.\n\n","sortOrder":10},{"sectionNumber":"Part 3","sectionType":"part","heading":"Imprisonment and remand—","content":"Chapter 3 Imprisonment and remand—\ncommittal\n","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Application—pt 3.1","content":"10 Application—pt 3.1\n(1) This part applies if—\n(a) a court (a committing authority) makes an order (a committal\norder) sentencing an offender to imprisonment that, under a\nterritory law, must be served by full-time detention; or\n(b) the board (also a committing authority) makes an order (also a\ncommittal order) in relation to an offender under any of the\nfollowing provisions:\n(i) section 72 (Suspension or cancellation of intensive\ncorrection order—recommittal to full-time detention);\n(ii) section 161 (Cancellation of parole—recommittal to\nfull-time detention);\n(iii) section 312 (Cancellation of licence—recommittal to\nfull-time detention).\n(2) A reference in this section to a court sentencing an offender to\nimprisonment includes—\n(a) an entity prescribed by regulation sentencing an offender to\n(b) a court ordering the imprisonment of a fine defaulter under\nsection 116ZK.\nNote ACT courts have federal jurisdiction in criminal matters (including\nsentencing) under the Judiciary Act 1903 (Cwlth). See particularly that\nAct, s 68 (Jurisdiction of State and Territory courts in criminal cases).\n\nImprisonment Part 3.1\n","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Effect of committal order","content":"11 Effect of committal order\nThe committal order—\n(a) authorises the director-general to have custody of the offender\n(b) requires the director-general to—\n(i) take the offender into custody; and\n(ii) keep the offender imprisoned under full-time detention\nuntil released under this Act or another territory law.\n","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Warrant for imprisonment","content":"12 Warrant for imprisonment\n(1) The committing authority must issue a warrant for the imprisonment\nof the offender in the director-general’s custody.\n(2) The warrant—\n(a) must be addressed to the director-general; and\n(b) may be signed by a person authorised by the committing\nauthority.\nNote If a form is approved under the Court Procedures Act 2004 for a warrant\nby a court, the form must be used (see that Act, s 8 (2)).\n","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Custody of sentenced offender","content":"13 Custody of sentenced offender\nThe director-general must keep the offender imprisoned under\nfull-time detention under this Act and the Corrections Management\nAct 2007 until released under this Act or another territory law.\n","sortOrder":15},{"sectionNumber":"14","sectionType":"section","heading":"Imprisonment not affected by want of proper warrant","content":"14 Imprisonment not affected by want of proper warrant\nThe validity of the offender’s imprisonment under this Act or the\nCorrections Management Act 2007 is not affected by any failure to\nissue a proper warrant of imprisonment, if the imprisonment is in\naccordance with the committing authority’s committal order.\n\n","sortOrder":16},{"sectionNumber":"15","sectionType":"section","heading":"Application—pt 3.2","content":"15 Application—pt 3.2\n(1) This part applies if any of the following (a remanding authority)\norders the remand of a person (the remandee) in custody under a\nterritory law:\n(a) a court;\n(b) a magistrate;\n(c) the board;\n(d) an entity prescribed by regulation.\n(2) To remove any doubt, this part also applies to the remand of a person\n(also the remandee) during an adjournment in a proceeding before a\nremanding authority, whether the remand is for less than a day or for\n1 day or more.\n16 Effect of remand order\nThe remanding authority’s order for remand—\n(a) authorises the director-general to have custody of the remandee\n(b) requires the director-general to—\n(i) take the remandee into custody; and\n(ii) keep the remandee in custody under full-time detention\n(iii) return the remandee to the remanding authority as required\nby the order.\n\nRemand Part 3.2\n","sortOrder":17},{"sectionNumber":"17","sectionType":"section","heading":"Warrant for remand","content":"17 Warrant for remand\n(1) The remanding authority must issue a warrant for the remand of the\nremandee in the director-general’s custody.\n(2) The warrant—\n(a) must be addressed to the director-general; and\n(b) may be signed by a person authorised by the remanding\nauthority.\nNote If a form is approved under the Court Procedures Act 2004 for a warrant\nby a court, the form must be used (see that Act, s 8 (2)).\n(3) The warrant—\n(a) may state any considerations about the remand to which the\ndirector-general must have regard; and\n(b) must state—\n(i) when and where the remanding authority orders the return\nof the remandee to the remanding authority; or\n(ii) that the remanding authority order the return of the\nremandee—\n(A) to the remanding authority at the time and place\ndecided by the registrar; or\n(B) to another remanding authority at the time and place\ndecided by the registrar.\nExamples of considerations under par (a)\n1 the remandee’s need for access to legal representatives or other people in\nrelation to the proceeding before the remanding authority\n2 the likelihood of the remandee having to be brought before a court or\nmagistrate, or the board, in some other proceeding\n\n","sortOrder":18},{"sectionNumber":"18","sectionType":"section","heading":"Custody of remandee","content":"18 Custody of remandee\n(1) The director-general must—\n(a) keep the remandee in custody under full-time detention under\nthis Act and the Corrections Management Act 2007 under the\norder for remand; and\n(b) return the remandee to the remanding authority, or another\nremanding authority, as ordered by the remanding authority.\nNote For a young remandee, see s 320E.\n(2) The director-general must ensure that the remandee is held in custody\nin the place that the director-general decides is the most appropriate.\n(3) For subsection (2)—\n(a) the director-general must have regard to the following:\n(i) the remanding authority’s order for remand;\n(ii) any considerations about the remand stated in the warrant\nby the remanding authority;\n(iii) whether the remandee is also a sentenced offender;\n(iv) the availability of suitable places of custody;\n(v) the practicality of moving the remandee to and from the\nplace of custody to satisfy the remanding authority’s order\nfor the return of the remandee; and\n(b) the director-general may have regard to anything else the\ndirector-general considers relevant.\n\nRemand Part 3.2\n","sortOrder":19},{"sectionNumber":"19","sectionType":"section","heading":"Remand not affected by want of proper warrant","content":"19 Remand not affected by want of proper warrant\nThe validity of the remandee’s remand in custody under full-time\ndetention under this Act or the Corrections Management Act 2007 is\nnot affected by any failure to issue a proper warrant of remand, if the\nremand is in accordance with the remanding authority’s order for\nremand.\n\n","sortOrder":20},{"sectionNumber":"20","sectionType":"section","heading":"Directions to escort officers","content":"20 Directions to escort officers\n(1) For this chapter, the director-general may give directions to an escort\nofficer in relation to an offender or remandee, including directions to\ntake the offender or remandee into custody or to a place stated in the\n(2) Without limiting the authority that may be given by a direction under\nsubsection (1), the direction authorises the escort officer to have\ncustody of, and deal with, the offender or remandee in accordance\nwith the direction.\n","sortOrder":21},{"sectionNumber":"21","sectionType":"section","heading":"Orders to bring offender or remandee before court etc","content":"21 Orders to bring offender or remandee before court etc\n(1) This chapter is additional to, and does not limit, any other power of a\ncourt or other entity to require an offender, remandee or other person\nto be brought before the court or entity.\n(2) Without limiting subsection (1), the director-general must arrange for\nan offender, remandee or other person in the director-general’s\ncustody to be brought before a court or other entity in accordance with\nany order or direction (however described) of the court or entity.\n\nGeneral Part 4.1\n","sortOrder":22},{"sectionNumber":"22","sectionType":"section","heading":"Application—ch 4","content":"22 Application—ch 4\n(1) This chapter applies to a person (a full-time detainee) if the person\nis—\n(a) an offender in the director-general’s custody because of\nsection 11 (Effect of committal order); or\n(b) a remandee in the director-general’s custody because of\nsection 16 (Effect of remand order).\n(2) A reference in this chapter to an offender is a reference to the\nfull-time detainee if—\n(a) subsection (1) (a) applies to the detainee; or\n(b) subsection (1) (b) applies to the full-time detainee but the\noffender is not a remandee under subsection (3).\n(3) A reference in this chapter to a remandee is a reference to the\nfull-time detainee if—\n(a) subsection (1) (b) applies to the full-time detainee; and\n(b) the full-time detainee—\n(i) has not been convicted or found guilty of the offence for\nwhich the detainee is remanded; or\n(ii) is not serving a sentence of imprisonment by full-time\ndetention for another offence.\n\n","sortOrder":23},{"sectionNumber":"23","sectionType":"section","heading":"Definitions—ch 4","content":"23 Definitions—ch 4\n(1) In this Act:\nrecommitted, for an offender, means placed in the director-general’s\ncustody because of an order under any of the following provisions:\n(a) section 72 (Suspension or cancellation of intensive correction\norder—recommittal to full-time detention);\n(b) section 161 (Cancellation of parole—recommittal to full-time\ndetention);\n(c) section 312 (Cancellation of licence—recommittal to full-time\ndetention).\nrelease date, for an offender for a sentence, means the day the term\nof the sentence ends.\nNote The term of a sentence includes the term of the sentence as amended (see\ndict).\n(2) In this chapter:\nfull-time detainee—see section 22 (1).\noffender—see section 22 (2).\nremandee—see section 22 (3).\n\n","sortOrder":24},{"sectionNumber":"24","sectionType":"section","heading":"Full-time detention obligations","content":"24 Full-time detention obligations\n(1) An offender must serve the period of imprisonment set by the\nsentencing court by full-time detention in accordance with this Act\nand the Corrections Management Act 2007.\n(2) If an offender is recommitted to the director-general’s custody, the\noffender must serve the period of imprisonment for which the\noffender has been recommitted by full-time detention in accordance\nwith this Act and the Corrections Management Act 2007.\n(3) An offender must also comply with any requirement or direction\nunder this Act, or the Corrections Management Act 2007, that applies\nto the offender as a full-time detainee.\n(4) A remandee must spend the period of remand in full-time detention\nin accordance with this Act and the Corrections Management\nAct 2007.\n(5) A remandee must also comply with any requirement or direction\nunder this Act, or the Corrections Management Act 2007, that applies\nto the remandee as a full-time detainee.\n","sortOrder":25},{"sectionNumber":"25","sectionType":"section","heading":"Full-time detention—director-general directions","content":"25 Full-time detention—director-general directions\nwriting, to a full-time detainee.\n\n","sortOrder":26},{"sectionNumber":"26","sectionType":"section","heading":"Full-time detention in ACT or NSW","content":"26 Full-time detention in ACT or NSW\n(1) The director-general must arrange for a full-time detainee to be kept\nin full-time detention at—\n(a) an ACT correctional centre; or\n(b) a NSW correctional centre.\n(2) For this section, the director-general may, in writing, direct that a\nfull-time detainee—\n(a) be detained at the ACT correctional centre stated in the\ndirection; or\n(b) be removed to a NSW correctional centre stated in the direction.\nNote The reference to an ACT correctional centre is, in relation to a\nCYP young offender, a reference to a detention place under the Children\nand Young People Act 2008. A CYP young offender is a young offender\nrequired under the Crimes (Sentencing) Act 2005, section 133H to serve\nhis or her sentence of imprisonment at a detention place (see this Act,\ns 320C).\n","sortOrder":27},{"sectionNumber":"27","sectionType":"section","heading":"Guidelines—allocation of detainees to correctional","content":"27 Guidelines—allocation of detainees to correctional\ncentres\n(1) The director-general may make guidelines in relation to the allocation\nof full-time detainees to correctional centres.\n(2) Without limiting subsection (1), guidelines may include provision\nabout—\n(a) which correctional centres are to be used for accommodating\nfull-time detainees; and\n(b) the transfer of full-time detainees between correctional centres.\n(3) A guideline is a notifiable instrument.\ncorrectional centre includes a NSW correctional centre.\n\n","sortOrder":28},{"sectionNumber":"28","sectionType":"section","heading":"Work and activities by full-time detainee","content":"28 Work and activities by full-time detainee\n(1) The director-general may direct an offender, orally or in writing—\n(a) to participate in an activity that the director-general considers\ndesirable for the offender’s welfare or training; or\n(b) to do work at a correctional centre, or community service work\noutside a correctional centre, that the director-general considers\n(2) However, an offender is not required to do work (including\ncommunity service work) or an activity the offender is not capable of\ndoing.\n(3) The director-general may allow a remandee to do work at a\ncorrectional centre, or community service work outside a correctional\ncentre, that the director-general considers suitable for the remandee.\nNote A regulation may prescribe work to be community service work (see\ns 316).\n","sortOrder":29},{"sectionNumber":"29","sectionType":"section","heading":"Custody of full-time detainee—lawful absence from","content":"29 Custody of full-time detainee—lawful absence from\ncorrectional centre\nWhile lawfully absent from a correctional centre, a full-time\ndetainee—\n(a) remains in the director-general’s custody; and\n(b) if under escort by an escort officer—is also taken to be in the\nescort’s custody.\nExamples of lawful absence from correctional centre\n1 while doing community service work\n2 while being moved to a correctional centre, court, hospital or other place under\ndirection by the director-general\n\n","sortOrder":30},{"sectionNumber":"30","sectionType":"section","heading":"Unlawful absence by offender—extension of sentence","content":"30 Unlawful absence by offender—extension of sentence\nIf an offender is unlawfully absent from a correctional centre or other\nplace during the term of the offender’s sentence of imprisonment, the\nabsence is not to be counted in working out the period of the sentence\nserved by the offender.\nExamples of unlawful absence\nthe offender fails to return to a correctional centre as required after community\nservice work or approved leave\n","sortOrder":31},{"sectionNumber":"31","sectionType":"section","heading":"Early release of offender","content":"31 Early release of offender\n(1) This section applies if the term of an offender’s sentence of\nimprisonment is longer than 6 months.\n(2) The director-general may, in writing, direct that the offender be\nreleased from imprisonment—\n(a) if the term of the sentence is less than 1 year—on any day within\nthe 7-day period before the offender’s release date; or\n(b) if the term of the sentence is 1 year or longer—on any day within\nthe 14-day period before the offender’s release date.\n(3) For subsection (2), the director-general may have regard to any of the\n(a) the offender’s conduct while serving the sentence;\n(b) any compassionate, health or employment-related\ncircumstances applying to the offender;\n(c) the management of the correctional centre where the offender is\ndetained;\n(d) anything else that the director-general considers appropriate.\n\n(4) If the director-general gives a direction under subsection (2)—\n(a) the offender may be released from imprisonment at any time on\nthe day stated in the direction; and\n(b) the offender’s sentence is taken to have ended when the offender\nis released under the direction.\n","sortOrder":32},{"sectionNumber":"32","sectionType":"section","heading":"Release at end of sentence","content":"32 Release at end of sentence\n(1) An offender must be released from imprisonment on the offender’s\nrelease date for the sentence.\n(2) The offender may be released from imprisonment at any time on the\nrelease date.\n(3) However, if the release date is not a working day at the place of\nimprisonment, the offender may be released from imprisonment at\nany time during the last working day at that place before the release\ndate if the offender asks to be released on that day.\n(4) If the offender is released under subsection (3), the offender’s\nsentence is taken to have ended when the offender is released under\nthat subsection.\n","sortOrder":33},{"sectionNumber":"33","sectionType":"section","heading":"Offender not to be released if serving another sentence","content":"33 Offender not to be released if serving another sentence\netc\n(1) An offender must not be released under section 31 or section 32 if—\n(a) on the release date for the offender’s sentence (the current\nsentence), the offender is subject to another sentence of\nimprisonment to be served by full-time detention; and\n(b) under the other sentence, the offender must be kept in full-time\ndetention on or immediately after the release date for the current\nsentence.\n\n(2) Also, the offender must not be released under section 31 or section 32\nif, on the release date for the current sentence, the offender is\notherwise required to be kept in custody in relation to an offence\nagainst a law of the Commonwealth, a State or another Territory.\n\nFull-time detention in NSW Part 4.3\n","sortOrder":34},{"sectionNumber":"34","sectionType":"section","heading":"Application—pt 4.3","content":"34 Application—pt 4.3\nThis part applies if the director-general directs under section 26\n(Full-time detention in ACT or NSW) that a full-time detainee be\nremoved to a NSW correctional centre.\n","sortOrder":35},{"sectionNumber":"35","sectionType":"section","heading":"Removal of full-time detainee to NSW","content":"35 Removal of full-time detainee to NSW\nThe direction is authority for an escort officer to transport the\nfull-time detainee in custody to the NSW correctional centre stated in\nthe direction.\n","sortOrder":36},{"sectionNumber":"36","sectionType":"section","heading":"Full-time detention in NSW","content":"36 Full-time detention in NSW\n(1) A full-time detainee may be kept in full-time detention at the NSW\ncorrectional centre stated in the direction, or at any other NSW\ncorrectional centre, until the detainee is released from imprisonment\nunder this Act or another territory law.\n(2) If the full-time detainee is serving a sentence of imprisonment, the\ndetainee—\n(a) is taken, while in full-time detention at a NSW correctional\ncentre, to be serving the sentence of imprisonment at a\ncorrectional centre as required by the Crimes (Sentencing)\nAct 2005, section 10 (3) (Imprisonment); but\n(b) until released from imprisonment under this Act or another\nterritory law, may be dealt with as if the detainee’s sentence\nwere a sentence imposed under New South Wales law.\n(3) Despite subsection (2) (b)—\n(a) the following provisions of this Act apply in relation to the\nfull-time detainee:\n(i) section 30 (Unlawful absence by offender—extension of\nsentence);\n\n(ii) section 31 (Early release of offender);\n(iii) section 32 (Release at end of sentence);\n(iv) section 33 (Offender not to be released if serving another\nsentence etc);\n(v) chapter 7 (Parole);\n(vi) section 198 (Board may require official reports);\n(vii) chapter 13 (Release on licence, remission and pardon);\n(viii) a provision prescribed by regulation; and\n(b) the following provisions of the Corrections Management\nAct 2007 apply in relation to the detainee:\n(i) section 94 (Segregated detainees removed to NSW);\n(ii) a provision prescribed by regulation.\nNote The Crimes (Administration of Sentences) Act 1999 (NSW), s 44 makes\nprovision for ACT law to apply in relation to the full-time detainee.\n","sortOrder":37},{"sectionNumber":"37","sectionType":"section","heading":"Full-time detention—return from NSW","content":"37 Full-time detention—return from NSW\n(1) The director-general may, in writing, direct that the full-time detainee\nbe returned to the ACT.\n(2) Without limiting subsection (1), if the full-time detainee asks the\ndirector-general to be released in the ACT from imprisonment under\nthis Act or another territory law, the director-general may direct that\nthe detainee be returned to the ACT for the release.\n(3) A direction is authority for an escort officer to transport the full-time\ndetainee in custody for return to the ACT.\n(4) The full-time detainee must be held in custody by an escort officer,\nor in detention at a correctional centre, until released from\nimprisonment under this Act or another territory law or returned to a\nNSW correctional centre.\n\nFull-time detention in NSW Part 4.3\n(5) If the full-time detainee is not released, the director-general’s\ndirection is also authority for an escort officer to return the detainee\nto a NSW correctional centre.\n(6) If the full-time detainee is returned to a NSW correctional centre\nunder subsection (5), the detainee must be dealt with as if the detainee\nhad not been returned to the ACT.\n(7) To remove any doubt, this section does not apply if the full-time\ndetainee is transferred to New South Wales under part 11.1 (Interstate\ntransfer of prisoners).\nrelease includes—\n(a) release under part 7.3 (Release under parole order); and\n(b) release under chapter 13 (Release on licence, remission and\npardon), whether by release on licence or because of a remission\nor pardon.\n","sortOrder":38},{"sectionNumber":"38","sectionType":"section","heading":"Full-time detention—release in NSW","content":"38 Full-time detention—release in NSW\n(1) If the full-time detainee is released from imprisonment in New South\nWales under this Act or another territory law, the detainee is entitled\nto be returned to the ACT at the cost of the Territory.\nrelease—see section 37 (8).\n\n","sortOrder":39},{"sectionNumber":"39","sectionType":"section","heading":"Application—ch 5","content":"39 Application—ch 5\nThis chapter applies to an offender sentenced to imprisonment if the\nsentencing court makes an intensive correction order in relation to the\n","sortOrder":40},{"sectionNumber":"40","sectionType":"section","heading":"Definitions—ch 5","content":"40 Definitions—ch 5\nadditional condition, of an offender’s intensive correction order,\n(a) a condition of the order made by the sentencing court under the\nCrimes (Sentencing) Act 2005, section 11 after the court has\nconsidered an intensive correction assessment for the order; or\n(b) a condition of the order imposed under—\n(i) part 5.6 (Supervising intensive correction orders); or\n(ii) part 5.7 (Intensive correction orders—amendment and\ndischarge); or\n(c) if a condition is amended under part 5.6 or part 5.7—the\ncondition as amended.\ncommunity service condition, of an intensive correction order for an\noffender—see the Crimes (Sentencing) Act 2005, section 80A.\ncore condition, of an offender’s intensive correction order, means a\ncore condition under section 42.\nintensive correction—see the Crimes (Sentencing) Act 2005,\n\nPreliminary Part 5.1\nintensive correction assessment means an assessment by the\ndirector-general about whether an intensive correction order is\nintensive correction order—\n(a) see the Crimes (Sentencing) Act 2005, section 11; and\n(b) if the term of the intensive correction order is extended under\nsection 80—includes the order as extended.\ninterested person, for an offender’s intensive correction order, means\nany of the following:\nrehabilitation program condition, of an intensive correction order for\nan offender—see the Crimes (Sentencing) Act 2005, section 80G.\n\n","sortOrder":41},{"sectionNumber":"41","sectionType":"section","heading":"Intensive correction order obligations","content":"41 Intensive correction order obligations\n(1) An offender must serve intensive correction in the period of the\noffender’s sentence in accordance with this part.\n(2) To serve intensive correction, the offender must, during the period of\nthe offender’s sentence comply with—\n(a) the core conditions of the offender’s order; and\n(b) any additional condition of the offender’s order; and\n(c) any non-association order or place restriction order made by the\nsentencing court for the offender; and\n(d) any requirement prescribed by regulation; and\n(e) any other requirement under this Act or the Corrections\nManagement Act 2007 that applies to the offender.\nmade or in force under the Act, including any regulation (see Legislation\n(3) A regulation may make provision in relation to electronic monitoring\nto monitor the offender’s compliance with a condition of the\noffender’s intensive correction order.\n","sortOrder":42},{"sectionNumber":"42","sectionType":"section","heading":"Intensive correction order—core conditions","content":"42 Intensive correction order—core conditions\n(1) The core conditions of an offender’s intensive correction order are as\n\nServing intensive correction Part 5.2\n(c) if the offender’s contact details change—the offender must tell\nthe director-general about the change as soon as possible, but\nnot later than 1 day after the day the offender becomes aware of\nthe change of details;\nCorrections Management Act 2007 in relation to the intensive\ncorrection order;\n(e) the offender—\n(i) is on probation under the supervision of the\ndirector-general; and\n(ii) must comply with the director-general’s reasonable\ndirections in relation to the probation;\n(f) any test sample given by the offender under a direction under\nsection 43 (Intensive correction order—alcohol and drug tests)\nmust not be positive;\n(g) the offender must not use or obtain a drug;\nNote Drug—see the Corrections Management Act 2007, s 132.\n(h) the offender must not—\n(i) leave the ACT without the director-general’s approval; or\n(ii) leave Australia without the board’s written approval;\n\n(i) if leaving the ACT or Australia, the offender must comply with\nany condition of the approval to leave;\n(j) the offender must comply with any direction given to the\noffender by the director-general to—\n(i) live at any premises; or\n(ii) undertake any program; or\n(iii) report to a corrections officer; or\n(iv) allow a corrections officer to visit the place where the\noffender lives at any reasonable time;\n(k) the offender must comply with any notice made under section 63\nto attend a hearing of the board;\n(l) any condition prescribed by regulation that applies to the\npossible after, but not later than 1 day after, the day of the\n\nServing intensive correction Part 5.2\n(a) home address or phone number; and\n(b) work address or phone number; and\n","sortOrder":43},{"sectionNumber":"43","sectionType":"section","heading":"Intensive correction order—alcohol and drug tests","content":"43 Intensive correction order—alcohol and drug tests\ngive a test sample during the offender’s sentence of imprisonment by\nintensive correction.\n","sortOrder":44},{"sectionNumber":"43A","sectionType":"section","heading":"Intensive correction order—end","content":"43A Intensive correction order—end\nAn intensive correction order for an offender ends—\n(a) at the end of the term of the order; or\n(b) if the order is cancelled earlier under part 5.6 (Supervising\nintensive correction)—when the cancellation takes effect.\nNote An intensive correction order includes the term of the order as extended\nunder s 80 (see s 40).\n\nPart 5.3 Intensive correction order—\ncommunity service work\n44 Application—pt 5.3\nto a community service condition.\n45 Intensive correction orders—compliance with community\nservice condition\nTo comply with a community service condition of an offender’s\nintensive correction order, the offender must comply with the\n","sortOrder":45},{"sectionNumber":"46","sectionType":"section","heading":"Intensive correction orders—community service work—","content":"46 Intensive correction orders—community service work—\ndo community service work that the director-general considers\n(2) The direction must include details of the following:\n(a) the community service work the offender must do;\n(b) the place to which the offender must report for the work (the\nreporting place);\n(d) the person (if any) to whom the offender must report (the work\nsupervisor);\n(e) the person the offender must tell if subsection (8) applies (the\ncorrections supervisor).\n\n(3) The direction may also include a requirement that the offender must\ncomply with when reporting to do the community service work.\nNote For examples of reporting requirements directed by the director-general,\nsee s 91 (3) (Good behaviour orders—community service work—\ndirector-general directions).\n(4) A direction under this section takes effect—\n(5) The offender must comply with the direction.\n(6) However—\n(a) the offender is not required to do work the offender is not\ncapable of doing; and\n(b) the direction must, as far as practicable, avoid any interference\nwith the offender’s normal attendance at another place for work\nor at an educational institution.\n(7) The offender must also comply with any reasonable direction given\nto the offender, orally or in writing, by the work supervisor in relation\nto the community service work.\n(8) If the offender cannot comply with the director-general’s direction\nunder this section, the offender must—\n(a) tell the corrections supervisor as soon as possible; and\n(b) comply with the corrections supervisor’s directions.\nNote For examples where the offender cannot comply, see s 91 (8) (Good\nbehaviour orders—community service work—director-general\ndirections).\n\n","sortOrder":46},{"sectionNumber":"47","sectionType":"section","heading":"Intensive correction orders—community service work—","content":"47 Intensive correction orders—community service work—\nfailure to report etc\n(1) Subsection (2) applies if an offender fails to—\n(a) report to do community service work in accordance with a\ndirection under section 46; or\n(b) do community service work in accordance with a direction\nunder section 46; or\n(c) comply with a reasonable direction given to the offender by the\nwork supervisor under section 46 in relation to the work.\n(2) The director-general may direct the offender, orally or in writing, not\nto do the community service work and to leave the place where it was\nto be done.\n(3) Subsection (4) applies if—\n(a) an offender fails to report to do community service work for a\nperiod (a work period) in accordance with a direction under\nsection 46; and\n(b) the offender is at the time of the work period—\n(i) remanded in custody under a territory law or a law of the\n(ii) detained at a place under the Mental Health Act 2015.\n(4) The offender is taken to have performed community service work in\naccordance with the direction for the work period.\n(5) Subsection (6) applies if—\n(a) an offender fails to do community service work for a period\n(the unworked period) in accordance with a direction under\nsection 46; and\n\n(b) the director-general is satisfied the offender’s failure to do the\ncommunity service work in accordance with the direction for the\nunworked period is because of circumstances preventing the\nwork from being done, that were beyond the offender’s control.\nExamples—par (b)\n1 community service work cannot be done because of weather conditions\n2 community service work cannot be done because of unforeseeable\nabsence of supervising staff\n(6) The director-general may direct that the offender is taken to have\ndone the community service work in accordance with the direction\nfor a period that is not more than the unworked period.\n(7) However, before making a direction under subsection (6), the\n(a) consider the purposes of sentencing under the Crimes\n(Sentencing) Act 2005, section 7; and\n(b) be satisfied the total period the offender is taken to have done\ncommunity service work during all unworked periods is not\nmore than—\n(i) 8 hours in a week; or\n(ii) 10% of the total number of hours of community service\nwork required to be performed by the offender.\n","sortOrder":47},{"sectionNumber":"48","sectionType":"section","heading":"Intensive correction orders—community service work—","content":"48 Intensive correction orders—community service work—\nmaximum daily hours\n(1) An offender must not do, or be credited with, more than 8 hours of\ncommunity service work on any day.\n(2) To work out the time spent by the offender doing community service\nwork—\n(a) only actual work time, and any breaks from work approved by\nthe work supervisor or corrections supervisor under section 46,\nis counted; and\n\n(b) if the total work time on any day includes part of an hour, that\npart is counted as 1 hour.\nNote For examples of maximum daily hours, see s 93 (2) (Good behaviour\norders—community service work—maximum daily hours).\n","sortOrder":48},{"sectionNumber":"48A","sectionType":"section","heading":"Intensive correction orders—community service work—","content":"48A Intensive correction orders—community service work—\ntherapy and education program limit\nParticipation in a program for therapy or education must not make up\nmore than 25% of the total number of hours of community service\nwork required to be performed by an offender subject to a community\nservice condition under an intensive correction order.\n","sortOrder":49},{"sectionNumber":"49","sectionType":"section","heading":"Intensive correction orders—community service work—","content":"49 Intensive correction orders—community service work—\nhealth disclosures\nAn offender must tell the director-general as soon as possible about\nany change of which the offender is aware in the offender’s physical\nor mental condition that affects the offender’s ability to do\ncommunity service work safely.\nExample—unsuitability\nThe indicators of unsuitability for community service set out in the Crimes\n(Sentencing) Act 2005, s 80D.\n","sortOrder":50},{"sectionNumber":"50","sectionType":"section","heading":"Intensive correction orders—community service work—","content":"50 Intensive correction orders—community service work—\nalcohol and drug tests\ngive a test sample when reporting to do community service work.\n\n","sortOrder":51},{"sectionNumber":"51","sectionType":"section","heading":"Intensive correction orders—community service work—","content":"51 Intensive correction orders—community service work—\nreports by entities\nentity under which the offender may participate in community service\nwork for the entity.\nwritten reports about the offender’s participation in the community\nservice work.\n\nPart 5.4 Intensive correction order—rehabilitation programs\nPart 5.4 Intensive correction order—\nrehabilitation programs\n52 Application—pt 5.4\nto a rehabilitation program condition.\n53 Intensive correction orders—rehabilitation program\ncondition—compliance\nTo comply with a rehabilitation program condition of an offender’s\nintensive correction order, the offender must comply with the\n","sortOrder":52},{"sectionNumber":"54","sectionType":"section","heading":"Intensive correction orders—rehabilitation programs—","content":"54 Intensive correction orders—rehabilitation programs—\n(1) The director-general may give an offender directions, orally or in\nwriting, in relation to a rehabilitation program condition to which the\noffender’s intensive correction order is subject.\n(2) Without limiting subsection (1), a direction may include details of the\n(a) the program the offender must attend;\n(b) the place to which the offender must report for the program;\n(d) the person (if any) to whom the offender must report.\n\nIntensive correction order—rehabilitation programs Part 5.4\n","sortOrder":53},{"sectionNumber":"55","sectionType":"section","heading":"Intensive correction orders—rehabilitation program","content":"55 Intensive correction orders—rehabilitation program\nproviders—reports by providers\nentity under which an offender may participate in a rehabilitation\nprogram provided by the entity.\nwritten reports about the offender’s participation in the rehabilitation\nprogram.\n\nPart 5.5 Intensive correction order—curfew\nPart 5.5 Intensive correction order—\ncurfew\n56 Application—pt 5.5\nto a curfew condition.\n57 Compliance with curfew\nTo comply with a curfew condition of an offender’s intensive\ncorrection order, the offender must comply with the requirements of\n","sortOrder":54},{"sectionNumber":"58","sectionType":"section","heading":"Curfew—directions","content":"58 Curfew—directions\n(1) A curfew condition of an intensive correction order must include\ndetails of the following:\n(a) the place where the offender must remain for the curfew;\n(b) the period of time (not longer than the offender’s sentence) that\nthe curfew will be in place.\n(2) The director-general may, at any time while a curfew condition is in\neffect, direct the offender to remain at a different place for the curfew\nif satisfied that each adult who is living at the place, or has parental\nresponsibility or guardianship for a person who is living at the place,\nconsents to the place being used for that purpose.\n(3) The sentencing court may recommend an amount of time that the\noffender should remain at the curfew place each day.\n\nIntensive correction order—curfew Part 5.5\n(4) The director-general may, after taking into account any\nrecommendation of the sentencing court, direct the offender, orally or\nin writing, to remain at the curfew place for a period of time (not more\nthan 12 hours in a 24-hour period) each day.\nMax is directed to comply with a curfew. Max may be required to remain at the\ncurfew place between 10 pm and 7 am, and between 3 pm and 6 pm on Mondays,\nWednesdays and Fridays.\n(5) A direction under this section takes effect—\n(6) The offender must comply with a direction under this section.\ncurfew place means—\n(a) the place detailed in the curfew condition under\nsubsection (1) (a); or\n(b) if the director-general directs the offender to remain at a\ndifferent place under subsection (2)—the different place.\n\nDivision 5.6.1 Intensive correction orders—supervision\nPart 5.6 Supervising intensive correction\nDivision 5.6.1 Intensive correction orders—\nsupervision\n59 Corrections officers to report breach of intensive\ncorrection order obligations\ngrounds that an offender has breached any of the offender’s intensive\ncorrection order obligations.\n(2) The corrections officer must report the belief to—\n(b) if the belief is that the offender was convicted or found guilty of\nan offence mentioned in section 65 (1) by a court other than an\nACT court—the sentencing court.\n(3) A report under this section must be made in writing and set out the\ngrounds for the corrections officer’s belief.\n","sortOrder":55},{"sectionNumber":"60","sectionType":"section","heading":"Arrest without warrant—breach of intensive correction","content":"60 Arrest without warrant—breach of intensive correction\norder obligations\n(1) This section applies if a police officer believes on reasonable grounds\nthat an offender has breached any of the offender’s intensive\ncorrection order obligations.\n(3) A police officer who arrests an offender under this section must, as\n(b) if section 65 would apply because of the breach—the sentencing\n\nIntensive correction orders—supervision Division 5.6.1\n(4) However, if the board or sentencing court is not sitting, the police\nofficer must, as soon as practicable, bring the offender before a\nmagistrate for a decision in relation to bail until the offender can be\nbrought before the board or sentencing court.\n","sortOrder":56},{"sectionNumber":"61","sectionType":"section","heading":"Arrest warrant—breach of intensive correction order","content":"61 Arrest warrant—breach of intensive correction order\nsatisfied, by information on oath that there are reasonable grounds for\noffender’s intensive correction order obligations.\n(d) order the arrest and bringing of the offender before the board or\n(b) if section 65 would apply because of the breach—the sentencing\n(4) However, if the board or sentencing court is not sitting, the police\nofficer must, as soon as practicable, bring the offender before a\nmagistrate for a decision in relation to bail until the offender can be\nbrought before the board or sentencing court.\n\n","sortOrder":57},{"sectionNumber":"62","sectionType":"section","heading":"Board inquiry—breach of intensive correction order","content":"62 Board inquiry—breach of intensive correction order\n(1) The board may conduct an inquiry to decide whether an offender has\nbreached any of the offender’s intensive correction order obligations.\n(2) The board must hold a hearing for an inquiry—\n(a) on application by the director-general; or\n(b) after receiving a report from a corrections officer under\nsection 59 (Corrections officers to report breach of intensive\ncorrection order obligations); or\n(c) if the offender is arrested under section 60 (Arrest without\nwarrant—breach of intensive correction order obligations) or\nsection 61 (Arrest warrant—breach of intensive correction order\nobligations).\n(3) This section does not apply if the offender has been convicted of a\nnew offence punishable by imprisonment.\nNote Section 65 requires a court to cancel the offender’s intensive correction\norder in certain circumstances.\n(4) To remove any doubt, the board may conduct the inquiry in\nconjunction with any other inquiry under this Act in relation to the\n(5) The board must, as soon as practicable—\n(a) tell the director-general of an inquiry conducted under\nsubsection (2) (c); and\n(b) conduct the inquiry.\n\nIntensive correction orders—breach Division 5.6.2\n","sortOrder":58},{"sectionNumber":"63","sectionType":"section","heading":"Notice of inquiry—breach of intensive correction order","content":"63 Notice of inquiry—breach of intensive correction order\n(1) Before the board starts an inquiry under section 62 in relation to an\noffender, the board must give written notice of the inquiry to—\n(b) the director of public prosecutions.\n(b) an invitation for the offender to make submissions to the board\nby a stated date for the inquiry; and\n(c) if a board hearing is to be held in relation to the inquiry—\n(i) the date, time and location of the hearing; and\n(ii) a statement about the effect of section 209 (Offender’s\nrights at board hearing).\n(3) An offender who is given notice of a hearing under this section must\nappear at the hearing.\n","sortOrder":59},{"sectionNumber":"64","sectionType":"section","heading":"Board powers—breach of intensive correction order","content":"64 Board powers—breach of intensive correction order\n(1) This section applies if, after conducting an inquiry under section 62\n(Board inquiry—breach of intensive correction order obligations) in\nrelation to an offender, the board is satisfied that the offender has\nbreached any of the offender’s intensive correction order obligations.\n(2) The board may do 1 or more of the following:\n(a) give the offender a warning about the need to comply with the\noffender’s intensive correction order obligations;\n\n(b) suspend the offender’s intensive correction order for—\n(i) if the offender admits that the offender has breached an\nobligation—3 days to be served by imprisonment by\nfull-time detention, but not past the end of the offender’s\n(ii) in any other case—7 days to be served by imprisonment by\nfull-time detention, but not past the end of the offender’s\nsentence;\n(c) cancel the offender’s intensive correction order;\nNote Section 65 requires a court to cancel the offender’s intensive\ncorrection order in certain circumstances and s 66 requires the\nboard to cancel the order if the offender withdraws consent.\n(d) refer the offender to a court for amendment or discharge of the\nintensive correction order if the board decides that the offender\nis unlikely to be able to serve the remainder of the order by\nintensive correction, having regard to—\n(i) the offender’s health; or\n(ii) any exceptional circumstances affecting the offender.\n(3) The board must not give more than 3 warnings under\nsubsection (2) (a) in a 12-month period.\n(4) To remove any doubt, if an inquiry under section 62 in relation to an\noffender is conducted in conjunction with another inquiry under this\nAct in relation to the offender, the board may exercise its powers\nunder this division with any other powers of the board in relation to\nthe other inquiry.\n\nIntensive correction orders—breach Division 5.6.2\n","sortOrder":60},{"sectionNumber":"65","sectionType":"section","heading":"Cancellation of intensive correction order on further","content":"65 Cancellation of intensive correction order on further\nconviction etc\n(1) This section applies if, after an offender was sentenced to serve\nintensive correction, the offender commits, and is convicted or found\nguilty of—\n(a) an offence against a territory law, or a law of the\nCommonwealth, a State or another Territory, that is punishable\nby imprisonment; or\n(b) an offence outside Australia that, if it had been committed in\nAustralia, would be punishable by imprisonment.\n(2) The sentencing court must, as soon as practicable—\n(a) cancel the intensive correction order, unless cancellation is not\nin the interests of justice; and\n(b) if the court cancels the intensive correction order—order that the\nremainder of the offender’s sentence be served by full-time\ndetention.\n(3) If the offender is convicted or found guilty of an offence mentioned\nin subsection (1) by the Supreme Court and the intensive correction\norder was made by the Magistrates Court, the Supreme Court is taken\nto be the sentencing court for this section.\n(4) If the offender is convicted or found guilty of an offence mentioned\nin subsection (1) by the Magistrates Court and the intensive\ncorrection order was made or amended by the Supreme Court—\n(a) the Supreme Court is taken to be the sentencing court for this\nsection; and\n(b) the Magistrates Court—\n(i) must, in addition to dealing with the offender for the\noffence mentioned in subsection (1), commit the offender\nto the Supreme Court to be dealt with in accordance with\nsubsection (2); and\n\n(ii) may remand the offender in custody until the offender can\nbe brought before the Supreme Court.\n(5) If the court makes an order under subsection (2) (b), the court—\n(a) must state when the period of full-time detention starts and ends;\nand\n(b) may set a nonparole period for the period of full-time detention\nif—\n(i) the sentence of imprisonment for which the intensive\ncorrection order was made is more than 12 months; and\n(ii) the period of full-time detention is more than 30 days.\n(6) To remove any doubt, the Crimes (Sentencing) Act 2005, part 5.2,\napplies to a nonparole period set under subsection (5) (b) as if the\nnonparole period had been set under that part.\nNote The Crimes (Sentencing) Act 2005, pt 5.2 deals with setting and review\nof nonparole periods.\n(7) If the court decides that it is not in the interests of justice to cancel the\nintensive correction order, the court must give reasons for the\ndecision.\n(8) If the offender is convicted or found guilty of an offence mentioned\nin subsection (1) by a court other than an ACT court, the board must\nrefer the offender to the sentencing court as soon practicable after\nbecoming aware of the conviction or finding of guilt.\n\n","sortOrder":61},{"sectionNumber":"66","sectionType":"section","heading":"Cancellation of intensive correction order if offender","content":"66 Cancellation of intensive correction order if offender\nwithdraws consent\n(1) This section applies if the board is satisfied that the offender has\nwithdrawn the offender’s consent to serve the offender’s sentence by\nintensive correction.\n(2) The board must cancel the offender’s intensive correction order.\n","sortOrder":62},{"sectionNumber":"Div 5","sectionType":"division","heading":"6.3 Suspension and cancellation of","content":"Division 5.6.3 Suspension and cancellation of\nintensive correction order\n","sortOrder":63},{"sectionNumber":"67","sectionType":"section","heading":"Application—div 5.6.3","content":"67 Application—div 5.6.3\nThis division applies to a decision made by the board under section 64\nor section 66.\n","sortOrder":64},{"sectionNumber":"68","sectionType":"section","heading":"Notice of board decisions about intensive correction","content":"68 Notice of board decisions about intensive correction\nThe board must give written notice of its decision to each interested\n","sortOrder":65},{"sectionNumber":"69","sectionType":"section","heading":"Intensive correction order—effect of suspension or","content":"69 Intensive correction order—effect of suspension or\ncancellation\n(1) This section applies to a decision of the board to suspend or cancel\nthe offender’s intensive correction order.\n(a) when written notice of the decision is given to the offender under\nsection 68; or\n\nDivision 5.6.3 Suspension and cancellation of intensive correction order\n(3) If the decision is to suspend the offender’s intensive correction\norder—\n(a) during the suspension the offender must be imprisoned under\nfull-time detention; and\n(b) while serving the full-time detention the offender is taken to\ncomply with the offender’s intensive correction obligations.\n(4) If the decision is to cancel the offender’s intensive correction order,\nthe cancellation ends the intensive correction order and the offender\nmust serve the remainder of the sentence of imprisonment—\n(a) by full-time detention until when the intensive correction order\nwould have ended apart from the cancellation; and\n(b) otherwise in accordance with the sentence.\nNote For when an intensive correction order ends, see s 43A.\n","sortOrder":66},{"sectionNumber":"70","sectionType":"section","heading":"Intensive correction orders—effect of suspension or","content":"70 Intensive correction orders—effect of suspension or\ncancellation on other intensive correction order\n(a) the board decides to suspend or cancel an offender’s intensive\ncorrection order; and\n(b) when the suspension or cancellation takes effect the offender is\nalso subject to intensive correction under another sentence of\n(2) To remove any doubt, at the inquiry for the suspension or cancellation\nunder this part, the board may also exercise its powers under this part\nin relation to the other intensive correction order.\n\n","sortOrder":67},{"sectionNumber":"71","sectionType":"section","heading":"Intensive correction orders—effect of suspension or","content":"71 Intensive correction orders—effect of suspension or\ncancellation on parole\n(a) the board decides to suspend or cancel an offender’s intensive\ncorrection order; and\n(b) when the suspension or cancellation takes effect a parole order\napplies to the offender, whether for the same or another offence.\n(2) To remove any doubt, at the inquiry for the suspension or cancellation\nunder this part, the board may also exercise its powers under part 7.4\n(Supervising parole) in relation to the offender’s parole.\n","sortOrder":68},{"sectionNumber":"72","sectionType":"section","heading":"Suspension or cancellation of intensive correction","content":"72 Suspension or cancellation of intensive correction\norder—recommittal to full-time detention\n(1) This section applies if the board decides to suspend or cancel an\noffender’s intensive correction order.\n(2) The board must order that the offender be placed in the\ndirector-general’s custody to serve the relevant part of the offender’s\nsentence by imprisonment under full-time detention.\nNote See s 69 (Intensive correction order—effect of suspension or\ncancellation).\n(3) If the offender is not in custody, the board may also issue a warrant\nfor the offender to be arrested and placed in the director-general’s\ncustody.\n(4) The warrant must—\n(a) be in writing signed by the chair, or deputy chair, of the board;\nand\n(b) be directed to all escort officers or a named escort officer.\n(5) An escort officer who arrests the offender under this section must\n\nDivision 5.6.3 Suspension and cancellation of intensive correction order\n","sortOrder":69},{"sectionNumber":"73","sectionType":"section","heading":"Cancellation of intensive correction order—offender may","content":"73 Cancellation of intensive correction order—offender may\napply for order to be reinstated\n(1) This section applies if the board decides to cancel an offender’s\nintensive correction order.\n(2) On application by the offender, the board may order that the\noffender’s intensive correction order be reinstated if—\n(a) following the cancellation of the order, the offender has served\nat least 30 days of the offender’s sentence by imprisonment\nunder full-time detention; and\n(b) the board—\n(i) is satisfied by information provided by the offender that the\noffender will comply with the offender’s intensive\ncorrection order obligations; and\n(ii) has considered an assessment by the director-general about\nwhether an intensive correction order is suitable for the\n(3) If the board decides not to reinstate the offender’s intensive correction\norder, the offender must not make another application under this\nsection within 6 months after the day the board makes the decision.\n(4) However, if the offender believes there are exceptional\ncircumstances, the offender may apply to the board before the day\nmentioned in subsection (3).\n(5) The board may refuse an application under this section if—\n(a) satisfied the application is frivolous, vexatious or misconceived;\nor\n(b) the board decided not to reinstate the offender’s intensive\ncorrection order within the 6-month period before the\napplication was made.\n\n(6) To remove any doubt, if an offender’s intensive correction order is\nreinstated under this section, the period the offender served by\nimprisonment under full-time detention is taken to be part of the\noffender’s sentence of imprisonment by intensive correction.\n\nPart 5.7 Intensive correction orders—amendment or discharge\nPart 5.7 Intensive correction orders—\namendment or discharge\n74 Court powers—amendment or discharge of intensive\ncorrection order\n(1) A court may, by order—\n(a) amend an offender’s intensive correction order; or\n(b) discharge an offender’s intensive correction order.\nExample—par (a)\n• impose an additional condition\n• amend a condition\nNote Amend includes omit or substitute (see Legislation Act, dict, pt 1).\n(2) The court may act under this part—\n(a) on referral by the board under section 64 (2) (d) (Board\npowers—breach of intensive correction order obligations); or\n(b) on application by an interested person.\n(3) However, if the court is acting on referral by the board under\nsection 64 (2) (d), the court must consider any report given to the\ncourt by the board about the offender before making the order.\n(4) The amendment of the intensive correction order takes effect as stated\nin the court order.\n(5) This section is subject to section 75.\n\nIntensive correction orders—amendment or discharge Part 5.7\n","sortOrder":70},{"sectionNumber":"75","sectionType":"section","heading":"Intensive correction orders—limitations on amendment","content":"75 Intensive correction orders—limitations on amendment\nor discharge\n(1) A court must not discharge an intensive correction order unless—\n(a) the court is satisfied that the offender has complied with the\norder; and\n(b) the offender has served at least 12 months of the offender’s\nsentence by intensive correction; and\n(c) the order is replaced with a—\n(i) suspended sentence order; and\n(ii) good behaviour order with core conditions.\n(2) Despite subsection (1) a court may, on application by the\ndirector-general or referral by the board under section 64 (2) (d),\ndischarge an intensive correction order if—\n(a) the court is satisfied that the offender is unlikely to be able to\nserve the remainder of the order by intensive correction, having\nregard to—\n(i) the offender’s health; or\n(ii) any exceptional circumstances affecting the offender; and\n(b) the order is replaced with a—\n(i) suspended sentence order; and\n(ii) good behaviour order with core conditions.\n(3) A court must not amend the length of an intensive correction order.\n\nPart 5.8 Intensive correction orders—reporting and records\nPart 5.8 Intensive correction orders—\nreporting and records\n76 Record-keeping by director-general\nThe director-general must keep data of—\n(a) each intensive correction order made in relation to an offender;\nand\n(b) the offence for which an order is made; and\n(c) each order that is cancelled, suspended or discharged including\nthe reasons for the cancellation, suspension or discharge.\n","sortOrder":71},{"sectionNumber":"77","sectionType":"section","heading":"Authorised person may access data","content":"77 Authorised person may access data\nThe director-general—\n(a) may allow a person, authorised in writing by the\ndirector-general, access to the data mentioned in section 76 for\nresearch, analysis and evaluation of intensive correction orders;\nbut\n(b) must not allow access to the data in any form that would allow\nthe identity of anyone taking part in an intensive correction order\nto be worked out.\n\nIntensive correction orders—miscellaneous Part 5.9\n","sortOrder":72},{"sectionNumber":"Part 5","sectionType":"part","heading":"9 Intensive correction orders—","content":"Part 5.9 Intensive correction orders—\nmiscellaneous\n","sortOrder":73},{"sectionNumber":"78","sectionType":"section","heading":"Intensive correction order proceedings—rights of","content":"78 Intensive correction order proceedings—rights of\ninterested person\n(1) An interested person for an intensive correction order may appear\nbefore a court in a proceeding under this chapter.\n(2) A court must—\n(a) give each interested person for an intensive correction order\n(whether or not the person appeared before the court)—\n(i) written notice of the court’s decision; and\n(ii) a copy of the order or direction by the court; and\n(b) hear any relevant submissions put to the court by an interested\n","sortOrder":74},{"sectionNumber":"78A","sectionType":"section","heading":"Intensive correction order cancellation by court—official","content":"78A Intensive correction order cancellation by court—official\nnotice of sentence\n(1) This section applies if a court makes an order under section 65\n(a cancellation order) cancelling an offender’s intensive correction\n(2) As soon as practicable (but no later than 10 working days) after the\nday the court makes the cancellation order, the court must ensure that\nwritten notice of the order, together with a copy of the order, is given\nto—\n(b) the director-general; and\n(c) if the court sets a nonparole period for any part of the remainder\nof the offender’s sentence—the secretary of the sentence\nadministration board.\n\nPart 5.9 Intensive correction orders—miscellaneous\n(3) The notice must include the following information:\n(a) when the period of full-time detention starts or is taken to have\nstarted;\n(b) when the period of full-time detention ends;\n(c) if a nonparole period is set for the period of full-time detention—\nthe nonparole period and when it starts and ends;\n(d) the earliest day (on the basis of the information currently\navailable to the court) that the offender will—\n(i) become entitled to be released from full-time detention;\nand\n(ii) if the offender’s sentence includes a nonparole period—be\neligible to be released on parole.\n(4) Failure to comply with this section does not invalidate the\ncancellation order.\n","sortOrder":75},{"sectionNumber":"79","sectionType":"section","heading":"Intensive correction order—court and board powers after","content":"79 Intensive correction order—court and board powers after\nend of order\nA court or the board may act under this chapter in relation to anything\narising during the term of an intensive correction order, even if the\nterm of the order has ended.\n","sortOrder":76},{"sectionNumber":"80","sectionType":"section","heading":"Intensive correction orders—outstanding warrants—","content":"80 Intensive correction orders—outstanding warrants—\nextension of sentence\n(1) This section applies if a warrant is issued for an offender’s arrest\nunder this chapter.\n(2) This section also applies if a warrant is issued for an offender’s arrest\nunder section 206 (2), because—\n(a) the offender failed to appear before the board in accordance with\na notice under section 63 (Notice of inquiry—breach of\nintensive correction order obligations); or\n\nIntensive correction orders—miscellaneous Part 5.9\n(b) a judicial member of the board considers that an offender will\nnot appear before the board in accordance with a notice under\nsection 63.\n(3) For each period during which a warrant is outstanding and the\noffender is not in custody (an outstanding warrant period)—\n(a) the offender is taken not to perform their sentence by intensive\ncorrection; and\n(b) the term of the offender’s intensive correction order, and the\nterm of the sentence, are automatically extended by the\noutstanding warrant period.\nin custody means—\n(a) remanded in custody under a territory law or a law of the\n(b) detained at a place under the Mental Health Act 2015.\n\n","sortOrder":77},{"sectionNumber":"Part 5A","sectionType":"part","heading":"Drug and alcohol treatment","content":"Chapter 5A Drug and alcohol treatment\n","sortOrder":78},{"sectionNumber":"82","sectionType":"section","heading":"Application—ch 5A","content":"82 Application—ch 5A\nThis chapter applies if the Supreme Court makes a drug and alcohol\ntreatment order in relation to an offender.\n\nDrug and alcohol treatment orders Chapter 5A\nDrug and alcohol treatment orders—undertaking treatment Part 5A.2\nPart 5A.2 Drug and alcohol treatment\norders—undertaking treatment\n","sortOrder":79},{"sectionNumber":"82A","sectionType":"section","heading":"Drug and alcohol treatment order—drug and alcohol tests","content":"82A Drug and alcohol treatment order—drug and alcohol tests\n(1) The responsible director-general may direct an offender, orally or in\nwriting, to give a test sample during the term of the offender’s drug\nand alcohol treatment order.\nhealth director-general—see the Crimes (Sentencing) Act 2005,\nresponsible director-general means 1 or both of the following:\n(a) the health director-general;\n(b) the director-general responsible for this Act.\n\nPart 5A.3 Drug and alcohol treatment orders—effect of cancellation\nPart 5A.3 Drug and alcohol treatment\norders—effect of cancellation\n82B Application—pt 5A.3\nThis part applies to a decision made by the Supreme Court under the\nfollowing provisions of the Crimes (Sentencing) Act 2005:\n(a) section 80ZB (1) (e) provisionally cancelling the suspension of\na sentence under a treatment order;\n(b) section 80ZB (1) (f), section 80ZD (4) (a) or\nsection 80ZE (2) (a) cancelling the treatment order;\n(c) section 80ZB (1) (g), section 80ZD (4) (b) or\nsection 80ZE (2) (b) cancelling the treatment order and\nresentencing the offender.\n","sortOrder":80},{"sectionNumber":"82C","sectionType":"section","heading":"Drug and alcohol treatment order—effect of cancellation","content":"82C Drug and alcohol treatment order—effect of cancellation\n(1) This section applies to a decision of the court to suspend or cancel the\noffender’s drug and alcohol treatment order.\n(2) The decision takes effect as stated in the court order suspending or\ncancelling the drug and alcohol treatment order.\n(3) If the decision is to suspend the offender’s drug and alcohol treatment\norder, the offender—\n(a) must be imprisoned under full-time detention during the\nsuspension; and\n(b) is taken to comply with the offender’s treatment order\nobligations while serving the full-time detention.\n\nDrug and alcohol treatment orders Chapter 5A\nDrug and alcohol treatment orders—effect of cancellation Part 5A.3\n(4) If the decision is to cancel the offender’s drug and alcohol treatment\norder, the cancellation ends the drug and alcohol treatment order and\nthe offender must serve the remainder of the sentence of\nimprisonment—\n(a) by full-time detention until when the sentence of imprisonment\nsuspended under the drug and alcohol treatment order would\nhave ended apart from the cancellation; or\n(b) if the court orders otherwise—in accordance with the court’s\n\nPart 5A.4 Drug and alcohol treatment orders—reporting and records\nPart 5A.4 Drug and alcohol treatment\norders—reporting and records\n82D Record-keeping by director-general\nThe director-general must keep data of—\n(a) each drug and alcohol treatment order made in relation to an\noffender; and\n(b) the offence for which each treatment order is made; and\n(c) each treatment order that is cancelled, suspended or discharged\nincluding the reasons for the cancellation, suspension or\ndischarge.\n","sortOrder":81},{"sectionNumber":"82E","sectionType":"section","heading":"Authorised person may access data","content":"82E Authorised person may access data\nThe director-general—\n(a) may authorise a person, in writing, to have access to the data\nmentioned in section 82D for research, analysis and evaluation\nof drug and alcohol treatment orders; but\n(b) must not allow access to the data in any form that would allow\nthe identity of anyone who is the subject of a drug and alcohol\ntreatment order to be worked out.\n\n","sortOrder":82},{"sectionNumber":"83","sectionType":"section","heading":"Application—ch 6","content":"83 Application—ch 6\nThis chapter applies to an offender under a good behaviour order.\n","sortOrder":83},{"sectionNumber":"84","sectionType":"section","heading":"Definitions—ch 6","content":"84 Definitions—ch 6\nadditional condition, of an offender’s good behaviour order,\n(a) a condition of the order under the Crimes (Sentencing) Act 2005,\nsection 13 (Good behaviour orders); or\n(b) a condition of the order imposed under—\n(i) part 6.5 (Good behaviour orders—breach); or\n(ii) part 6.6 (Good behaviour orders—amendment and\ndischarge); or\n(c) if a condition of the order is amended under part 6.5 or\npart 6.6—the condition as amended.\ncommunity service condition, of a good behaviour order for an\noffender—see the Crimes (Sentencing) Act 2005, section 85.\ncore condition, of an offender’s good behaviour order, means a core\ncondition under section 86.\ngood behaviour obligations, of an offender, means the offender’s\nobligations under section 85.\ngood behaviour order—see the Crimes (Sentencing) Act 2005,\nsection 13.\n\ninterested person, for an offender’s good behaviour order, means any\n(b) a surety under the order;\n(c) the director-general;\n(d) the director of public prosecutions.\nrehabilitation program condition, of a good behaviour order for an\noffender—see the Crimes (Sentencing) Act 2005, section 93.\n","sortOrder":84},{"sectionNumber":"85","sectionType":"section","heading":"Good behaviour obligations","content":"85 Good behaviour obligations\nAn offender must—\n(a) comply with the offender’s good behaviour order, including—\n(i) the core conditions of the order; and\n(ii) any additional condition of the order; and\n(b) comply with any non-association order or place restriction order\nmade by the sentencing court for the offender; and\n(c) comply with any other requirement under this Act or the\n\n","sortOrder":85},{"sectionNumber":"86","sectionType":"section","heading":"Good behaviour—core conditions","content":"86 Good behaviour—core conditions\n(1) The core conditions of an offender’s good behaviour order are as\n(c) if the offender’s contact details change—the offender must tell\nthe director-general about the change as soon as possible, but\nwithin 2 days after the day the offender knows the changed\ndetails;\nCorrections Management Act 2007 in relation to the good\nbehaviour order;\n(e) any test sample given by the offender under a direction under\nsection 95 (Good behaviour orders—community service\nwork—alcohol and drug tests) must not be positive;\n(f) if the good behaviour order is subject to a probation condition\nor supervision condition—the offender must not leave the ACT\nfor more than the defined period without the director-general’s\napproval;\n\n(g) the offender must comply with any agreement made by the\noffender under section 105 (Good behaviour—agreement to\nattend court);\n(h) any condition prescribed by regulation that applies to the\ncontact details means any of the following:\n(a) home address or phone number;\n(b) work address or phone number;\ndefined period means 24 hours or, if another period is prescribed by\nregulation, the prescribed period.\nprobation condition, of a good behaviour order for an offender—see\nthe Crimes (Sentencing) Act 2005, dictionary.\nsupervision condition means an additional condition (other than a\nprobation condition) of a good behaviour order that requires the\noffender to be subject to the director-general’s supervision.\n","sortOrder":86},{"sectionNumber":"87","sectionType":"section","heading":"Good behaviour—director-general directions","content":"87 Good behaviour—director-general directions\nwriting, to an offender.\n\n","sortOrder":87},{"sectionNumber":"88","sectionType":"section","heading":"Good behaviour order—end","content":"88 Good behaviour order—end\nA good behaviour order for an offender ends—\n(a) at the end of the term of the order; or\n(b) if the order is cancelled or discharged earlier under part 6.5 or\npart 6.6—when the cancellation or discharge takes effect.\n\n","sortOrder":88},{"sectionNumber":"Part 6","sectionType":"part","heading":"2 Good behaviour—community","content":"Part 6.2 Good behaviour—community\n","sortOrder":89},{"sectionNumber":"89","sectionType":"section","heading":"Application—pt 6.2","content":"89 Application—pt 6.2\nThis part applies if an offender’s good behaviour order is subject to a\ncommunity service condition.\n","sortOrder":90},{"sectionNumber":"90","sectionType":"section","heading":"Good behaviour orders—compliance with community","content":"90 Good behaviour orders—compliance with community\nservice condition\nTo comply with a community service condition of an offender’s good\nbehaviour order, the offender must comply with the requirements of\n","sortOrder":91},{"sectionNumber":"91","sectionType":"section","heading":"Good behaviour orders—community service work—","content":"91 Good behaviour orders—community service work—\ndo community service work that the director-general considers\n(2) The direction must include details of the following:\n(a) the community service work the offender must do;\n(b) the place to which the offender must report for the work (the\nreporting place);\n(d) the person (if any) to whom the offender must report (the work\nsupervisor);\n(e) the person the offender must tell if subsection (6) applies (the\ncorrections supervisor).\n\n(3) The direction may also include a requirement to be satisfied when\nreporting to do the community service work.\nExamples of reporting requirements directed by director-general\n1 the kinds of clothing, personal possessions and other things that the offender\nmust or must not have when reporting for the work\n2 cleanliness when reporting for the work\n(4) A direction under this section takes effect—\n(5) The offender must comply with the direction.\n(6) However—\n(a) the offender is not required to do work the offender is not\ncapable of doing; and\n(b) the direction must, as far as practicable, avoid any interference\nwith the offender’s normal attendance at another place for work\nor at a school or other educational institution.\n(7) The offender must also comply with any reasonable direction given\nto the offender, orally or in writing, by the work supervisor in relation\nto the community service work.\n(8) If the offender cannot comply with the director-general’s direction\nunder this section, the offender must—\n(a) tell the corrections supervisor as soon as possible; and\n(b) comply with the corrections supervisor’s directions.\nExamples where offender cannot comply\n1 the community service work to which the direction applies is not available at\nthe place\n2 it is impracticable for the offender to do the community service work\n\n","sortOrder":92},{"sectionNumber":"92","sectionType":"section","heading":"Good behaviour orders—community service work—","content":"92 Good behaviour orders—community service work—\nfailure to report etc\n(1) Subsection (2) applies if an offender—\n(a) fails to report to do community service work in accordance with\na direction under section 91; or\n(b) fails to do community service work in accordance with a\ndirection under section 91; or\n(c) fails to comply with a reasonable direction given to the offender\nby the work supervisor under section 91 in relation to the\ncommunity service work.\n(2) The director-general may direct the offender, orally or in writing, not\nto do the community service work and to leave the place where it was\nto be done.\n(3) Subsection (4) applies if—\n(a) an offender fails to report to do community service work for a\nperiod (a work period) in accordance with a direction under\nsection 91; and\n(b) the offender is at the time of the work period—\n(i) remanded in custody under a territory law or a law of the\n(ii) detained at a place under the Mental Health Act 2015.\n(4) The offender is taken to have performed community service work in\naccordance with the direction for the work period.\n(5) Subsection (6) applies if—\n(a) an offender fails to do community service work for a period\n(the unworked period) in accordance with a direction under\nsection 91; and\n\n(b) the director-general is satisfied the offender’s failure to do the\ncommunity service work in accordance with the direction for the\nunworked period is because of circumstances preventing the\nwork from being done, that were beyond the offender’s control.\nExamples—par (b)\n1 community service work cannot be done because of the weather\nconditions\n2 community service work cannot be done because of unforeseeable\nabsence of supervising staff\n(6) The director-general may direct that the offender is taken to have\ndone the community service work in accordance with the direction\nfor a period that is not more than the unworked period.\n(7) However, before making a direction under subsection (6), the\n(a) consider the purposes of sentencing under the Crimes\n(Sentencing) Act 2005, section 7; and\n(b) be satisfied the total period the offender is taken to have done\ncommunity service work during all unworked periods is not\nmore than—\n(i) 8 hours in a week; or\n(ii) 10% of the total number of hours of community service\nwork required to be performed by the offender.\n","sortOrder":93},{"sectionNumber":"93","sectionType":"section","heading":"Good behaviour orders—community service work—","content":"93 Good behaviour orders—community service work—\nmaximum daily hours\n(1) An offender must not do, or be credited with, more than 8 hours of\ncommunity service work on any day.\n\n(2) To work out the time spent by the offender doing community service\nwork—\n(a) only actual work time, and any breaks from work approved by\nthe work supervisor or corrections supervisor under section 91,\nis counted; and\n(b) if the total work time on any day includes part of an hour—that\npart is counted as 1 hour.\nExamples of maximum daily hours\n1 An offender, Sunny, is scheduled to perform 8 hours of community service\nwork on a particular day. However, Sunny goes home sick after performing\n2 hours and 10 minutes of community service work. He must be credited with\nhaving performed 3 hours work on that day.\n2 Another offender, Fleur, is scheduled to perform 5 hours of community service\nwork on that day. However, she works just 35 minutes because of bad weather.\nFleur must be credited with having performed work for 1 hour on that day.\n","sortOrder":94},{"sectionNumber":"93A","sectionType":"section","heading":"Good behaviour orders—community service work—","content":"93A Good behaviour orders—community service work—\ntherapy and education program limit\nParticipation in a program for therapy or education must not make up\nmore than 25% of the total number of hours of community service\nwork required to be performed by an offender subject to a community\nservice condition under a good behaviour order.\n","sortOrder":95},{"sectionNumber":"94","sectionType":"section","heading":"Good behaviour orders—community service work—","content":"94 Good behaviour orders—community service work—\nhealth disclosures\nAn offender must tell the director-general as soon as possible about\nany change of which the offender is aware in the offender’s physical\nor mental condition that affects the offender’s ability to do\ncommunity service work safely.\nThe indicators of unsuitability for community service set out in the Crimes\n(Sentencing) Act 2005, table 90.\n\n","sortOrder":96},{"sectionNumber":"95","sectionType":"section","heading":"Good behaviour orders—community service work—","content":"95 Good behaviour orders—community service work—\nalcohol and drug tests\ngive a test sample when reporting to do community service work.\n","sortOrder":97},{"sectionNumber":"96","sectionType":"section","heading":"Good behaviour orders—community service work—frisk","content":"96 Good behaviour orders—community service work—frisk\nsearches\nsubmit to a frisk search when reporting to do community service\nsearches apply, with any necessary changes, in relation to a direction\nunder this section and any frisk search conducted under the direction.\n\n","sortOrder":98},{"sectionNumber":"97","sectionType":"section","heading":"Good behaviour orders—community service work—","content":"97 Good behaviour orders—community service work—\nreports by entities\nentity under which the offender may participate in community service\nwork for the entity.\nwritten reports about the offender’s participation in the community\nservice work.\n\nGood behaviour—rehabilitation programs Part 6.3\nPart 6.3 Good behaviour—rehabilitation\nprograms\n","sortOrder":99},{"sectionNumber":"98","sectionType":"section","heading":"Application—pt 6.3","content":"98 Application—pt 6.3\nThis part applies if an offender’s good behaviour order is subject to a\nrehabilitation program condition.\n","sortOrder":100},{"sectionNumber":"99","sectionType":"section","heading":"Good behaviour orders—compliance with rehabilitation","content":"99 Good behaviour orders—compliance with rehabilitation\nprogram condition\nTo comply with a rehabilitation program condition of an offender’s\ngood behaviour order, the offender must comply with the\n","sortOrder":101},{"sectionNumber":"100","sectionType":"section","heading":"Good behaviour orders—rehabilitation programs—","content":"100 Good behaviour orders—rehabilitation programs—\n(1) The director-general may give an offender directions, orally or in\nwriting, in relation to a rehabilitation program condition to which the\noffender’s good behaviour order is subject.\n(2) Without limiting subsection (1), a direction may include details of the\n(a) the program the offender must attend;\n(b) the place to which the offender must report for the program;\n(d) the person (if any) to whom the offender must report.\n\nPart 6.3 Good behaviour—rehabilitation programs\n","sortOrder":102},{"sectionNumber":"101","sectionType":"section","heading":"Good behaviour orders—rehabilitation program","content":"101 Good behaviour orders—rehabilitation program\nproviders—reports by providers\nentity under which an offender may participate in a rehabilitation\nprogram provided by the entity.\nwritten reports about the offender’s participation in the rehabilitation\nprogram.\n\nGood behaviour—supervision Part 6.4\n","sortOrder":103},{"sectionNumber":"102","sectionType":"section","heading":"Good behaviour—breach of good behaviour obligation","content":"102 Good behaviour—breach of good behaviour obligation\ngrounds that an offender has breached any of the offender’s good\nbehaviour obligations (a reportable breach).\n(2) The corrections officer must, in writing—\n(a) make a record of the reportable breach; and\n(b) report the reportable breach to the sentencing court.\n(3) However, other than for a reportable breach the conduct of which\ncould constitute an offence, the corrections officer—\n(a) need not report the reportable breach to the sentencing court; and\n(b) may instead warn the offender about the reportable breach, and\nthat further reportable breaches may be reported to the\n(4) A report under subsection (2) and a warning under subsection (3)\nmust—\n(a) be recorded in writing; and\n(b) include the grounds for believing there has been a breach; and\n(c) for a report under subsection (2)—include a summary of any\nreportable breach for which the offender has previously been\nwarned and an explanation of why the warning was given; and\n(d) for a warning under subsection (3)—comply with the guidelines\nunder subsection (5).\n(5) The director-general must make guidelines about when a corrections\nofficer may warn an offender about a reportable breach.\n\n(6) The guidelines must set out—\n(a) the matters a corrections officer must consider before warning\nan offender; and\n(b) procedures about how and when a corrections officer may warn\nan offender; and\n(c) the circumstances in which a corrections officer must report a\nreportable breach to the sentencing court.\n(7) A guideline is a notifiable instrument.\nNote Power to make a guideline includes power to make different provision in\nrelation to different matters or different classes of matters, and to make a\nguideline that applies differently by reference to stated exceptions or\nfactors (see Legislation Act, s 48).\nNote For other young offenders, see s 320G (Young offenders—breach of\ngood behaviour obligations).\n","sortOrder":104},{"sectionNumber":"103","sectionType":"section","heading":"Arrest without warrant—breach of good behaviour","content":"103 Arrest without warrant—breach of good behaviour\ngrounds, that an offender has breached any of the offender’s good\nbehaviour obligations.\n\nGood behaviour—supervision Part 6.4\n(3) If the police officer arrests the offender, the police officer must, as\n(a) the sentencing court; or\n(b) if the sentencing court is not sitting—a magistrate.\n","sortOrder":105},{"sectionNumber":"104","sectionType":"section","heading":"Arrest warrant—breach of good behaviour obligations etc","content":"104 Arrest warrant—breach of good behaviour obligations etc\nsatisfied, by information on oath that—\n(a) there are reasonable grounds for suspecting that the offender has\nbreached, or will breach, any of the offender’s good behaviour\nobligations; or\n(b) the offender has failed to comply with—\n(i) an agreement under section 105 (Good behaviour—\nagreement to attend court); or\n(ii) a summons under section 106 (Good behaviour—\nsummons to attend court).\n(d) order the offender’s arrest and bringing the offender before the\n\n(a) the sentencing court; or\n(b) if the sentencing court is not sitting—a magistrate.\n","sortOrder":106},{"sectionNumber":"105","sectionType":"section","heading":"Good behaviour—agreement to attend court","content":"105 Good behaviour—agreement to attend court\nA police officer or corrections officer may ask an offender to sign a\nvoluntary agreement to appear before the sentencing court.\n","sortOrder":107},{"sectionNumber":"106","sectionType":"section","heading":"Good behaviour—summons to attend court","content":"106 Good behaviour—summons to attend court\n(1) This section applies if information alleging that an offender has\nbreached any of the offender’s good behaviour obligations is before\nthe offender’s sentencing court.\n(2) The sentencing court may issue a summons directing the offender to\nappear before the court to be dealt with under this part.\n(3) The registrar of the sentencing court must ensure that a copy of the\nsummons is given to each interested person for the good behaviour\n\n","sortOrder":108},{"sectionNumber":"107","sectionType":"section","heading":"Offence committed while under good behaviour order","content":"107 Offence committed while under good behaviour order\n(1) If the Supreme Court finds an offender guilty of an offence committed\nduring the term of the offender’s good behaviour order, the court may\ndeal with the offender under this part for breach of the offender’s\ngood behaviour obligations.\n(2) If the Magistrates Court finds an offender guilty of an offence\ncommitted during the term of the offender’s good behaviour order,\nand the order was made or changed by the Supreme Court, the\nMagistrates Court must, in addition to dealing with the offender for\nthe offence, commit the offender to the Supreme Court to be dealt\nwith under this part for breach of the offender’s good behaviour\n(3) For subsection (2), a magistrate may remand the offender in custody\nuntil the offender can be brought before the Supreme Court.\n","sortOrder":109},{"sectionNumber":"108","sectionType":"section","heading":"Court powers—breach of good behaviour obligations","content":"108 Court powers—breach of good behaviour obligations\n(a) a court is satisfied an offender has breached any of the offender’s\ngood behaviour obligations; and\n(b) section 110 (Cancellation of good behaviour order with\nsuspended sentence order) does not apply to the offender’s good\nbehaviour order.\n(2) The court may do 1 or more of the following:\noffender’s good behaviour obligations;\n\n(d) amend the good behaviour order;\n(e) if the offender has given security under the order—\n(i) order payment of the security to be enforced; and\n(ii) order the good behaviour order to be cancelled on payment\nof the security (if the term of the order has not already\nended);\n(f) cancel the order.\nExamples for par (d)\nimpose or amend an additional condition of the order, or amend the term of the\n(3) If the court cancels the good behaviour order, the court must—\n(a) if section 109 applies to the offender’s good behaviour order—\ndeal with the offender under that section; or\n(b) in any other case—re-sentence the offender for the offence for\nwhich the good behaviour order was made (the relevant\noffence).\n(4) The Crimes (Sentencing) Act 2005 applies to the re-sentencing in the\nsame way that it applies to the sentencing of an offender on a\nconviction for the relevant offence.\n(5) The court’s powers under this section are subject to section 113\n(Good behaviour orders—limitations on amendment or discharge).\n(6) To remove any doubt, an offender re-sentenced by a court under this\nsection has the same right of appeal as the offender would have had\nif sentenced by the court on being convicted of the relevant offence.\n\n","sortOrder":110},{"sectionNumber":"109","sectionType":"section","heading":"Cancellation of good behaviour order made as","content":"109 Cancellation of good behaviour order made as\nnon-conviction order\n(a) an offender’s good behaviour order was made under the Crimes\n(Sentencing) Act 2005, section 17 (2) (b) (Non-conviction\norders—general); and\n(b) a court cancels the order under section 108.\n(2) The court must—\n(a) convict the offender of the offence for which the good behaviour\norder was made; and\n(b) sentence the offender for the offence.\n(3) The Crimes (Sentencing) Act 2005 applies to the sentencing in the\nsame way that it applies to the sentencing of an offender on conviction\nfor the offence.\n","sortOrder":111},{"sectionNumber":"110","sectionType":"section","heading":"Cancellation of good behaviour order with suspended","content":"110 Cancellation of good behaviour order with suspended\nsentence order\n(a) an offender’s good behaviour order was made under the Crimes\n(Sentencing) Act 2005, section 12 (3) (Suspended sentences) on\nthe offender’s conviction for an offence; and\n(b) a court is satisfied the offender has breached any of the\noffender’s good behaviour obligations.\n(2) The court must cancel the good behaviour order and either—\n(a) impose the suspended sentence imposed for the offence; or\n(b) re-sentence the offender for the offence.\n\n(3) If the offender has given security under the good behaviour order, the\ncourt may also—\n(a) order payment of the security to be enforced; and\n(b) order the good behaviour order to be cancelled on payment of\nthe security (if the term of the order has not already ended).\n(4) The Crimes (Sentencing) Act 2005 applies to the re-sentencing in the\nsame way that it applies to the sentencing of an offender on conviction\nfor the offence.\nThe Magistrates Court convicted Desmond of an offence. The court sentenced\nDesmond to imprisonment for 6 months for the offence and made a suspended\nsentence order for the entire sentence of imprisonment. The court also made a good\nbehaviour order for the 6-month period. Desmond breaches the order. In\nre-sentencing Desmond, the court may impose a sentence of imprisonment to be\nserved by intensive correction.\n(5) To remove any doubt, an offender re-sentenced by a court under this\nsection has the same right of appeal as the offender would have had\nif sentenced by the court on being convicted of the offence.\n","sortOrder":112},{"sectionNumber":"111","sectionType":"section","heading":"Enforcing security under good behaviour order","content":"111 Enforcing security under good behaviour order\n(1) This section applies if a court cancels the offender’s good behaviour\norder under section 108, or section 110, and orders enforcement of\npayment of the security under the order.\n(2) When filed by the registrar of the court, the cancelled good behaviour\norder has the same effect as a final judgment of the court in favour of\nthe Territory against the offender and any surety bound by the order.\n(3) To remove any doubt, the security under the cancelled good\nbehaviour order may be enforced—\n(a) as if it were a judgment mentioned in subsection (2); and\n\n(b) whether or not the order remains in force; and\n(c) even though the court sentences or re-sentences the offender for\nthe offence.\n\nPart 6.6 Good behaviour orders—amendment and discharge\nPart 6.6 Good behaviour orders—\namendment and discharge\n112 Court powers—amendment or discharge of good\nbehaviour order\n(1) A court may, by order—\n(a) amend an offender’s good behaviour order; or\n(b) discharge an offender’s good behaviour order.\nExample for par (a)\nThe court may impose or amend an additional condition of the order, or amend the\nterm of the order.\nExample for par (b)\nThe court is satisfied that the conduct of the offender makes it unnecessary that the\noffender continue to be bound by the order.\nNote Amend includes omit or substitute (see Legislation Act, dict, pt 1).\n(2) The court may act under this part—\n(b) on application by an interested person for the good behaviour\n(3) The amendment of the good behaviour order takes effect as stated in\nthe court order.\n(4) This section is subject to section 113.\n","sortOrder":113},{"sectionNumber":"113","sectionType":"section","heading":"Good behaviour orders—limitations on amendment or","content":"113 Good behaviour orders—limitations on amendment or\n(1) A court must not amend an offender’s good behaviour order—\n(a) to increase the number of hours of community service work to\nbe done under the order; or\n\nGood behaviour orders—amendment and discharge Part 6.6\n(b) for an order mentioned in the Crimes (Sentencing) Act 2005,\nsection 17 (7) (Non-conviction orders—general)—to extend the\nterm of the order beyond 3 years.\n(2) A court may not amend an offender’s good behaviour order in a way\nthat would be inconsistent with a core condition of the order.\n(3) If the Supreme Court made, or amended, an offender’s good\nbehaviour order, the Magistrates Court must not amend the order in a\nway that would be inconsistent with the order as made, or amended,\nby the Supreme Court.\n(4) However, subsection (3) does not apply to a requirement, incidental\nto a proceeding before the Magistrates Court, that is not inconsistent\nwith the substance of the good behaviour as made, or amended, by\nthe Supreme Court.\n(5) If the Supreme Court made or amended an offender’s good behaviour\norder, the Magistrates Court must not discharge the order.\n","sortOrder":114},{"sectionNumber":"114","sectionType":"section","heading":"Good behaviour orders—effect of amendment on sureties","content":"114 Good behaviour orders—effect of amendment on sureties\n(1) This section applies if a court amends an offender’s good behaviour\norder by—\n(a) extending the term of the order; or\n(b) amending or including an additional condition in the order.\n(2) Any surety under the good behaviour order is not bound by the\namendment without the surety’s agreement.\n(3) If the surety does not agree to be bound by the amendment, the court\nmust direct the extent (if any) to which the surety’s unchanged\nobligations are to operate under the amended order.\n(4) If the court gives a direction under subsection (3), the surety is bound\nunder the good behaviour order only as stated in the direction.\n\n","sortOrder":115},{"sectionNumber":"115","sectionType":"section","heading":"Good behaviour proceedings—rights of interested","content":"115 Good behaviour proceedings—rights of interested\nperson\n(1) An interested person for a good behaviour order may appear before a\ncourt in a proceeding under this chapter.\n(2) A court must give each interested person for a good behaviour order\n(whether or not the person appeared before the court)—\n(a) written notice of the court’s decision; and\n(b) a copy of any order or direction by the court.\n","sortOrder":116},{"sectionNumber":"116","sectionType":"section","heading":"Good behaviour—court powers after end of order","content":"116 Good behaviour—court powers after end of order\nA court may act under this chapter in relation to anything arising\nduring the term of a good behaviour order, even if the term of the\norder has ended.\n\nGeneral Part 6A.1\n","sortOrder":117},{"sectionNumber":"116A","sectionType":"section","heading":"Definitions—ch 6A","content":"116A Definitions—ch 6A\nadministrative fee means the administrative fee mentioned in\nsection 116G.\ndefault—a person defaults in paying a fine (or any relevant\nadministrative fee in relation to the fine) if the person fails to pay any\npart of the amount payable by—\n(a) the due date stated in the relevant penalty notice; or\n(b) if a default notice has been issued in relation to the fine—the\ndate stated in the default notice; or\n(c) if the person has an arrangement approved under section 116K\nfor the fine—the date required under the arrangement.\ndefault notice means a notice in force under section 116H and\nincludes any variation under section 116K.\nearnings redirection order—see section 116Y (2).\nenforcement officer means—\n(a) the sheriff, a deputy sheriff or a sheriff’s assistant under the\nSupreme Court Act 1933; or\n(b) a person appointed by the director-general as an enforcement\nofficer for this chapter.\nNote 2 In particular, an appointment may be made by naming a person or\nnominating the occupant of a position (see Legislation Act, s 207).\n\nexamination hearing means an examination hearing under\nsection 116T.\nexamination notice—see section 116P.\nexamination warrant—see section 116R.\nfine means—\n(a) a fine payable under a fine order under the Crimes (Sentencing)\nAct 2005; or\n(b) a fee or charge payable to the Territory that is imposed by a court\nin a proceeding for an offence; or\n(c) costs payable to the Territory under a court order in a proceeding\nfor an offence; or\n(d) a victims financial assistance levy imposed under the Victims of\nCrime (Financial Assistance) Act 2016; or\n(e) a victims services levy imposed under the Victims of Crime\nAct 1994; or\n(f) an amount payable under a reparation order under the Crimes\n(Sentencing) Act 2005 to—\n(i) the Territory; or\n(ii) a person in relation to whom a reparation order agreement\nmentioned in section 116ZQ is in force; or\n(g) a financial penalty imposed, other than under the Crimes\n(Sentencing) Act 2005, in relation to an offence.\nfine defaulter means a person who defaults in paying a fine (or any\nrelevant administrative fee in relation to the fine).\nfine enforcement order means an order of the Magistrates Court\nunder section 116X for the enforcement of a fine.\n\nGeneral Part 6A.1\noutstanding fine, in relation to a person, means the total of—\n(a) the whole or any part of a fine that the person is liable to pay;\nand\n(b) the whole or any part of an administrative fee that the person is\nliable to pay in relation to the fine.\npenalty notice means a notice in force under section 116C and\nincludes any variation under section 116K.\nproperty seizure order—see section 116ZA.\nregistrar means the registrar of the Magistrates Court and includes a\ndeputy registrar of the court.\nreminder notice means a notice mentioned in section 116J.\nterritory entity—see the Auditor-General Act 1996, dictionary.\nvoluntary community work order—see section 116ZE.\nyoung fine defaulter means a fine defaulter who was under 18 years\nold when the offence to which the fine relates was committed.\n","sortOrder":118},{"sectionNumber":"116B","sectionType":"section","heading":"Payment of fine","content":"116B Payment of fine\nA fine is payable under this chapter to the Territory (through the\nregistrar or the director-general).\n\n","sortOrder":119},{"sectionNumber":"Part 6A","sectionType":"part","heading":"2 Penalty notices, default notices","content":"Part 6A.2 Penalty notices, default notices\nand payment arrangements\n","sortOrder":120},{"sectionNumber":"116C","sectionType":"section","heading":"Registrar to send penalty notice","content":"116C Registrar to send penalty notice\n(1) If an offender is liable to pay a fine as a result of a conviction or order\nby the Supreme Court—\n(a) the registrar of the Supreme Court must give the registrar a copy\nof the conviction or order; and\n(b) the registrar must give the offender a penalty notice for the fine.\n(2) If an offender is liable to pay a fine as a result of a conviction or order\nby the Magistrates Court, the notice of the conviction or order\nrequired by the Magistrates Court Act 1930, section 116I\n(Consequences of conviction in absence of defendant) or\nsection 141 (1) (b) (Minute of decision and notice to defendant) must\ncontain a penalty notice for the fine.\nNote More than 1 penalty notice may be given to an offender as a result of a\nconviction or order by the Supreme Court or Magistrates Court. For\nexample, a penalty notice may be given in relation to a fine payable under\na fine order under the Crimes (Sentencing) Act 2005 in relation to the\nconviction or order and another penalty notice may be given in relation\nto a victims services levy imposed under the Victims of Crime Act 1994\nin relation to the same conviction or order.\n(3) A penalty notice for a fine must—\n(a) state the amount of the fine and the due date for payment; and\n(b) if the fine is payable by instalments—specify the amount of each\ninstalment; and\n(c) state that if the fine or any instalment is not paid by the due date\nfor payment the offender is liable for the administrative fee\nunder section 116G in addition to the outstanding amount of the\nfine; and\n\n(d) state that, under section 116K, the director-general may, on\nwritten application made before the due date for payment,\napprove an alternative arrangement about payment of the fine;\nand\n(e) state the obligation to notify the registrar of the offender’s\ncontact details, and any change of contact details, under\nsection 116D.\nNote A penalty notice may be varied under s 116K (Payment arrangements).\n","sortOrder":121},{"sectionNumber":"116D","sectionType":"section","heading":"Offender to give registrar contact details","content":"116D Offender to give registrar contact details\n(1) An offender on whom a fine is imposed must give the registrar their\ncontact details within 7 days after the day the fine is imposed.\n(2) An offender who is liable to pay a fine and who changes their contact\ndetails before the fine and any relevant administrative fee are paid\nmust give the registrar their new contact details within 7 days after\nthe day the change happens.\n(3) An offender who is liable to pay a fine must give the registrar\nevidence of their contact details if required to do so by the registrar.\n(4) Subsections (1), (2) and (3) do not apply if the person has a reasonable\nexcuse.\nNote The defendant has an evidential burden in relation to the matters\nmentioned in s (4) (see Criminal Code, s 58).\ncontact details, for an offender, means the following details:\n(a) home address;\n(b) postal address;\n\n(c) email address (if any);\n(d) home phone number (if any);\n(e) mobile phone number (if any).\n","sortOrder":122},{"sectionNumber":"116E","sectionType":"section","heading":"Registrar may ask other people for offender’s contact","content":"116E Registrar may ask other people for offender’s contact\ndetails\n(1) The registrar may, in writing, ask a relevant person to give the\nregistrar any contact details that they hold for a stated offender who\nis liable to pay a fine.\n(2) The relevant person must comply with the request as far as\ncontact details, for an offender—see section 116D (5).\nrelevant person means—\n(a) the chief police officer; or\n(b) the housing commissioner; or\n(c) the chief executive (however described) of—\n(i) an administrative unit; or\n(ii) Icon Water Limited; or\n(iii) a territory entity prescribed by regulation.\n","sortOrder":123},{"sectionNumber":"116F","sectionType":"section","heading":"Doubtful service","content":"116F Doubtful service\n(a) a document has been served on an offender for this chapter\notherwise than by personal service; and\n\n(b) the registrar is satisfied that—\n(i) the document has not come to the knowledge of the\noffender; or\n(ii) doubt exists whether the document has come to the\nknowledge of the offender.\n(2) The registrar must not take any further action under this chapter in\nrelation to the offender unless—\n(a) the document has been served again on the offender in the way\nthe registrar considers appropriate; and\n(b) the registrar is satisfied that the document has come to the\nknowledge of the offender.\n","sortOrder":124},{"sectionNumber":"116G","sectionType":"section","heading":"Liability for administrative fee","content":"116G Liability for administrative fee\nIf any part of a fine payable by an offender remains unpaid after the\ndue date stated in the penalty notice for the fine, the offender is liable\nto pay to the Territory, in addition to the amount of the fine that\nremains unpaid, the administrative fee determined under the Court\nProcedures Act 2004, part 3 (Court and tribunal fees).\n","sortOrder":125},{"sectionNumber":"116H","sectionType":"section","heading":"Default notice","content":"116H Default notice\n(1) If an offender defaults in paying a fine, the director-general must send\nthe fine defaulter a default notice.\n(2) However, the director-general must not send the default notice to the\nfine defaulter until 28 days after the due date for payment of the fine.\n(3) The default notice must be sent to the fine defaulter’s last-known\npostal address or email address.\n\n","sortOrder":126},{"sectionNumber":"116I","sectionType":"section","heading":"Form of default notice","content":"116I Form of default notice\n(1) A default notice must include the following:\n(a) details about the fine to which the notice relates including the\n(i) the offence for which the fine was imposed;\n(ii) the date on which the fine was imposed;\n(iii) the amount of the fine imposed;\n(iv) the due date for payment of the fine;\n(v) if the fine was ordered to be paid by instalments—the due\ndates for payment;\n(vi) the outstanding amount of the fine;\n(vii) the administrative fee payable for the fine;\n(viii) the default to which the notice relates;\n(b) a statement that an arrangement for the fine defaulter to pay the\nfine may, on application, be approved by the director-general\nunder section 116K;\n(c) a statement that the director-general will commence fine\nenforcement action against the defaulter if—\n(i) the fine and administrative fee is not paid in full; and\n(ii) an arrangement is not approved under section 116K for the\nfine or, if an arrangement is approved, the defaulter fails to\ncomply with the arrangement;\n(d) a list of the following fine enforcement measures that may or\nmust be imposed on the defaulter if the director-general\ncommences fine enforcement action:\n(i) suspension of the defaulter’s driver licence;\n\n(ii) if the defaulter is the responsible person (or a responsible\nperson) for a vehicle—suspension of the vehicle’s\nregistration;\n(iii) an order allowing the outstanding amount of the fine to be\ndeducted from the defaulter’s earnings or account with a\nfinancial institution or both;\n(iv) seizure and sale of the defaulter’s property;\n(v) a voluntary community work order;\n(vi) imprisonment;\n(e) a statement of the obligation of the defaulter to notify the\nregistrar of any change of contact details under section 116D.\n(2) The director-general may specify in a default notice particulars about\na fine defaulter’s property or financial circumstances that must be set\nout in any application by the defaulter for approval of an arrangement\nunder section 116K.\nNote A default notice may be varied under s 116K (Payment arrangements).\nresponsible person, for a vehicle—see the Road Transport (General)\nAct 1999, section 10 and section 11.\n","sortOrder":127},{"sectionNumber":"116J","sectionType":"section","heading":"Reminder notice","content":"116J Reminder notice\n(1) The director-general must send a reminder notice to a fine defaulter\n14 days after sending a default notice to the defaulter if—\n(a) the outstanding fine has not been paid; and\n(b) no arrangement has been approved under section 116K for the\nfine or, if an arrangement has been approved, the defaulter failed\nto comply with the arrangement.\n(2) The reminder notice must be sent to the fine defaulter’s last-known\npostal address or email address.\n\n","sortOrder":128},{"sectionNumber":"116K","sectionType":"section","heading":"Payment arrangements","content":"116K Payment arrangements\n(1) The director-general may, on application, approve in writing an\narrangement for—\n(a) further time for the payment of all or part of an outstanding fine;\nor\n(b) payment of all or part of an outstanding fine by instalments.\n(2) An arrangement under subsection (1) may also be made for an amount\nthat is overdue for payment under a previous approved arrangement.\n(3) To the extent to which an approved arrangement is inconsistent with\nan order about payment of the fine made by the court that imposed it,\nthe arrangement prevails.\n(4) An application for approval of an arrangement must—\n(a) be in writing; and\n(b) state the grounds on which it is made; and\n(c) be given to the director-general by the due date for payment\nstated in the current penalty notice or default notice for the fine;\nand\n(d) for an offender to whom a default notice has been sent—contain\nany particulars requested by the director-general in the notice.\n(5) An offender may not make an application under this section in\nrelation to a fine if the offender is subject to a voluntary community\nwork order, or committed to imprisonment, in relation to the fine.\n(6) If an approval of an arrangement concerns a fine for which a penalty\nnotice or default notice has been given to an offender, the\n(a) vary the current penalty notice or default notice in accordance\nwith the approval; and\n(b) give the offender a copy of the notice as varied.\n\nReporting fine defaulters Division 6A.3.1\n","sortOrder":129},{"sectionNumber":"Div 6A","sectionType":"division","heading":"3.1 Reporting fine defaulters","content":"Division 6A.3.1 Reporting fine defaulters\n","sortOrder":130},{"sectionNumber":"116L","sectionType":"section","heading":"Application—pt 6A.3","content":"116L Application—pt 6A.3\nThis part applies if—\n(a) a default notice and reminder notice have been sent to a fine\ndefaulter in relation to a fine; and\n(b) 28 days after the default notice was sent—\n(i) the outstanding fine has not been paid; and\n(ii) no arrangement has been approved under section 116K for\nthe fine or, if an arrangement has been approved, the\ndefaulter has failed to comply with the arrangement.\n","sortOrder":131},{"sectionNumber":"116M","sectionType":"section","heading":"Director-general to notify road transport authority","content":"116M Director-general to notify road transport authority\n(1) The director-general must give written notice to the road transport\nauthority with the following information:\n(a) the fine defaulter’s name, home address and date of birth;\n(b) the offence for which the defaulter was convicted;\n(c) the amount of the fine imposed for the offence;\n(d) a statement that the fine and administrative fee for the fine have\nnot been paid in full;\n(e) if the defaulter has failed to comply with an arrangement\napproved under section 116K for the fine—a statement to that\neffect.\n(2) The director-general must give the road transport authority written\nnotice if—\n(a) the outstanding fine is paid; or\n\n(b) the director-general approves an arrangement under\nsection 116K for payment of the outstanding fine; or\n(c) the outstanding fine is remitted under section 116ZO (Remission\nof fine by director-general) or section 313 (Remission of\npenalties); or\n(d) the outstanding fine is discharged because the fine defaulter has\ncompleted a voluntary community work order under\ndivision 6A.3.7 or served a period of imprisonment under an\norder under division 6A.3.8; or\n(e) the conviction or order that gave rise to the liability to pay the\nfine is quashed or set aside.\nDivision 6A.3.2 Examining fine defaulter’s financial\ncircumstances\n","sortOrder":132},{"sectionNumber":"116O","sectionType":"section","heading":"Examination by director-general","content":"116O Examination by director-general\nThe director-general may conduct an examination of a fine defaulter\nunder this division to determine—\n(a) the financial position of the defaulter; and\n(b) what fine enforcement action (if any) should be taken against\nthe defaulter.\n","sortOrder":133},{"sectionNumber":"116P","sectionType":"section","heading":"Examination notice","content":"116P Examination notice\n(1) The director-general may serve a notice (an examination notice) on\na fine defaulter if the director-general considers that information in\ndocuments sought under the notice would assist the director-general\nto make a determination under section 116O.\nNote The Legislation Act, pt 19.5, deals with service of documents on\nindividuals and corporations.\n\n(2) An examination notice may require the fine defaulter to produce to\nthe director-general, within 14 days after the date of the notice and at\na time and place stated in the notice, a document or documents stated\nin the notice.\n(3) The director-general may allow the fine defaulter to satisfy the\nrequirement to produce a document by providing oral information\nabout any document required to be produced under the notice.\n(4) An examination notice in relation to a fine must not be served on a\nfine defaulter if the defaulter would be required to comply with the\nnotice within 6 months after having complied with an earlier\nexamination notice for the same fine.\n","sortOrder":134},{"sectionNumber":"116Q","sectionType":"section","heading":"Examination notice—content","content":"116Q Examination notice—content\nAn examination notice may require the fine defaulter to produce a\ndocument with 1 or more of the following:\n(a) details about any account the defaulter has with a financial\ninstitution, including the balance of the account;\n(b) details about the defaulter’s income;\n(c) details about any cash the defaulter possesses or has access to;\n(d) details about any other property the defaulter owns or has a legal\nor equitable interest in;\n(e) details about any debts owing to the defaulter;\n(f) the amount of money the defaulter reasonably needs for living\nexpenses;\n(g) whether the defaulter has any dependents and, if so, the amount\nof money the defaulter needs to provide for them;\n(h) the hardship (if any) that would be caused to the defaulter as a\nresult of paying the fine;\n\n(i) the hardship (if any) that would be caused to anyone else as a\nresult of the defaulter paying the fine;\n(j) relevant information relating to matters mentioned in this\nsection.\n","sortOrder":135},{"sectionNumber":"116R","sectionType":"section","heading":"Examination warrant—issue","content":"116R Examination warrant—issue\n(1) If the director-general believes on reasonable grounds that a fine\ndefaulter served with an examination notice has not complied with\nthe notice, the director-general may apply to the registrar for a warrant\n(an examination warrant) for the arrest of the defaulter.\n(2) The registrar may refuse to consider the application until the\ndirector-general gives the registrar all the information the registrar\nrequires about the application in the way the registrar requires.\n(3) The registrar may issue an examination warrant for a fine defaulter\nonly if satisfied that the defaulter was served with an examination\nnotice under section 116P and—\n(a) the defaulter, without reasonable excuse, failed to comply with\na requirement of the notice; or\n(b) the defaulter—\n(i) provided information that was false or misleading in a\nmaterial particular; or\n(ii) omitted something without which the information was\nmisleading.\n(4) An examination warrant authorises an enforcement officer to—\n(a) arrest the fine defaulter named or otherwise described in the\n(b) bring the defaulter before the registrar.\n\n","sortOrder":136},{"sectionNumber":"116S","sectionType":"section","heading":"Examination warrant—contents and execution","content":"116S Examination warrant—contents and execution\n(1) An examination warrant must—\n(a) name or otherwise describe the fine defaulter whose\napprehension is authorised by the warrant; and\n(b) state briefly the reason for its issue; and\n(c) require an enforcement officer to arrest the defaulter and bring\nhim or her before the registrar to be examined at an examination\nhearing; and\n(d) be expressed to end not later than 3 months after the day it is\nissued.\n(2) An enforcement officer executing the warrant—\n(a) may, with necessary assistance and force, enter any premises to\narrest the fine defaulter named or otherwise described in the\n(b) must use not more than the minimum amount of force necessary\nto arrest the defaulter and remove him or her to the place stated\nin the warrant; and\n(c) may ask a police officer to help in the exercise of the\nenforcement officer’s powers under the warrant; and\n(d) must, before removing the defaulter, explain to him or her the\npurpose of the warrant; and\n(e) must bring the defaulter immediately before the registrar; and\n(f) if the defaulter is under a legal disability—must tell a parent or\nguardian of the defaulter about the arrest; and\n(g) must tell the director-general of the defaulter’s arrest.\n(3) A police officer asked by an enforcement officer to help execute the\nwarrant must give the enforcement officer the reasonable help the\nenforcement officer requires, if it is practicable to give the help.\n\n(4) The enforcement officer must immediately release a fine defaulter\narrested under an examination warrant if the officer believes on\nreasonable grounds that the defaulter—\n(a) has, before or after being arrested, complied with the\nrequirements of the examination notice that gave rise to the\nexamination warrant; or\nA defaulter may comply with an examination notice requirement after being\narrested if someone else helps the defaulter to comply with the requirement\nwhile the defaulter is under arrest.\n(b) cannot be brought immediately before the registrar.\n(5) An examination warrant continues in force until whichever of the\nfollowing happens first:\n(a) the warrant is executed;\n(b) the warrant is set aside by the registrar and the enforcement\nofficer is told that the warrant has been set aside;\n(c) the end of 3 months after the day the warrant is issued.\n(6) For subsection (5) (a), a warrant is executed when—\n(a) the fine defaulter has been brought before the registrar and\nexamined under section 116T; or\n(b) the examination is adjourned to another day.\n","sortOrder":137},{"sectionNumber":"116T","sectionType":"section","heading":"Examination hearing before registrar","content":"116T Examination hearing before registrar\n(1) This section applies if an examination warrant for a fine defaulter has\nbeen issued and—\n(a) the defaulter has been brought before the registrar on the\nwarrant; or\n(b) otherwise attends before the registrar.\n\n(2) The registrar must—\n(a) set a date for an examination hearing and, by subpoena, require\nthe fine defaulter to attend before the registrar, at the time and\nplace stated in the subpoena—\n(i) to answer questions and give information; and\n(ii) to produce the documents or other things (if any) stated in\nthe subpoena; and\n(b) conduct the examination hearing to determine the financial\nposition of the defaulter.\n(3) The registrar may adjourn an examination hearing from time to time\nand may, by order, require the fine defaulter to attend an adjourned\nexamination hearing.\n(4) The director-general is a party to any proceeding conducted under this\nsection.\n(5) If the director-general has been told the date, time and place for the\nexamination hearing, or adjourned examination hearing, but does not\nattend before the registrar, the registrar may—\n(a) set aside the order for the examination hearing; or\n(b) conduct the examination in the absence of the director-general.\n(6) At an examination hearing, the fine defaulter may—\n(a) be examined orally on oath about—\n(i) the assets, liabilities, expenses and income of the defaulter;\nand\n(ii) any other means the defaulter has of satisfying the\noutstanding fine; and\n(iii) the defaulter’s financial circumstances generally; and\nNote Oath includes affirmation (see Legislation Act, dict, pt 1).\n\n(b) be required, by order, to produce any document substantiating\nanything relevant to—\n(i) the assets, liabilities, expenses and income of the defaulter;\nand\n(ii) any other means the defaulter has of satisfying the\noutstanding fine; and\n(iii) the defaulter’s financial circumstances generally.\n(7) The examination hearing—\n(a) must be conducted by the registrar; and\n(b) may be conducted in open court or in the absence of the public\nas the registrar directs.\n(8) An examination hearing before the registrar is a legal proceeding for\nthe Criminal Code, chapter 7 (Administration of justice offences).\nNote The Magistrates Court Act 1930, s 307 deals with contempt of the\nMagistrates Court.\n","sortOrder":138},{"sectionNumber":"116U","sectionType":"section","heading":"Examination hearing warrant—issue","content":"116U Examination hearing warrant—issue\n(a) a fine defaulter is required to attend an examination hearing,\nincluding an adjourned examination hearing; and\n(b) the defaulter fails to attend the hearing as required by the order.\n(2) The registrar may issue a warrant (an examination hearing warrant)\nordering an enforcement officer to apprehend the fine defaulter and\nbring the defaulter before the registrar to be examined at the\nexamination hearing if the registrar—\n(a) is satisfied that the defaulter was aware that he or she was\nrequired to attend the hearing; and\n(b) considers that the defaulter does not have a reasonable excuse\nfor not attending the hearing.\n\n(3) The registrar may issue the examination hearing warrant on\napplication by the director-general or on the registrar’s own initiative.\n(4) A fine defaulter apprehended under an examination hearing warrant\nmust be brought before the registrar to be examined at an examination\nhearing.\n","sortOrder":139},{"sectionNumber":"116V","sectionType":"section","heading":"Examination hearing warrant—contents and execution","content":"116V Examination hearing warrant—contents and execution\n(1) An examination hearing warrant must—\n(a) name or otherwise describe the fine defaulter whose\napprehension is authorised by the warrant; and\n(b) state briefly the reason for its issue; and\n(c) require an enforcement officer to arrest the defaulter and bring\nhim or her before the registrar to be examined at an examination\nhearing; and\n(d) be expressed to end not later than 3 months after the day it is\nissued.\n(2) An enforcement officer executing the warrant—\n(a) may, with necessary assistance and force, enter any premises to\narrest the fine defaulter named or otherwise described in the\n(b) must use not more than the minimum amount of force necessary\nto arrest the defaulter and remove him or her to the place stated\nin the warrant; and\n(c) may ask a police officer to help in the exercise of the\nenforcement officer’s powers under the examination hearing\n(d) must, before removing the defaulter, explain to him or her the\npurpose of the warrant; and\n(e) must bring the defaulter immediately before the registrar; and\n\n(f) if the defaulter is under a legal disability—must tell a parent or\nguardian of the defaulter about the arrest; and\n(g) must tell the director-general of the defaulter’s arrest.\n(3) A police officer asked by an enforcement officer to assist in executing\nthe warrant must give the enforcement officer the reasonable help the\nenforcement officer requires, if it is practicable to give the help.\n(4) An examination hearing warrant continues in force until whichever\nof the following happens first:\n(a) the warrant is executed;\n(b) the warrant is set aside by the registrar and the enforcement\nofficer is told that the warrant has been set aside;\n(c) the end of 3 months after the date the warrant is issued.\n(5) For subsection (4) (a), a warrant is executed when—\n(a) the fine defaulter has been brought before the registrar and\nexamined under section 116T; or\n(b) the examination is adjourned to another day.\n","sortOrder":140},{"sectionNumber":"116W","sectionType":"section","heading":"Director-general may apply for fine enforcement order","content":"116W Director-general may apply for fine enforcement order\n(1) The director-general may apply to the Magistrates Court for a fine\nenforcement order against a fine defaulter.\n(2) An application by the director-general under this section must include\n(a) a statement setting out the grounds of the application\nincluding—\n(i) the reasons why the director-general considers the order\nwould not be unfair or cause undue hardship to the fine\ndefaulter or any other person affected by the order; and\n\nFine enforcement orders—general Division 6A.3.3\n(ii) if the director-general seeks a particular fine enforcement\norder—the reasons why the director-general seeks the\norder;\n(b) an affidavit from the director-general setting out—\n(i) details of the offence for which the fine forming the basis\nof the application was imposed; and\n(ii) details of the steps taken by the director-general to tell the\nfine defaulter about the default; and\n(iii) if any oral information about the defaulter’s financial\ncircumstances was given to the director-general under an\nexamination notice—the information given;\n(c) if any documents were produced to the director-general under\nan examination notice—the documents;\n(d) if the defaulter appeared at an examination hearing, the\nfollowing information:\n(i) if the defaulter produced any documents—the documents;\n(ii) if the defaulter gave oral evidence—a transcript of the\nevidence.\n","sortOrder":141},{"sectionNumber":"116X","sectionType":"section","heading":"Magistrates court may make fine enforcement order","content":"116X Magistrates court may make fine enforcement order\n(1) The Magistrates Court may, on application by the director-general,\nmake a fine enforcement order against a fine defaulter if the court is\nsatisfied that—\n(a) the order would not be unfair or cause undue hardship to the\ndefaulter or any other person affected by the order; and\nExample—other person affected\na dependent of the defaulter\n(b) it is otherwise in the interests of justice to make the order.\n\n(2) A fine enforcement order may contain 1 or more of the following\norders:\n(a) an earnings redirection order;\n(b) a financial institution deduction order;\n(c) a property seizure order.\n(3) For subsection (1) (a) and (b), the court must have regard to\ninformation the court has about any of the following:\n(a) the defaulter’s income;\n(b) the defaulter’s assets;\n(c) the defaulter’s equitable interest in property;\n(d) any debts payable to the defaulter;\n(e) any other means the defaulter has of satisfying the outstanding\nfine;\n(f) the defaulter’s reasonable living expenses, including the\nreasonable living expenses of anyone dependent on the\ndefaulter;\n(g) the need to give effect to the considerations of specific and\ngeneral deterrence that formed part of the decision of the\nsentencing court that imposed the fine on the defaulter;\n(h) whether the defaulter has knowingly attempted to misrepresent\nhis or her financial affairs to evade payment of the fine;\n(i) any other relevant matter.\n(4) The court may make a fine enforcement order against a fine defaulter\nin the absence of, and without notice to, the defaulter.\n\nFine enforcement orders—earnings redirection orders Division 6A.3.4\nDivision 6A.3.4 Fine enforcement orders—earnings\nredirection orders\n","sortOrder":142},{"sectionNumber":"116Y","sectionType":"section","heading":"Fine enforcement order—earnings redirection order","content":"116Y Fine enforcement order—earnings redirection order\nearnings, of a fine defaulter, means any of the following that are\nowing or accruing to the defaulter:\n(a) wages or salary, including, for example, any allowance, bonus,\ncommission, fee, overtime pay or other amount received under\na contract of employment;\n(b) an amount that, although not payable under a contract of\nemployment, is analogous to or in the nature of wages or salary,\nincluding, for example, an amount received under a contract for\nservices;\n(c) any other amount received, or the value of any benefit gained,\nas compensation for services or profit arising from a contract of\nemployment, contract for services or position;\n(d) a pension, benefit or similar payment;\n(e) an annuity;\n(f) an amount payable instead of leave;\n(g) retirement benefit.\nemployer, of a fine defaulter, means a person who, as principal, rather\nthan as employee or agent, pays, or is likely to pay, earnings to the\ndefaulter.\n\nDivision 6A.3.4 Fine enforcement orders—earnings redirection orders\n(2) The court may make an order (an earnings redirection order)\ndirecting the employer of a fine defaulter mentioned in the order to\ndeduct an amount from the defaulter’s earnings, in the form of a lump\nsum or instalments, and pay the amount in accordance with the order.\n(3) For each payday while an earnings redirection order is in force, the\nemployer—\n(a) must deduct from the defaulter’s earnings the amount stated in\nthe order and pay it to the registrar; and\n(b) may deduct from the defaulter’s earnings a reasonable\nadministration charge and keep it as a contribution towards the\nadministrative cost of making payments under the order; and\n(c) must give the defaulter a notice detailing the deductions.\n(4) Any charge deducted by an employer under subsection (3) (b) must\nnot be more than—\n(a) if the employer has an amount the employer usually charges\nemployees for making a periodic payment—that amount; or\n(b) otherwise—an amount that covers the employer’s costs and\nexpenses of complying with the order.\n(5) An employer commits an offence if, because of an earnings\nredirection order against a fine defaulter, the employer does any of\n(a) dismisses the defaulter;\n(b) changes the defaulter’s position to the defaulter’s disadvantage;\n(c) discriminates against the defaulter.\nMaximum penalty: 20 penalty units.\n\nFine enforcement orders—financial institution deduction orders Division 6A.3.5\nDivision 6A.3.5 Fine enforcement orders—financial\ninstitution deduction orders\n","sortOrder":143},{"sectionNumber":"116Z","sectionType":"section","heading":"Financial institution deduction order","content":"116Z Financial institution deduction order\n(a) a fine defaulter has an account with a financial institution; and\n(b) the account has, or is likely to have, sufficient funds deposited\nin it to satisfy all or part of the defaulter’s outstanding fine.\n(2) The court may make an order directing the financial institution to\ndeduct an amount, either as a lump sum or in the form of instalments,\nfrom the account of the fine defaulter and pay the amount in\naccordance with the order.\n(3) An order under this section must state the following:\n(a) the name of the fine defaulter to whom the order relates;\n(b) the name of the financial institution;\n(c) details of the defaulter’s account from which deductions under\nthe order must be made;\n(d) the amount or amounts to be deducted by the institution.\n(4) For each deduction made from the fine defaulter’s account under the\norder, the financial institution—\n(a) may deduct from the account a reasonable administration charge\nand keep it as a contribution towards the administrative cost of\nmaking payments under the order; and\n(b) must give the defaulter notice detailing the deductions.\n(5) Any charge deducted under subsection (4) (a) must not be more\nthan—\n(a) if the financial institution has an amount it usually charges its\ncustomers for making a periodic payment—that amount; or\n\n(b) otherwise—an amount that covers the financial institution’s\ncosts and expenses of complying with the order.\naccount includes a joint account.\nDivision 6A.3.6 Fine enforcement orders—property\nseizure orders\n116ZA Property seizure order\nThe court may make an order for the seizure of the personal property\nof a fine defaulter (a property seizure order).\n116ZB Property seizure order—authority to enter premises etc\n(1) A property seizure order authorises the director-general to—\n(a) enter any premises stated in the order, between 7 am and 6 pm\non the same day, using the force that is necessary and reasonable\nto enter the premises if—\n(i) the director-general has given a person at the premises an\nopportunity to allow entry and has been refused entry; or\n(ii) there is no one at the premises; and\n(b) ask a police officer to help the director-general enter the\npremises; and\n(c) seize any personal property found on the premises or in a public\nplace that—\n(i) apparently belongs, entirely or partly, to the fine defaulter;\nand\n(ii) does not include clothing, bedding or other necessities of\nlife; and\n\nFine enforcement orders—property seizure orders Division 6A.3.6\n(d) seize and remove any documents that may prove the defaulter’s\ntitle to any personal property; and\n(e) place and keep any seized personal property or documents in\nsafe custody for 28 days from the day the property was seized\nbefore selling the property; and\n(f) sell as much of the defaulter’s personal property as necessary to\nsatisfy the outstanding fine to which the order relates.\n(2) A police officer asked by the director-general under\nsubsection (1) (b) to help the director-general enter the premises—\n(a) must give any reasonable help the director-general requires if it\nis practicable to give the help; and\n(b) may use reasonable force against a person as part of giving the\nhelp.\n(3) However, this section does not authorise the director-general to use\nforce against a person unless it is reasonable and necessary in the\ninterests of a person’s safety.\n(4) If the director-general seizes any property from premises the\n(a) make an inventory of the property seized; and\n(b) in a prominent place on the premises, attach—\n(i) a notice explaining that property has been seized from the\npremises in accordance with an order of the court under\nsection 116ZA; and\n(ii) a copy of the inventory of property seized; and\n(iii) a notice setting out a person’s rights under section 116ZD\nto recover the property seized.\n\n(5) As far as possible, the director-general must seize personal property\nthat the director-general considers—\n(a) may be sold promptly and without unnecessary expense to\nsatisfy an outstanding fine; and\n(b) if sold will not cause undue hardship to the fine defaulter or\nother people.\n116ZC Property seizure order—sale of seized property\n(1) Property seized under a property seizure order must be sold by the\ndirector-general and the proceeds of the sale paid to the registrar.\n(2) However, seized property may not be sold unless—\n(a) the holding period for the property has ended; and\n(b) if an application under section 116ZD (1) has been made in\nrelation to the property—the director-general has decided to\nrefuse to return the property to the applicant; and\n(c) if the director-general’s decision has been appealed under\nsection 116ZD (5)—the appeal has been withdrawn or refused.\n(3) As far as possible, the director-general must sell personal property—\n(a) in the order that the director-general considers—\n(i) is likely to satisfy an outstanding fine promptly and without\nunnecessary expense; and\n(ii) minimises undue hardship to the fine defaulter or other\npeople; and\n(b) at the best price reasonably obtainable, having regard to the\ncircumstances existing when the property is sold.\n(4) The director-general may retain part of the proceeds from the sale of\npersonal property under this section to cover the director-general’s\nreasonable costs of the sale.\n\nFine enforcement orders—property seizure orders Division 6A.3.6\n(5) If property sold under this section results in proceeds that exceed the\noutstanding fine for which the property was sold, the excess amount\nmust be given to any person who had a legal or equitable interest in\nthe property in proportion to the share of the person’s interest.\nholding period means 28 days after the day the property was seized\nby the director-general.\n116ZD Property seizure order—restoration application\n(1) A person may apply to the director-general in writing for the return\nof any property seized by the director-general under a property\nseizure order.\n(2) An application under subsection (1) must—\n(a) be made within the holding period under section 116ZC for the\nproperty to which it relates; and\n(b) clearly identify the items of property the applicant seeks to have\nreturned (the disputed property); and\n(c) if the applicant is the fine defaulter to whom the seized property\nrelates—state the reasons why a refusal to return the disputed\nproperty would cause undue hardship or unfairness to the\napplicant; and\n(d) if the applicant is not the fine defaulter—state the following:\n(i) the reasons why a refusal to return the disputed property\nwould result in undue hardship or unfairness to the\napplicant;\n(ii) whether the applicant claims a legal or equitable interest in\nthe disputed property.\n\n(3) The director-general must—\n(a) consider an application made under subsection (1); and\n(b) notify the applicant of the director-general’s decision.\n(4) In considering whether a refusal to return disputed property to an\napplicant would result in undue hardship or unfairness to the\napplicant, the director-general may take into account the following:\n(a) the relationship between the applicant and any other person\nlikely to be affected by the loss of the disputed property;\n(b) if the property can be easily replaced;\n(c) the value of the property;\n(d) the applicant’s claim over the property;\n(e) if the applicant was aware of, or party to, the commission of an\noffence for which a fine was imposed and to which the seizure\nof the property relates;\n(f) any other relevant matter.\n(5) If the director-general refuses the application, the applicant may,\nwithin 28 days after the decision, apply to the Magistrates Court for\nan order for the return of the property.\nNote If a form is approved under the Court Procedures Act 2004 for this\nprovision, the form must be used (see that Act, s 8 (2)).\n(6) In considering the application, the Magistrates Court may take into\naccount the matters mentioned in subsection (4).\n116ZE Voluntary community work order\n(1) The director-general may apply to the Magistrates Court for an order\nrequiring a fine defaulter to perform voluntary community work to\ndischarge an outstanding fine (a voluntary community work order).\n\nVoluntary community work orders Division 6A.3.7\n(2) The court may make a voluntary community work order for a fine\ndefaulter if—\n(a) the fine defaulter agrees to undertake voluntary community\nwork under the order; and\n(b) if the outstanding fine for which the fine defaulter is liable is or\nincludes an amount payable under a reparation order under the\nCrimes (Sentencing) Act 2005—the entity in whose favour the\nreparation order was made consents to the reparation order being\ndischarged by a voluntary community work order; and\n(c) the court is of the opinion that—\n(i) it would not be appropriate to make a fine enforcement\norder; and\n(ii) the fine defaulter is likely to comply with a voluntary\ncommunity work order; and\n(d) the fine defaulter has not been convicted of a personal violence\n(3) The court may inform itself in any way it considers appropriate about\na matter mentioned in subsection (2).\n(4) The order must state the number of hours the fine defaulter must work\nto discharge the outstanding fine.\nNote The number of hours is to be worked out at the rate of 1 hour for each\n$37.50 of the outstanding fine (see s 116ZG).\npersonal violence offence—see section 216A (5).\n116ZF Voluntary community work order—administration\n(1) A voluntary community work order made for a fine defaulter is to be\nadministered by—\n(a) the director-general; or\n\n(b) if the director-general authorises another entity, in writing, to\nadminister the order—the other entity.\n(2) The entity administering the order must—\n(a) decide the kind of work to be performed by the defaulter, in\naccordance with the defaulter’s ability; and\n(b) decide the hours the defaulter must work (not more than 8 hours\na day) having regard to the defaulter’s family, work and other\ncommitments; and\n(c) change the arrangements in accordance with any reasonable\nrequest of the defaulter.\n116ZG Voluntary community work order—rate of discharge of\noutstanding fine\nA fine defaulter performing work under a voluntary community work\norder discharges the defaulter’s outstanding fine at the rate of $37.50\nfor each hour of work performed under the order.\n116ZH Voluntary community work order—noncompliance\n(a) the entity administering a voluntary community work order\nbelieves on reasonable grounds that the fine defaulter has failed\nto comply with the order; and\n(b) the defaulter has not asked the entity for an appropriate change\nin arrangements that would enable the defaulter to comply with\nthe order.\n(2) The entity must report the failure to the court.\n(3) If the court is satisfied that the fine defaulter failed to comply with\nthe order, the court may do 1 or more of the following:\n\nImprisonment Division 6A.3.8\n(b) give the defaulter a warning about the need to comply with the\norder;\n(c) amend the order;\n(d) cancel the order.\n(4) If the court amends or cancels the order, the court must give the fine\ndefaulter written notice of the amendment or cancellation.\n116ZI Voluntary community work order—certificate of\ncompletion\nIf the entity administering a voluntary community work order is\nsatisfied that the fine defaulter has completed the hours of work\nrequired to discharge the outstanding fine, the entity must give the\ncourt a certificate of completion in relation to the order.\n116ZJ Voluntary community work order—ends if outstanding\nfine paid\nIf a fine defaulter is subject to a voluntary community work order and\nan amount is paid to the Territory that completely discharges the\noutstanding fine, the order ceases to have effect.\n116ZK Imprisonment order\n(1) The Magistrates Court may, on application by the director-general,\norder the imprisonment of a fine defaulter if—\n(a) the court is satisfied that all appropriate enforcement action has\nbeen taken under this chapter to secure payment and there is no\nreal likelihood of the outstanding fine being paid; and\n(b) the outstanding fine has not been remitted under section 116ZO\n(Remission of fine by director-general) or section 313\n(Remission of penalties); and\n\n(c) if the outstanding fine for which the fine defaulter is liable is or\nincludes an amount payable under a reparation order under the\nCrimes (Sentencing) Act 2005—the entity in whose favour the\nreparation order was made consents to the reparation order being\ndischarged by imprisonment.\nNote If the court makes an imprisonment order, it must issue a warrant for the\nimprisonment of the person in the director-general’s custody (see s 12).\n(2) The order, or any warrant under section 12, must not be given effect\nif the amount of the outstanding fine is paid to the Territory before\nthe fine defaulter is imprisoned.\n(3) The period for which the fine defaulter must be committed (the\nimprisonment period) is the lesser of—\n(a) the period worked out at the rate of 1 day for each $300, or part\nof $300, of the outstanding fine; and\n(b) 6 months.\n(4) However, for a young fine defaulter, the imprisonment period is the\nlesser of—\n(a) the period worked out at the rate of 1 day for each $500, or part\nof $500, of the outstanding fine; and\n(b) 7 days.\n116ZM Imprisonment—rate of discharge of outstanding fine\n(1) A fine defaulter imprisoned for a period under section 116ZK (3),\ndischarges the outstanding fine—\n(a) if the defaulter is committed for less than 6 months—at the rate\nof $300 for each day or part of a day for which the defaulter is\nimprisoned; or\n(b) if the defaulter is committed for 6 months—at the end of the\n6-month period.\n\nImprisonment Division 6A.3.8\n(2) A fine defaulter imprisoned for a period under section 116ZK (4),\ndischarges the outstanding fine—\n(a) if the defaulter is committed for less than 7 days—at the rate of\n$500 for each day or part of a day for which the defaulter is\nimprisoned; or\n(b) if the defaulter is committed for 7 days—at the end of the 7-day\nperiod.\n116ZN Imprisonment—release if outstanding fine paid\n(a) a person is imprisoned under section 116ZK; and\n(b) an amount is paid to the Territory that completely discharges the\noutstanding fine.\n(2) The director-general must release the person from imprisonment\nimmediately unless the person must otherwise be lawfully detained.\n\n116ZO Remission of fine by director-general\n(1) The director-general may, in writing, remit all or part of an\noutstanding fine that a fine defaulter is liable to pay if the\ndirector-general is satisfied on reasonable grounds that—\n(a) a fine enforcement order would not be effective to secure\npayment or is not otherwise appropriate; and\n(b) a voluntary community work order is not possible or\nappropriate; and\n(c) it is appropriate in all the circumstances to remit the fine.\n(2) In deciding whether to remit a fine, the director-general—\n(a) must consider the following:\n(i) any information the director-general has about the fine\ndefaulter’s financial and personal circumstances;\n(ii) the offence for which the fine was imposed;\n(iii) the amount of the fine;\n(iv) whether the defaulter has any other outstanding fines;\n(v) anything the defaulter has done to frustrate, render\nimpracticable or evade the making or effect of a fine\nenforcement order or voluntary community work order;\nand\n(b) may consider anything else the director-general considers on\nreasonable grounds is relevant.\nNote A fine may also be remitted by the Executive under s 313. Also, this Act\ndoes not affect the prerogative of mercy (see s 314A).\n\nMiscellaneous Part 6A.4\n116ZP Time served in custody to count\n(1) If a fine defaulter is imprisoned other than under an order under\nsection 116ZK, the time served is to count toward reducing the\namount of any outstanding fines (the outstanding liability) for which\nthe defaulter is liable.\n(2) If the defaulter has more than 1 outstanding fine, the defaulter’s\noutstanding liability is the aggregate amount of the defaulter’s\noutstanding fines.\n(3) The defaulter’s outstanding liability is reduced at the rate of $300 for\neach day or part of a day for which the defaulter is imprisoned.\n(4) However, a young fine defaulter’s outstanding liability is reduced at\nthe rate of $500 for each day or part of a day for which the defaulter\nis imprisoned.\noutstanding fine does not include an amount payable under a\nreparation order under the Crimes (Sentencing) Act 2005 to––\n(a) the Territory; or\n(b) a person in relation to whom a reparation order agreement\nmentioned in section 116ZQ is in force.\n116ZQ Reparation order agreements\n(1) An entity (other than the Territory) in whose favour a reparation order\nwas made may make an agreement with the director-general for the\nreparation order to be enforceable under this chapter as a fine.\n(2) A reparation order agreement must be in writing.\n(3) If a reparation order agreement with an entity is in force, any amount\nreceived by the director-general that is to be applied in payment of a\nreparation order covered by the agreement must—\n(a) be paid to the entity; or\n\n(b) otherwise dealt with in accordance with the agreement or any\nlater written direction of the entity.\n116ZR Apportionment of fine amounts\nAmounts received in payment of an unpaid amount of a fine must be\napplied towards satisfying the unpaid amount in the following order:\n(a) an amount payable under a reparation order under the Crimes\n(Sentencing) Act 2005 to a person in relation to whom a\nreparation order agreement mentioned in section 116ZQ is in\nforce;\n(b) an amount payable under a reparation order under the Crimes\n(Sentencing) Act 2005 to the Territory;\n(c) a victims financial assistance levy imposed under the Victims of\nCrime (Financial Assistance) Act 2016;\n(d) a victims services levy imposed under the Victims of Crime\nAct 1994;\n(e) a fine payable under a fine order under the Crimes (Sentencing)\nAct 2005;\n(f) a financial penalty imposed, other than under the Crimes\n(Sentencing) Act 2005, in relation to an offence;\n(g) a fee or charge payable to the Territory that is imposed by a court\nin a proceeding for an offence;\n(h) costs payable to the Territory under a court order in a proceeding\nfor an offence.\n116ZS Conviction or order quashed or set aside\nIf the conviction or order that gave rise to a person’s liability to pay a\nfine is quashed or set aside, the registrar must, in addition to notifying\nthe road transport authority under part 6A.3 refund to the person any\namount (including any administrative fee) paid in relation to the fine.\n\nMiscellaneous Part 6A.4\n116ZT Sharing information\nA person exercising a function under this chapter may give to another\nperson exercising a function under this chapter information the other\nperson needs for the exercise of the other person’s functions under\nthis chapter.\nregistrar giving director-general contact details of a fine defaulter\n116ZU Orders may be made on conditions\nSubject to this chapter, the court may make an order under this\nchapter on any conditions it considers appropriate.\n\n","sortOrder":144},{"sectionNumber":"117","sectionType":"section","heading":"Definitions—ch 7","content":"117 Definitions—ch 7\nadditional condition, of an offender’s parole order, means—\n(a) a condition of the order imposed under—\n(i) part 7.2 (Making of parole orders); or\n(ii) part 7.4 (Supervising parole); or\n(b) if the condition is amended under part 7.4 (Supervising\nparole)—the condition as amended.\napplication, for parole, means an ordinary parole application or a\nspecial parole application.\ncore condition, of an offender’s parole order, means a core condition\nunder section 137.\nnon-ACT offence means—\n(a) an offence against a law of the Commonwealth, a State or\nanother Territory that is punishable by imprisonment; or\n(b) an offence outside Australia against a law of a place outside\nAustralia that, if it had been committed in Australia, would be\npunishable by imprisonment.\nordinary parole application—see section 121 (3).\nparole eligibility date, for an offender—see section 118.\nparole obligations, of an offender, means the offender’s obligations\nunder section 136.\n\nParole—general Part 7.1\nparole order, other than in part 7.6 (Interstate transfer of parole\norders), means a parole order under—\n(a) section 126 (Parole applications—decision after inquiry without\nhearing); or\n(b) section 129 (Parole applications—decision after hearing).\nparole release date, for an offender—see section 132 (3) (a).\nspecial parole application—see section 121 (3).\n","sortOrder":145},{"sectionNumber":"118","sectionType":"section","heading":"Meaning of parole eligibility date","content":"118 Meaning of parole eligibility date\n(1) For this Act, an offender’s parole eligibility date is—\n(a) the date the offender’s nonparole period ends; or\n(b) if the offender is subject to more than 1 sentence for which a\nnonparole period has been set—the day the last of the nonparole\nperiods ends.\nNote Nonparole period is defined in the dict.\n(2) However, if the offender is also serving a sentence of imprisonment\nfor which a nonparole period has not been set (the excluded sentence)\nand the nonparole period for the other sentence has ended, the\noffender’s parole eligibility date is the day the excluded sentence\nends.\n","sortOrder":146},{"sectionNumber":"118A","sectionType":"section","heading":"Parole—meaning of registered victim and victim","content":"118A Parole—meaning of registered victim and victim\nregistered victim, of an offender, means a person who is a registered\nvictim of an offence by the offender only if this chapter applies to the\nsentence of imprisonment for the offence.\nvictim, of an offender, means a person who is a victim of an offence\nby the offender only if this chapter applies to the sentence of\nimprisonment for the offence.\n\n","sortOrder":147},{"sectionNumber":"119","sectionType":"section","heading":"Application—pt 7.2","content":"119 Application—pt 7.2\nThis part applies to an offender under a sentence of imprisonment for\nwhich a nonparole period has been set.\n","sortOrder":148},{"sectionNumber":"120","sectionType":"section","heading":"Criteria for making parole orders","content":"120 Criteria for making parole orders\n(1) The board may make a parole order for an offender only if it considers\nthat parole is appropriate for the offender, having regard to the\nprinciple that the public interest is of primary importance.\nNote Subsection (1) does not apply in relation to special parole applications\n(see s 126 and s 129).\n(2) In deciding whether to make a parole order for an offender, the board\nmust consider the following matters:\n(a) any relevant recommendation, observation and comment made\nby the sentencing court;\n(b) the offender’s antecedents;\n(c) any submission made, and concern expressed, to the board by a\nvictim of the offender;\n(d) the likely effect of the offender being paroled on any victim of\nthe offender, and on the victim’s family, and, in particular, any\nconcern, of which the board is aware, expressed by or for the\nvictim, or the victim’s family, about the need for protection from\n(e) any report required by regulation in relation to the granting of\nparole to the offender;\n\n(f) any other report prepared by or for the Territory in relation to\nthe granting of parole to the offender;\n(g) the offender’s conduct while serving the offender’s sentence of\n(h) the offender’s participation in activities while serving the\nsentence of imprisonment;\n(i) the likelihood that, if released on parole, the offender will\ncommit further offences;\n(j) the likelihood that, if released on parole, the offender will\ncomply with any condition to which the parole order would be\nsubject;\n(k) whether parole is likely to assist the offender to adjust to lawful\ncommunity life;\n(l) any special circumstances in relation to the application;\n(m) anything else prescribed by regulation.\n(3) Subsection (2) does not limit the matters the board may consider.\n","sortOrder":149},{"sectionNumber":"121","sectionType":"section","heading":"Applications for parole","content":"121 Applications for parole\n(1) An offender may apply to the board for parole no earlier than\n6 months before the offender’s parole eligibility date.\n(2) However, if the offender believes there are exceptional\ncircumstances, the offender may apply to the board for parole any\ntime before the offender’s parole eligibility date.\n(3) An application under subsection (1) is an ordinary parole application\nand an application under subsection (2) is a special parole\napplication.\n\n(4) A special parole application must include a written submission from\nthe offender about the exceptional circumstances in support of the\napplication.\n(5) An application for parole must be in writing.\n(6) An application for parole may be made even though—\n(a) another parole application by the offender has previously been\nrefused; or\n(b) another parole order for the offender has previously been\ncancelled.\n(7) Despite subsections (2) and (6), a regulation may limit the making of\nspecial parole applications.\nNote The power to make regulations includes power to make different\nprovisions in relation to different matters or different classes of matters,\nand provisions that apply differently by reference to stated exceptions or\nfactors (see Legislation Act, s 48).\n","sortOrder":150},{"sectionNumber":"122","sectionType":"section","heading":"Board may reject parole application without inquiry","content":"122 Board may reject parole application without inquiry\n(1) The board must, without holding an inquiry, reject a special parole\napplication that does not include the written submission mentioned in\nsection 121 (4).\n(2) The board may, without holding an inquiry, reject an application for\nparole by an offender if—\n(a) satisfied the application is frivolous, vexatious or misconceived;\nor\n\n(b) the board refused to make a parole order for the offender within\nthe 12-month period before the application was made.\nExample of when board might be satisfied application is frivolous, vexatious\nor misconceived\nThe board previously rejected an application because the offender’s proposed\naccommodation after release was unsuitable. The offender’s later application\nproposes the same unsuitable accommodation without including new information\nor new reasons.\nExamples of when board might not reject application within 12-month period\n1 an exceptional circumstances application was refused less than 12 months\nbefore the offender’s parole eligibility date\n2 the offender’s later application includes new information or new reasons for\nthe application\n(3) The board must give written notice of the rejection of an application\nunder this section to—\n(b) the director-general.\n(4) The notice must include a statement of the board’s reasons for the\nrejection.\n(5) To remove any doubt, section 120 (Criteria for making parole orders)\nand section 123 do not apply to the rejection of an application for\nparole under this section.\n","sortOrder":151},{"sectionNumber":"123","sectionType":"section","heading":"Board to seek victim’s views for parole inquiry","content":"123 Board to seek victim’s views for parole inquiry\n(1) Before starting an inquiry into an application for parole by an\noffender, the board must take reasonable steps to give notice of the\ninquiry to each registered victim of the offender.\nNote Section 124 deals with what must be included in the notice.\n\n(2) The board may give notice of the inquiry to any other victim of the\noffender if satisfied the circumstances justify giving the victim notice\nof the inquiry.\n(3) For this section, the director-general may make an arrangement with\nthe board for a public servant—\n(a) to assist the board; or\n(b) to assist any victim of the offender, or any member of the\nvictim’s family, to make a submission, or tell the board about\nany concern, in accordance with the notice.\nExample for s (3)\nan arrangement for a victim liaison officer to assist the board or victims\n(a) the director-general may give notice of the inquiry to a relevant\nperson; and\n(5) In subsection (4):\nrelevant person means a person who has parental responsibility for\nthe victim under the Children and Young People Act 2008,\ndivision 1.3.2.\n(6) Subsection (4) does not limit the cases in which the board may give\n\n","sortOrder":152},{"sectionNumber":"124","sectionType":"section","heading":"Notice to victims for parole inquiry","content":"124 Notice to victims for parole inquiry\n(1) A notice under section 123 must include the following:\n(a) an invitation to the victim to—\n(i) make a submission, orally or in writing, to the board about\na parole order being made for the offender, including the\nlikely effect on the victim, or on the victim’s family, if the\norder were to be made; or\n(ii) tell the board, orally or in writing, about any concern of the\nvictim or the victim’s family about the need to be protected\nfrom violence or harassment by the offender;\n(b) a statement to the effect that any submission made, or concern\nexpressed, to the board within the period stated in the notice will\nbe considered in deciding—\n(i) whether a parole order should be made for the offender;\nand\n(ii) if a parole order is made—the conditions (if any) that will\nbe imposed on the parole order by the board;\n(c) a statement to the effect that a victim may ask the board not to\ngive the submission or concern to the offender or another\nperson;\nNote For how the board is to handle information, see s 192.\n(d) information about the offender to assist the victim, or a member\nof the victim’s family, to make a submission, or tell the board\nabout any concern, under paragraph (a);\n\n(e) information about any assistance available to the victim or\nfamily member to make the submission, or tell the board about\nany concern, under paragraph (a).\nExamples of information for par (d)\n1 the offender’s conduct while serving the sentence\n2 the core conditions of a parole order\n(2) For subsection (1) (b), the period stated must be a reasonable time\n(not less than 7 days after the day the victim is given the notice) to\nallow the victim or family member to make a submission, or express\nconcern, to the board.\n(3) The notice may include anything else the board considers appropriate.\n","sortOrder":153},{"sectionNumber":"125","sectionType":"section","heading":"Parole applications—inquiry without hearing","content":"125 Parole applications—inquiry without hearing\n(1) The board must conduct an inquiry, without holding a hearing, into a\nparole application by an offender (unless the application is rejected\nunder section 122).\n(2) If the application is an ordinary parole application, and the application\ndoes not include a written submission from the offender about the\noffender’s parole, the board must—\n(a) by written notice, ask the offender to make a written submission\nto the board for the inquiry within 14 days after the day the\noffender receives the notice; and\n(b) after the 14-day period, hold the inquiry whether or not the\noffender makes the submission requested.\nNote A special parole application must be rejected if it does not include a\nwritten submission about the exceptional circumstances (see s 122 (1)).\n(3) The board must give written notice of the inquiry to—\n(a) the director-general; and\n(b) the director of public prosecutions.\n\n(4) The notice must include invitations for the offender and the\ndirector-general to make submissions to the board by a stated date for\nthe inquiry.\n(5) The inquiry must consider whether, on the documents currently\nbefore the board, the offender should be released on parole.\n","sortOrder":154},{"sectionNumber":"126","sectionType":"section","heading":"Parole applications—decision after inquiry without","content":"126 Parole applications—decision after inquiry without\nhearing\n(1) This section applies if the board has conducted an inquiry for\nsection 125 into an application for parole by an offender.\n(2) The board must—\n(a) if the board considers that the documents currently before it\njustify paroling the offender—make a written order (a parole\norder) granting the offender parole on the date stated in the\norder; or\n(b) if the board considers that the documents currently before it do\nnot justify paroling the offender—\n(i) set a time for a hearing by the board about the offender’s\nparole; and\n(ii) give notice under section 127 of the hearing.\n(3) If the application is an ordinary parole application, the date stated in\na parole order for the offender must be—\n(a) the offender’s parole eligibility date; or\n(b) if the order is made on or after the offender’s parole eligibility\ndate—a date within a reasonable time after the order is made.\n(4) If the application is a special parole application—\n(a) section 120 (1) (Criteria for making parole orders) does not\napply to the board’s consideration of the application; and\n\n(b) the board may make a parole order for the offender only if\nsatisfied there are exceptional circumstances for paroling the\noffender before the offender’s parole eligibility date.\n","sortOrder":155},{"sectionNumber":"127","sectionType":"section","heading":"Parole applications—notice of hearing","content":"127 Parole applications—notice of hearing\n(1) The board must give written notice of a hearing required by\nsection 126 (2) (b) to each of the following:\n(2) The notice must include the following:\n(a) a statement to the effect that the board considers that the\ndocuments before it do not justify paroling the offender;\n(b) details of when and where the hearing is to be held;\n(c) an invitation to the offender to tell the board, within 7 days after\nthe day the offender receives the notice and in writing, if the\noffender wishes to do either or both of the following:\n(i) appear at the hearing;\n(ii) make a submission to the board about being paroled;\n(d) a statement about the effect of section 128.\n(3) The notice—\n(a) may include anything else the board considers appropriate; and\n(b) subject to section 192 (Confidentiality of board information),\nmust be accompanied by a copy of any report or other document\nintended to be used by the board in deciding whether the\noffender should be paroled.\n\n","sortOrder":156},{"sectionNumber":"128","sectionType":"section","heading":"Parole applications—failure of offender to participate in","content":"128 Parole applications—failure of offender to participate in\nhearing\nThe board is taken to have made a decision refusing to parole the\noffender if—\n(a) the offender does not respond to the invitation mentioned in\nsection 127 (2) (c); or\n(b) the offender tells the board, in accordance with the invitation\nmentioned in section 127 (2) (c), that the offender will make a\nsubmission but the submission is not given to the board within\n21 days after the day the board is told the submission will be\nmade; or\n(c) the offender does not give the board a submission about being\nreleased on parole or attend the hearing.\n","sortOrder":157},{"sectionNumber":"129","sectionType":"section","heading":"Parole applications—decision after hearing","content":"129 Parole applications—decision after hearing\n(1) This section applies if the board conducts a hearing into an\napplication for parole by an offender.\n(2) The board must—\n(a) make a written order (a parole order) granting the offender\nparole on the date stated in the order; or\n(b) refuse to make a parole order for the offender.\n(3) If the application is an ordinary parole application, the date stated in\na parole order for the offender must be—\n(a) the offender’s parole eligibility date; or\n(b) if the order is made on or after the offender’s parole eligibility\ndate—a date within a reasonable time after the order is made.\n\n(4) If the application is a special parole application—\n(a) section 120 (1) (Criteria for making parole orders) does not\napply to the board’s consideration of the application; and\n(b) the board may make a parole order for the offender only if\nsatisfied there are exceptional circumstances for paroling the\noffender before the offender’s parole eligibility date.\n(5) The board must make its decision under this section within 60 days\nafter the day the board begins its hearing of the application.\n","sortOrder":158},{"sectionNumber":"130","sectionType":"section","heading":"Parole orders may include conditions","content":"130 Parole orders may include conditions\n(1) This section applies if the board makes a parole order for an offender.\n(2) The board may impose any condition (an additional condition) it\nconsiders appropriate on the offender’s parole order.\n(3) For subsection (2), the board must have regard to any condition\nrecommended under the Crimes (Sentencing) Act 2005, section 67 by\nthe sentencing court for the offender’s sentence to which the parole\nrelates.\n","sortOrder":159},{"sectionNumber":"131","sectionType":"section","heading":"When parole orders take effect","content":"131 When parole orders take effect\nA parole order for an offender takes effect when the offender is\nreleased from imprisonment under the order.\n","sortOrder":160},{"sectionNumber":"132","sectionType":"section","heading":"Explanation of parole order","content":"132 Explanation of parole order\n(1) This section applies if the board makes a parole order for an offender.\n(2) The board must ensure that reasonable steps are taken to explain to\nthe offender in general terms (and in language the offender can\nreadily understand)—\n(a) the offender’s parole obligations; and\n(b) the consequences if the offender breaches any of the obligations.\n\n(3) The board must also tell the offender—\n(a) the date (the parole release date) stated in the order for the\noffender’s release from imprisonment; and\n(b) when the parole order ends.\n(4) The board must ensure that a written record of the explanation is\ngiven to the offender.\n","sortOrder":161},{"sectionNumber":"133","sectionType":"section","heading":"Notice of decisions on parole applications","content":"133 Notice of decisions on parole applications\n(1) This section applies if the board makes a decision to make, or refuse\nto make, a parole order for an offender.\n(2) The board must give written notice of its decision to each of the\n(3) The board—\n(a) must also, as soon as practicable, take reasonable steps to give\neach relevant victim written information, about—\n(i) the board’s decision; and\n(ii) if the board decided to make a parole order for the\noffender—the offender’s parole release date and, in\ngeneral terms, the offender’s parole obligations; and\n(b) may tell a relevant victim the general area where the offender\nwill live on parole.\n\n(a) the director-general may give notice of the inquiry to a relevant\nperson; and\n(5) Subsection (4) does not limit the cases in which the board may give\nrelevant person means a person who has parental responsibility for\nrelevant victim means each of the following:\n(a) a victim of the offender who made a submission to the board, or\ntold the board about any concern, under section 123 (Board to\nseek victim’s views for parole inquiry);\n(b) any other victim of the offender that the board is aware has\nexpressed concern, or has had concern expressed on their behalf,\nabout the need for the victim, or the victim’s family, to be\nprotected from violence or harassment by the offender;\n(c) a registered victim of the offender.\n\n","sortOrder":162},{"sectionNumber":"134","sectionType":"section","heading":"Application—pt 7.3","content":"134 Application—pt 7.3\nThis part applies to an offender under a sentence of imprisonment if\nthe board makes a parole order for the offender.\n","sortOrder":163},{"sectionNumber":"135","sectionType":"section","heading":"Release authorised by parole order","content":"135 Release authorised by parole order\n(1) A parole order for an offender authorises anyone having custody of\nthe offender for the offender’s sentence of imprisonment to release\nthe offender in accordance with the order.\n(2) However, the parole order does not authorise the release of the\noffender if the offender is required to be kept in custody in relation to\nanother offence against a territory law, or an offence against a law of\nthe Commonwealth, a State or another Territory.\n(3) The offender must be released from imprisonment under the\noffender’s sentence of imprisonment on the offender’s parole release\ndate.\n(4) The offender may be released from the imprisonment at any time on\nthe parole release date.\n(5) However, if the parole release date is not a working day at the place\nof imprisonment, the offender may be released from the\nimprisonment at any time during the last working day at that place\nbefore the release date if the offender asks to be released on that day.\n","sortOrder":164},{"sectionNumber":"136","sectionType":"section","heading":"Parole obligations","content":"136 Parole obligations\nAn offender must, while on parole—\n(a) comply with the offender’s parole order, including—\n(i) the core conditions of the order; and\n(ii) any additional condition of the order; and\n\n(b) comply with any other requirement under this Act or the\n","sortOrder":165},{"sectionNumber":"137","sectionType":"section","heading":"Parole order—core conditions","content":"137 Parole order—core conditions\n(1) The core conditions of an offender’s parole order are as follows:\n(c) any change in the offender’s contact details is approved by the\ndirector-general under subsection (2);\nCorrections Management Act 2007 in relation to the offender’s\nparole;\n(e) the offender must appear before the board as required, or agreed\nby the offender, under section 205 (Appearance by offender at\nboard hearing);\n(f) any condition prescribed by regulation that applies to the\n\npossible after, but no later than 1 day after, the day of the\n(a) home address and phone number; and\n(b) work address and phone number; and\n","sortOrder":166},{"sectionNumber":"138","sectionType":"section","heading":"Parole—director-general directions","content":"138 Parole—director-general directions\nwriting, to an offender.\n\n","sortOrder":167},{"sectionNumber":"138A","sectionType":"section","heading":"Parole—alcohol and drug tests","content":"138A Parole—alcohol and drug tests\ngive a test sample.\nalcohol and drug tests apply, with any necessary changes, in relation\nto a direction under this section and any sample given under the\n","sortOrder":168},{"sectionNumber":"139","sectionType":"section","heading":"Parole—effect of custody during order","content":"139 Parole—effect of custody during order\n(1) An offender is taken, during a period, to be serving the sentence of\nimprisonment for which parole was granted if—\n(a) the offender is taken into lawful custody during the period while\non parole; and\n(b) the custody is only in relation to the offender’s parole\nobligations; and\n(c) the custody is not counted within parole time credit applying\nunder part 7.5A against the sentence.\nExample—custody in relation to parole obligations\na period during which the offender is remanded in custody under s 144 (Arrest\nwithout warrant—breach of parole obligations)\n(2) To remove any doubt, the offender is not taken to be serving the\nsentence of imprisonment for which the parole was granted if the\nreason for the custody is, or includes, anything other than the\nExample of other reason for custody\nnonpayment of a fine or other amount (including restitution) under a court order\n\n","sortOrder":169},{"sectionNumber":"140","sectionType":"section","heading":"Parole—when time is served against sentence","content":"140 Parole—when time is served against sentence\n(1) An offender is taken, while on parole, to be under the sentence of\nimprisonment for which the parole was granted and not to have served\nany period of the imprisonment that remained to be served on the\noffender’s parole release date, unless—\n(a) the parole ends without the parole order being cancelled under\npart 7.4 (Supervising parole); or\n(b) the offender is otherwise discharged from the imprisonment.\n(2) Subsection (1) is subject to section 139 and part 7.5A (Parole time\ncredit).\n(3) If an offender’s parole order in relation to a sentence of imprisonment\nends without the order being cancelled, the offender is taken to have\nserved the period of imprisonment that remained to be served on the\nparole release date and to have been discharged from the\nNote For the consequences of the cancellation of parole, see s 160.\n","sortOrder":170},{"sectionNumber":"141","sectionType":"section","heading":"Parole—end of order","content":"141 Parole—end of order\nAn offender’s parole order ends—\n(a) at the end of the period of imprisonment under the sentence for\nwhich the parole was granted that remained to be served on the\n(b) if the order is cancelled earlier under this chapter—when the\ncancellation takes effect.\n\n","sortOrder":171},{"sectionNumber":"142","sectionType":"section","heading":"Application—pt 7.4","content":"142 Application—pt 7.4\nThis part applies to an offender who is, or has been, on parole.\n","sortOrder":172},{"sectionNumber":"143","sectionType":"section","heading":"Corrections officers to report breach of parole","content":"143 Corrections officers to report breach of parole\n(1) This section applies if a corrections officer believes, on reasonable\ngrounds, that an offender has breached any of the offender’s parole\n(2) The corrections officer must report the belief to the board in writing.\n(3) The report must be accompanied by a copy of a written record in\nsupport of the corrections officer’s belief.\n","sortOrder":173},{"sectionNumber":"144","sectionType":"section","heading":"Arrest without warrant—breach of parole obligations","content":"144 Arrest without warrant—breach of parole obligations\ngrounds, that an offender has breached any of the offender’s parole\n(3) If a police officer arrests the offender, the police officer must, as soon\nas practicable, bring the offender before—\n\nBreach of parole obligations Division 7.4.2\n","sortOrder":174},{"sectionNumber":"145","sectionType":"section","heading":"Arrest warrant—breach of parole obligations","content":"145 Arrest warrant—breach of parole obligations\nsatisfied by information on oath that there are reasonable grounds for\n(c) state—\n(i) in brief, the matter on which the information is based; and\n(ii) an end date for the offender’s parole time credit under\npart 7.5A; and\n(d) order the offender’s arrest and bringing the offender before the\n","sortOrder":175},{"sectionNumber":"146","sectionType":"section","heading":"Board inquiry—breach of parole obligations","content":"146 Board inquiry—breach of parole obligations\n(1) The board may, at any time, conduct an inquiry to decide whether an\noffender has breached any of the offender’s parole obligations.\n(2) To remove any doubt, the board may conduct the inquiry—\n(a) before the offender’s release on parole; and\n(b) in conjunction with any other inquiry under this Act in relation\nto the offender.\n\n(3) The board may conduct the inquiry—\n(b) on application by the director-general.\n(4) If an offender is arrested under section 144 (Arrest without warrant—\nbreach of parole obligations) or section 145 (Arrest warrant—breach\nof parole obligations), the board must conduct the inquiry as soon as\n","sortOrder":176},{"sectionNumber":"147","sectionType":"section","heading":"Notice of inquiry—breach of parole obligations","content":"147 Notice of inquiry—breach of parole obligations\n(1) Before starting an inquiry under section 146 in relation to an offender,\nsubmissions to the board by a stated date for the inquiry.\n","sortOrder":177},{"sectionNumber":"148","sectionType":"section","heading":"Board powers—breach of parole obligations","content":"148 Board powers—breach of parole obligations\n(1) This section applies if, after conducting an inquiry under section 146\n(Board inquiry—breach of parole obligations) in relation to an\noffender, the board decides the offender has breached any of the\n\nBreach of parole obligations Division 7.4.2\n(2) The board may do 1 or more of the following:\noffender’s parole obligations;\n(d) change the offender’s parole obligations by imposing or\namending an additional condition of the parole order;\n(e) cancel the offender’s parole order.\nExamples of additional conditions for par (d)\n1 a condition prohibiting association with a particular person or being near a\n2 a condition that the offender participate in an activity\n(3) An additional condition of a parole order must not be inconsistent\nwith a core condition of the order.\n(4) To remove any doubt, if an inquiry under section 146 in relation to an\noffender is conducted in conjunction with any other inquiry under this\nAct in relation to the offender, the board may exercise its powers\nunder this division with any other powers of the board in relation to\nthe other inquiry.\n","sortOrder":178},{"sectionNumber":"149","sectionType":"section","heading":"Automatic cancellation of parole order for ACT offence","content":"149 Automatic cancellation of parole order for ACT offence\n(1) This section applies if, while an offender’s parole order is in force,\nthe offender—\n(a) commits an offence against a territory law that is punishable by\n(b) is convicted or found guilty by a court of the offence.\n\n(2) The parole order is automatically cancelled when the offender is\nconvicted or found guilty of the offence.\nNote The court must make an order under s 161 (Cancellation of parole—\nrecommittal to full-time detention).\n","sortOrder":179},{"sectionNumber":"150","sectionType":"section","heading":"Cancellation of parole order for non-ACT offence","content":"150 Cancellation of parole order for non-ACT offence\n(1) This section applies if, while an offender’s parole order is in force,\nthe offender commits, and is convicted or found guilty of, a non-ACT\n(2) Without limiting section 148 (Board powers—breach of parole\nobligations), the board must cancel the offender’s parole order as\nsoon as practicable under that section.\n","sortOrder":180},{"sectionNumber":"151","sectionType":"section","heading":"Cancellation after parole order has ended","content":"151 Cancellation after parole order has ended\n(1) This section applies to an offender if—\n(a) the offender’s parole order has ended (other than by\ncancellation) and, after the order ends, the board decides that the\noffender has been convicted or found guilty of an offence\nagainst a territory law committed while the offender was on\nparole; or\n(b) the offender’s parole order has ended (including by cancellation)\nand, after the order ends, the board decides that the offender has\nbeen convicted or found guilty of a non-ACT offence committed\nwhile the offender was on parole.\n(2) The board—\n(a) must decide the date, or the earliest date, when the offence was\ncommitted; and\n(b) is taken to have cancelled the offender’s parole on order under\nsection 148 (Board powers—breach of parole obligations) on\nthat date.\n\nParole management Division 7.4.3\n","sortOrder":181},{"sectionNumber":"152","sectionType":"section","heading":"Exercise of board functions after parole ended","content":"152 Exercise of board functions after parole ended\nThe board may exercise a function under this division in relation to\nthe offender’s parole, including a function for breach of the offender’s\nparole order, even though the order for parole has ended.\n","sortOrder":182},{"sectionNumber":"153","sectionType":"section","heading":"Board inquiry—management of parole","content":"153 Board inquiry—management of parole\n(1) The board may, at any time, conduct an inquiry to review an\noffender’s parole.\n(2) Without limiting subsection (1), the board may conduct the inquiry to\nconsider whether parole is, or would be, appropriate for the offender\nhaving regard to—\n(a) any information about the offender that the board became aware\nof after it made the offender’s parole order; or\n(b) any change in circumstances applying to the offender; or\n(c) the history of managing the offender under parole, including any\nhistory relating to physical or mental health or discipline.\n(3) To remove any doubt, the board may conduct the inquiry—\n(a) before the offender’s release on parole; and\n(b) in conjunction with any other inquiry under this Act in relation\nto the offender.\n(4) The board may conduct the inquiry—\n(b) on application by the offender or the director-general.\n\n","sortOrder":183},{"sectionNumber":"154","sectionType":"section","heading":"Notice of inquiry—management of parole","content":"154 Notice of inquiry—management of parole\n(1) Before starting an inquiry under section 153 in relation to an offender,\nsubmissions to the board for the inquiry by a stated date.\n","sortOrder":184},{"sectionNumber":"155","sectionType":"section","heading":"Parole order—commencement suspended before parole","content":"155 Parole order—commencement suspended before parole\nrelease date\n(a) the board has made a parole order for an offender but the\noffender has not been released under the order; and\n(b) the board has given the offender notice of an inquiry under\nsection 154.\n(2) Before starting the inquiry, the board may suspend the\ncommencement of the parole order.\n(3) If the board suspends the commencement of the parole order, the\nboard must hold the inquiry as soon as practicable.\n(4) Unless sooner revoked, the suspension ends when the board’s\ndecision in the inquiry takes effect.\n(5) Until the suspension ends, the offender must remain imprisoned\nunder full-time detention.\n\nParole management Division 7.4.3\n(6) The board must give written notice of the suspension to each of the\n","sortOrder":185},{"sectionNumber":"156","sectionType":"section","heading":"Board powers—management of parole","content":"156 Board powers—management of parole\n(1) After conducting an inquiry under section 153 (Board inquiry—\nmanagement of parole) in relation to an offender, the board may do\n1 or more of the following:\n(b) counsel or warn the offender about the need to comply with the\noffender’s parole obligations;\n(c) give the director-general direction, about the offender’s\n(d) change the offender’s parole obligations by imposing or\namending an additional condition of the offender’s parole order;\n(e) if subsection (3) applies—cancel the offender’s parole order.\nExample of additional condition for par (d)\na condition prohibiting association with a particular person or being near a\n(2) An additional condition of a parole order must not be inconsistent\nwith a core condition of the order.\n(3) This subsection applies if the board decides either of the following:\n(a) that the parole order should be cancelled on the offender’s\napplication;\n(b) that parole is, or would be, no longer suitable for the offender.\n\n(4) To remove any doubt, if an inquiry under section 153 in relation to an\noffender is conducted in conjunction with another inquiry under this\nAct in relation to the offender, the board’s powers under this division\nmay be exercised with any other powers of the board in relation to the\nother inquiry.\n\nChange or cancellation of parole Part 7.5\n","sortOrder":186},{"sectionNumber":"157","sectionType":"section","heading":"Notice of board decisions about parole","content":"157 Notice of board decisions about parole\n(1) This section applies to a decision of the board in relation to an\noffender under—\n(a) section 148 (Board powers—breach of parole obligations); or\n(b) section 156 (Board powers—management of parole); or\n(c) section 161E (Exception—certain non-ACT offences).\n(2) The board must give written notice of its decision to each of the\n(3) The notice must include—\n(a) the board’s reasons for the decision; and\n(b) the date when the decision takes effect.\n(4) If the decision is to cancel the offender’s parole, the notice of the\ndecision must state—\n(a) where and when the offender must report for full-time detention\nbecause of the cancellation; and\n(b) the end date for the offender’s parole time credit under\npart 7.5A.\nNote The end date for parole time credit is set under pt 7.5A and may change\nif further breaches of parole are proven at a later date (see s 161I).\n\n","sortOrder":187},{"sectionNumber":"158","sectionType":"section","heading":"When changes to parole obligations take effect","content":"158 When changes to parole obligations take effect\n(1) This section applies to a decision of the board to change the offender’s\nparole obligations, by imposing or amending an additional condition\nof the parole order, under part 7.4.\n(a) when the board gives the offender written notice of the decision;\nor\n","sortOrder":188},{"sectionNumber":"159","sectionType":"section","heading":"When board cancellation of parole order takes effect","content":"159 When board cancellation of parole order takes effect\n(1) This section applies to a decision of the board to cancel the offender’s\nparole order under part 7.4 (Supervising parole).\n(a) when written notice of the decision is given to the offender under\nsection 157 (Notice of board decisions about parole); or\n","sortOrder":189},{"sectionNumber":"160","sectionType":"section","heading":"Parole order—effect of cancellation","content":"160 Parole order—effect of cancellation\n(1) This section applies if an offender’s parole order for a sentence of\nimprisonment is cancelled under part 7.4 (Supervising parole).\n(2) If the parole order is in force immediately before the cancellation, the\ncancellation ends the parole order.\n(3) On the cancellation of the parole order, the offender is taken not to\nhave served any period (the remaining period) of imprisonment for\nthe sentence that remained to be served on the offender’s parole\nrelease date.\n(4) Subsection (3) is subject to section 139 (Parole—effect of custody\n\nChange or cancellation of parole Part 7.5\n(5) The offender must serve the remaining period of the sentence of\nimprisonment—\n(a) by full-time detention; and\n(b) otherwise in accordance with the sentence.\n","sortOrder":190},{"sectionNumber":"161","sectionType":"section","heading":"Cancellation of parole—recommittal to full-time detention","content":"161 Cancellation of parole—recommittal to full-time detention\n(1) This section applies if an offender’s parole order is cancelled under\npart 7.4 (Supervising parole).\n(2) The recommitting authority must order that the offender be placed in\nthe director-general’s custody to serve a period of imprisonment by\nfull-time detention equal to the period of imprisonment the offender\nwas liable to serve under the offender’s sentence on the offender’s\nparole release date.\n(3) Subsection (2) is subject to section 139 (Parole—effect of custody\n(4) If the offender is not in custody, the recommitting authority may also\nissue a warrant for the offender to be arrested and placed in the\ndirector-general’s custody.\n(5) The warrant—\n(a) must be in writing; and\n(b) may be signed by a person authorised by the recommitting\nauthority; and\n(c) must be directed to all escort officers or a named escort officer.\n(6) An escort officer who arrests the offender under this section must\n\nrecommitting authority means—\n(a) if the parole order is cancelled under section 149 (Automatic\ncancellation of parole order for ACT offence)—the court\nmentioned in that section; or\n(b) if the parole order is cancelled by the board—the board.\n\nPreliminary Division 7.5A.1\n","sortOrder":191},{"sectionNumber":"161A","sectionType":"section","heading":"Application—pt 7.5A","content":"161A Application—pt 7.5A\nThis part applies to an offender if—\n(a) while the offender is under a parole order for a sentence of\nimprisonment for an offence (the parole offence), the offender\nbreaches 1 or more parole obligations; and\n(b) the offender’s parole order is cancelled.\nNote A parole order may be cancelled after it has ended (see s 151).\n","sortOrder":192},{"sectionNumber":"161B","sectionType":"section","heading":"Definitions—pt 7.5A","content":"161B Definitions—pt 7.5A\nfamily violence offence—see the Family Violence Act 2016,\nnon-ACT family violence offence means a non-ACT offence that is\nsubstantially similar to a family violence offence, despite any\ndifference in the penalty applying under a territory law.\nnon-serious offence means an offence (other than a serious offence)\nagainst a territory law that is punishable by imprisonment.\nparole offence, of an offender—see section 161A (a).\nparole sentence, of an offender, means the sentence or sentences to\nwhich the offender’s parole order relates.\nparole time credit, of an offender, means the period of time worked\nout under division 7.5A.3 for the offender.\n\nserious drug offence means an offence against any of the following\nprovisions of the Criminal Code, punishable by a maximum term of\nimprisonment of 10 years or more:\n(a) part 6.2 (Trafficking in controlled drugs);\n(b) part 6.3 (Manufacturing controlled drugs and precursors);\n(c) part 6.4 (Cultivating controlled plants);\n(d) part 6.5 (Drug offences involving children).\nserious non-ACT offence means a non-ACT offence that is\nsubstantially similar to a serious offence, despite any difference in the\npenalty applying under a territory law.\nserious offence means—\n(a) a serious drug offence; or\n(b) a sexual offence; or\n(c) a serious violent offence; or\n(d) an offence against the Criminal Code, chapter 6A (Participation\nin criminal groups), punishable by a maximum term of\nimprisonment of 10 years or more; or\n(e) an offence against a territory law previously in force that is\nsubstantially similar to an offence mentioned in\nparagraphs (a) to (d).\nserious violent offence means an offence against—\n(a) either of the following provisions punishable by a maximum\nterm of imprisonment of 10 years or more:\n(i) the Crimes Act 1900, part 2 (Offences against the person);\n(ii) the Work Health and Safety Act 2011,\nsection 34A (Industrial manslaughter); or\n(b) the Criminal Code, section 310 (Aggravated robbery).\n\nParole time credit—rules for applying Division 7.5A.2\nsexual offence means an offence against any of the following\nprovisions of the Crimes Act 1900:\n(a) part 3 (Sexual offences);\n(b) part 4 (Female genital mutilation);\n(c) part 5 (Sexual servitude).\n","sortOrder":193},{"sectionNumber":"161C","sectionType":"section","heading":"General rule","content":"161C General rule\n(1) An offender’s parole time credit is taken to be time served against the\noffender’s parole sentence.\n(2) This section is subject to section 161D and section 161E.\n","sortOrder":194},{"sectionNumber":"161D","sectionType":"section","heading":"Exceptions—certain ACT offences","content":"161D Exceptions—certain ACT offences\n(1) This section applies if an offender breaches a parole obligation by\ncommitting an offence (the second offence) and—\n(a) the second offence was committed within 3 months after the\n(b) the offender’s parole offence is a serious offence or a serious\nnon-ACT offence, and the offender’s second offence is a serious\noffence; or\n(c) the offender’s parole offence is a family violence offence or a\nnon-ACT family violence offence, and the offender’s second\noffence is a family violence offence.\n(2) The sentencing court for the second offence must make an order about\nwhether the offender’s parole time credit is to be taken as time served\nagainst their parole sentence.\nNote A court sentencing an offender is required to explain to the offender, and\nnotify the offender of, the application of parole time credit (see Crimes\n(Sentencing) Act 2005, s 82 and s 84).\n\n(3) In making the order, the court—\n(a) must not take parole time credit as time served against the parole\nsentence unless the court is satisfied there are special\ncircumstances to warrant it; but\n(b) if satisfied there are special circumstances—may take the parole\ntime credit, either wholly or partly, to be time served against the\nparole sentence.\n","sortOrder":195},{"sectionNumber":"161E","sectionType":"section","heading":"Exceptions—certain non-ACT offences","content":"161E Exceptions—certain non-ACT offences\n(1) This section applies if an offender breaches a parole obligation by\ncommitting a non-ACT offence (the second offence) and—\n(a) the second offence was committed within 3 months after the\n(b) the offender’s parole offence is a serious offence or a serious\nnon-ACT offence and the offender’s second offence is a serious\nnon-ACT offence; or\n(c) the offender’s parole offence is a family violence offence or a\nnon-ACT family violence offence and the offender’s second\noffence is a non-ACT family violence offence.\n(2) The board must make an order about whether the offender’s parole\ntime credit is to be taken as time served against their parole sentence.\n(3) In making the order, the board—\n(a) must not take parole time credit as time served against the parole\nsentence unless the board is satisfied there are special\ncircumstances that warrant it; but\n(b) if satisfied there are special circumstances—may take the parole\ntime credit, either wholly or partly, to be time served against the\nparole sentence.\n\nParole time credit—rules for applying Division 7.5A.2\n","sortOrder":196},{"sectionNumber":"161F","sectionType":"section","heading":"Appeal to Supreme Court—order by board","content":"161F Appeal to Supreme Court—order by board\n(1) This section applies if the board has made an order under\nsection 161E in relation to an offender (the appellant).\n(2) The appellant may appeal the order to the Supreme Court on a\nquestion of fact or law.\n(3) An appeal is started by the appellant filing a notice of appeal in the\noffice of the registrar of the Supreme Court within the period of\n28 days after the order was notified by the board under section 157,\nor within any further time the Supreme Court allows.\n(4) As soon as practicable after starting the appeal, the appellant must\nserve a copy of the notice of appeal on—\n(a) the board; and\n(b) the director of public prosecutions; and\n(c) the director-general.\n(5) Any document or thing that was before the board that relates to the\nappeal must—\n(a) on service of the notice of appeal on the board—be given by the\nboard to the Supreme Court; and\n(b) on the proceeding for the appeal ending—be returned by the\nSupreme Court to the board.\n(6) If an appeal has been properly started, the enforcement of the order\nappealed from is stayed until the appeal ends, or is abandoned or\ndiscontinued.\n\n","sortOrder":197},{"sectionNumber":"161G","sectionType":"section","heading":"Working out parole time credit—general rule","content":"161G Working out parole time credit—general rule\n(1) This section applies when working out the parole time credit taken to\nbe time served against an offender’s parole sentence under\nsection 161C.\n(2) The parole time credit begins on the offender’s parole release date\nand ends on the day before the day mentioned in table 161G,\ncolumn 3 that applies to the offender because of a circumstance\nmentioned in column 2.\nTable 161G\ncolumn 1\nitem\ncolumn 2\ncircumstance\ncolumn 3\nday\n1 the offender is arrested without a\nwarrant under s 144\nthe day of the arrest\n2 an arrest warrant is issued under s 145\nfor the offender\nthe day the warrant is issued\n3 a warrant is issued for the offender\nunder s 206 in relation to a hearing, and\nthe board decides to cancel the\noffender’s parole under s 148 or s 156\nafter the hearing\nthe day the warrant is issued\n4 the offender’s parole is cancelled\nbecause the offender fails to report\nunder a core condition of their parole\norder, or another direction of the\ndirector-general, on 2 or more\noccasions\n(a) the earliest day when the offender\nfailed to report; or\n(b) if the board determines a later\nday, taking into account the\noffender’s failures to report—the\nday determined by the board\n\nParole time credit—how to apply Division 7.5A.3\ncolumn 1\nitem\ncolumn 2\ncircumstance\ncolumn 3\nday\n5 the offender, while on parole, commits\nan offence punishable by imprisonment\nnot mentioned in section 161D or 161E\nand is convicted or found guilty by a\ncourt of the offence\n(a) the day the court determines the\noffence was committed; or\n(b) if the court determines the\noffence was committed on more\nthan 1 day, or within a range of\ndays—the earliest day determined\nby the court\n6 in any other case the day the parole order is cancelled\n","sortOrder":198},{"sectionNumber":"161H","sectionType":"section","heading":"Working out parole time credit—exceptions","content":"161H Working out parole time credit—exceptions\n(1) This section applies when working out the parole time credit taken to\nbe time served against an offender’s parole sentence under\nsection 161D or section 161E.\n(2) The period of an offender’s parole time credit begins on the\noffender’s parole release date and ends on—\n(a) the day before the day the second offence mentioned in the\nrelevant provision was committed, determined by the sentencing\ncourt; or\n(b) if the sentencing court determines the second offence was\ncommitted on more than 1 day, or within a range of days—the\nday before the earliest day determined by the court.\n","sortOrder":199},{"sectionNumber":"161I","sectionType":"section","heading":"Parole time credit—shortest period to apply","content":"161I Parole time credit—shortest period to apply\n(1) Not more than 1 parole time credit per parole order is to be taken as\ntime served against an offender’s parole sentence.\n(2) However, if an order has been made under this part that parole time\ncredit is not to be taken as time served against an offender’s parole\nsentence, no parole time credit for the parole order is to apply to the\noffender’s parole sentence.\n\n(3) The parole time credit to be taken as time served against an offender’s\nparole sentence is the shortest parole time credit that applies under\n(4) To remove any doubt, subsection (3) applies despite—\n(a) a longer parole time credit having been previously taken as time\nserved against an offender’s sentence for the parole order; and\n(b) any other document stating a different parole time credit for the\nParole time credit was taken to be time served against an offender’s parole sentence,\nending on the day the order was cancelled and the offender was recommitted to\nfull-time detention under s 161. Later, the offender is convicted of an offence\ncommitted while on parole. The offender’s parole order is taken, under s 151, to\nhave been cancelled on the day the offence was committed, and the offender is\nrecommitted to full-time detention by the recommitting authority. On the second\nrecommittal, the parole time credit to be taken as time served against the offender’s\nsentence is the later parole time credit, being the shortest parole time credit that\napplies under this part.\n\n","sortOrder":200},{"sectionNumber":"Part 7","sectionType":"part","heading":"6 Interstate transfer of parole","content":"Part 7.6 Interstate transfer of parole\n","sortOrder":201},{"sectionNumber":"162","sectionType":"section","heading":"Definitions—pt 7.6","content":"162 Definitions—pt 7.6\ncorresponding parole law means a law of a State or another Territory\nthat is declared to be a corresponding parole law under section 163.\ndesignated authority, for a State or another Territory, means the\nentity with powers under the corresponding parole law of the State or\nTerritory that correspond to those of the Minister under section 164.\nparole order means—\n(a) either—\n(i) a parole order under this Act or a corresponding parole law;\nor\n(ii) an authority under a law of a State or another Territory for\nthe parole of a person from lawful detention; and\n(b) includes a parole order registered under section 167.\nNote A reference to an instrument includes a reference to the instrument as\noriginally made and as amended (see Legislation Act, s 102).\nregister means register under section 167.\nsentence of imprisonment includes an order, direction, declaration or\nother authority under which a person may be lawfully detained at a\ncorrectional centre (however described).\n\n","sortOrder":202},{"sectionNumber":"163","sectionType":"section","heading":"Parole order transfer—declaration of corresponding","content":"163 Parole order transfer—declaration of corresponding\nparole laws\n(1) The Minister may declare that a law of a State or another Territory is\na corresponding parole law for this Act.\n(2) A declaration is a notifiable instrument.\n","sortOrder":203},{"sectionNumber":"164","sectionType":"section","heading":"Parole order transfer—registration requests","content":"164 Parole order transfer—registration requests\n(1) The Minister may, on the written request of the designated authority\nfor a State or another Territory, in writing, direct the director-general\nto register a parole order that was, on the date of the request, in force\nunder a law of the State or Territory.\n(2) The Minister may, by written notice addressed to the designated\nauthority for a State or another Territory, request that a parole order\nin force in the ACT be registered under the corresponding parole law\nof the State or Territory.\n","sortOrder":204},{"sectionNumber":"165","sectionType":"section","heading":"Parole order transfer—documents for registration","content":"165 Parole order transfer—documents for registration\nrequests\n(1) If the Minister makes a request under section 164 (2), the Minister\nmust send to the designated authority for the relevant State or\nTerritory—\n(a) the parole order to which the request applies; and\n(b) the judgment or order under which the parolee became liable to\nthe imprisonment to which the parole order applies or a\ncertificate of conviction or warrant of commitment that is\nevidence, or shows, that the parolee became liable to the\n(c) particulars in writing of the address of the parolee last-known to\nthe Minister; and\n\n(d) all documents relating to the parolee that were before the entity\nthat made the parole order and any other documents relating to\nthe parolee that appear to be likely to be of assistance to any\nrelevant entity of the State or Territory, including, in particular,\ndetails about the parolee’s classification as a prisoner and any\nconviction, sentence of imprisonment, minimum term of\nimprisonment, period of imprisonment served, remission earned\nand other grant of parole; and\n(e) a written report about the parolee containing additional\ninformation that appears likely to be of assistance to any relevant\nentity in the State or Territory.\n(2) A reference in subsection (1) to a parole order, judgment, order or\nother document is a reference to the original or to a copy certified as\na true copy by the person with custody of the original.\n","sortOrder":205},{"sectionNumber":"166","sectionType":"section","heading":"Parole order transfer—consideration of requests","content":"166 Parole order transfer—consideration of requests\n(1) The Minister must not direct the registration of a parole order unless\nsatisfied, after having considered the relevant documents given to the\nMinister by the designated authority for the relevant State or\nTerritory, that—\n(a) having regard to the interests of the parolee, it is desirable that\nthe parole order be registered; and\n(b) the parolee—\n(i) has consented to, or has requested, the registration; or\n(ii) is living in the ACT.\n(2) The Minister must not make a request for the registration of a parole\norder under the corresponding parole law of a State or another\nTerritory unless satisfied that—\n(a) having regard to the interests of the parolee, it is desirable that\nthe parole order be registered under the corresponding parole\nlaw; and\n\n(b) either—\n(i) the parolee has consented to, or has requested, the\nregistration of the parole order under the corresponding\nparole law; or\n(ii) there are reasonable grounds for believing that the parolee\nis living in that State or Territory.\n","sortOrder":206},{"sectionNumber":"167","sectionType":"section","heading":"Parole order transfer—registration","content":"167 Parole order transfer—registration\n(1) If the Minister directs the director-general under section 164 (1)\n(Parole order transfer—registration requests) to register a parole\norder, the director-general must register the order by endorsing on the\norder, or a copy of the order, a memorandum signed by the\ndirector-general to the effect that the order was registered on the date\nof endorsement.\n(2) If the director-general registers a parole order under subsection (1),\nthe director-general must—\n(a) ensure that written notice of the registration, and the date of\nregistration, of the order—\n(i) is served personally on the parolee; and\n(ii) is given to the designated authority for the relevant State or\nTerritory; and\n(b) give the board a copy of the documents required under\nparagraph (c) to be kept in a register; and\n(c) while the parole order is in force in the ACT, but subject to\nsection 165 (1) (Parole order transfer—documents for\nregistration requests), keep in a register—\n(i) the endorsed order or endorsed copy of the order; and\n\n(ii) the judgment or order under which the parolee became\nliable to imprisonment to which the parole order applies, a\ncertificate of conviction or warrant of commitment that is\nevidence, or shows, that the parolee became liable to the\nimprisonment, or a copy of the judgment, order, certificate\nof conviction or warrant of commitment.\n(3) A reference in this section to a copy of a parole order or a copy of a\njudgment, order, certificate of conviction or warrant of commitment\nis a reference to a copy certified as a true copy by the person with\ncustody of the original.\n","sortOrder":207},{"sectionNumber":"168","sectionType":"section","heading":"Parole order transfer—effect of registration under this","content":"168 Parole order transfer—effect of registration under this\nAct\n(1) While a parole order (including a parole order that was, at any time,\nin force in the ACT) is registered under section 167, ACT law applies\nin relation to the order and the parolee.\n(2) If a parole order registered under section 167 was made under a law\nof a State or another Territory, subsection (1) has effect as if—\n(a) each sentence of imprisonment to which the parolee was subject\nimmediately before the making of the parole order had been\nimposed by the appropriate ACT court; and\n(b) each period of imprisonment served by the parolee for the\npurpose of such a sentence had been served for the purpose of a\nsentence imposed by the appropriate ACT court; and\n(c) the parole order had been made and were in force under this\nchapter.\n\n(3) If a parole order for a sentence of life imprisonment imposed on a\nperson under a law of a State or another Territory was registered\nunder section 167 before the commencement day—\n(a) the interstate nonparole period is taken to have been validly set\nby the appropriate ACT court as the nonparole period for the\nsentence despite any ACT law to the contrary; and\n(b) a primary sentence imposed on the person after the order was\nregistered but before the commencement day is taken not to have\nresulted in the cancellation of the interstate nonparole period\nbecause of the operation of the Crimes (Sentencing) Act 2005,\nsection 66 (3).\n(4) If a parole order registered under section 167 is cancelled under this\nchapter, the parolee is liable to serve a period of imprisonment by\nfull-time detention equal to the period of imprisonment the parolee\nwas liable to serve under the sentence on the offender’s parole release\ndate.\n(5) Subsection (4) is subject to section 139 (Parole—effect of custody\nappropriate ACT court, in relation to a sentence imposed on a person\nunder a law of a State or another Territory, means—\n(a) if the sentence was imposed by a court of summary jurisdiction\nor a court on appeal from a court of summary jurisdiction—the\nMagistrates Court; or\n(b) in any other case—the Supreme Court.\ncommencement day means the day the Justice and Community Safety\nLegislation Amendment Act 2023 (No 2), section 35 commences.\n\ninterstate nonparole period, for a sentence imposed on a person\nunder a law of a State or another Territory, means the period (shorter\nthan the sentence) for which the person is ineligible to be released on\nparole under a law of the State or other Territory.\nprimary sentence—see the Crimes (Sentencing) Act 2005,\nsection 66 (1) (b).\n","sortOrder":208},{"sectionNumber":"169","sectionType":"section","heading":"Parole order transfer—effect of transfer to another","content":"169 Parole order transfer—effect of transfer to another\nOn the registration under a corresponding parole law of a State or\nanother Territory of a parole order that was, immediately before the\nregistration, in force in the ACT—\n(a) the parole order ceases to be in force in the ACT; and\n(b) if the parole order was registered under section 167—the parole\norder ceases to be registered; and\n(c) each sentence of imprisonment to which the parolee was subject\nimmediately before that registration ceases to have effect in the\nACT.\n","sortOrder":209},{"sectionNumber":"170","sectionType":"section","heading":"Parole order transfer—evidence of registration","content":"170 Parole order transfer—evidence of registration\n(1) An instrument that purports to be a memorandum endorsed on a\nparole order, or a copy of the parole order, on a stated date under\nsection 167 (1) (Parole order transfer—registration), and to have been\nsigned by the director-general, is evidence that the parole order was\nregistered under this Act on that date.\n(2) A parole order registered under this Act is admissible in evidence in\nany court by the production of a copy of the order certified as a true\ncopy by the director-general, and the copy is evidence of the matters\nstated in the order.\n\n","sortOrder":210},{"sectionNumber":"Part 8","sectionType":"part","heading":"1 Establishment, functions and","content":"Part 8.1 Establishment, functions and\nconstitution of board\n","sortOrder":211},{"sectionNumber":"171","sectionType":"section","heading":"Establishment of board","content":"171 Establishment of board\nThe Sentence Administration Board is established.\nNote The Legislation Act, dict, pt 1 defines establish as including continue in\nexistence.\n","sortOrder":212},{"sectionNumber":"172","sectionType":"section","heading":"Functions of board","content":"172 Functions of board\nThe board has the following functions:\n(a) the functions given to the board under the following provisions:\n(i) chapter 5 (Intensive correction orders);\n(ii) chapter 7 (Parole);\n(iii) part 13.1 (Release on licence);\n(b) on request, to provide advice to a Minister about an offender;\n(c) to exercise any other function given to the board under this Act\nor any other territory law.\nNote A provision of a law that gives an entity (including a person) a function\nalso gives the entity powers necessary and convenient to exercise the\nfunction (see Legislation Act, s 196 and dict, pt 1, def entity).\n","sortOrder":213},{"sectionNumber":"173","sectionType":"section","heading":"Members of board","content":"173 Members of board\nThe board consists of the members appointed under section 174.\n\n","sortOrder":214},{"sectionNumber":"174","sectionType":"section","heading":"Appointment of board members","content":"174 Appointment of board members\n(1) The Minister must appoint the following board members:\n(a) a chair;\n(b) at least 1 deputy chair and not more than 2 deputy chairs;\n(c) the chief police officer;\n(d) not more than 8 other members.\nNote 2 Certain Ministerial appointments require consultation with an Assembly\ncommittee and are disallowable (see Legislation Act, div 19.3.3).\n(2) The Minister may appoint a person to be chair or deputy chair only if\nthe person is judicially qualified.\n(3) The members mentioned in subsection (1) (a) and (b) are the judicial\nmembers of the board, and the members mentioned in\nsubsection (1) (c) and (d) are the non-judicial members of the board.\n(4) The Supreme Court Act 1933, section 16 (Holding other judicial\noffices) does not apply to the appointment of a judge as a judicial\nmember.\n(5) The Magistrates Court Act 1930, section 7G (Magistrates not to do\nother work) does not apply to the appointment of a magistrate as a\njudicial member.\n(6) The appointment of a person who is a judge or magistrate as a judicial\nmember does not affect the person’s office of judge or magistrate.\n(7) A person who is a judge or magistrate may exercise the powers of his\nor her office as judge or magistrate even though the person is a\njudicial member.\n(8) For this section, a person is judicially qualified if the person has been\na legal practitioner for not less than 5 years.\n\n","sortOrder":215},{"sectionNumber":"175","sectionType":"section","heading":"Conditions of appointment of board members","content":"175 Conditions of appointment of board members\nThe conditions of appointment of a board member are the conditions\nagreed between the Minister and the member, subject to any\ndetermination of the Remuneration Tribunal Act 1995.\n","sortOrder":216},{"sectionNumber":"176","sectionType":"section","heading":"Term of appointment of board member","content":"176 Term of appointment of board member\n(1) The appointment of a board member must not be for longer than\n3 years.\nNote A person may be reappointed to a position if the person is eligible to be\nappointed to the position (see Legislation Act, s 208 and dict, pt 1,\ndef appoint).\n(2) The instrument appointing, or evidencing the appointment of, a board\nmember must state whether the person is appointed as the chair, a\ndeputy chair or a non-judicial member.\n","sortOrder":217},{"sectionNumber":"177","sectionType":"section","heading":"Disclosure of interests by board members","content":"177 Disclosure of interests by board members\n(1) If a board member has a material interest in an issue being considered,\nor about to be considered, by the board, the member must disclose the\nnature of the interest at a board meeting as soon as possible after the\nrelevant facts have come to the member’s knowledge.\n(2) The disclosure must be recorded in the board’s minutes and, unless\nthe board otherwise decides, the member must not—\n(a) be present when the board considers the issue; or\n\n(b) take part in a decision of the board on the issue.\nAlbert, Boris and Chloe are members of the board. They have an interest in an\nissue being considered at a board meeting and they disclose the interest as soon as\nthey become aware of it. Albert’s and Boris’ interests are minor but Chloe has a\ndirect financial interest in the issue.\nThe board considers the disclosures and decides that because of the nature of the\ninterests:\n• Albert may be present when the board considers the issue but not take part in\nthe decision\n• Boris may be present for the consideration and take part in the decision.\nThe board does not make a decision allowing Chloe to be present or take part in the\nboard’s decision. Accordingly, Chloe cannot be present for the consideration of the\nissue or take part in the decision.\n(3) Any other board member who also has a material interest in the issue\nmust not be present when the board is considering its decision under\nsubsection (2).\nassociate, of a person, means—\n(a) the person’s business partner; or\n(b) a close friend of the person; or\n(c) a family member of the person.\nexecutive officer, of a corporation, means a person (however\ndescribed) who is concerned with, or takes part in, the corporation’s\nmanagement (whether or not the person is a director of the\ncorporation).\n\nindirect interest—without limiting the kind of indirect interest a\nperson may have, a person has an indirect interest in an issue if any\nof the following has an interest in the issue:\n(a) an associate of the person;\n(b) a corporation with not more than 100 members that the person,\nor an associate of the person, is a member of;\n(c) a subsidiary of a corporation mentioned in paragraph (b);\n(d) a corporation that the person, or an associate of the person, is an\nexecutive officer of;\n(e) the trustee of a trust that the person, or an associate of the person,\nis a beneficiary of;\n(f) a member of a firm or partnership that the person, or an associate\nof the person, is a member of;\n(g) someone else carrying on a business if the person, or an\nassociate of the person, has a direct or indirect right to\nparticipate in the profits of the business.\nmaterial interest—a board member has a material interest in an issue\nif the member has—\n(a) a direct or indirect financial interest in the issue; or\n(b) a direct or indirect interest of any other kind if the interest could\nconflict with the proper exercise of the member’s functions in\nrelation to the board’s consideration of the issue.\n\n","sortOrder":218},{"sectionNumber":"178","sectionType":"section","heading":"Ending board member appointments","content":"178 Ending board member appointments\n(1) The Minister may end the appointment of a board member—\n(a) if the member contravenes a territory law; or\n(b) for misbehaviour; or\n(c) if the member becomes bankrupt or personally insolvent; or\nNote Bankrupt or personally insolvent—see the Legislation Act,\ndictionary, pt 1.\n(d) if the member is convicted, in the ACT, of an offence punishable\nby imprisonment for at least 1 year; or\n(e) if the member is convicted outside the ACT, in Australia or\nelsewhere, of an offence that, if it had been committed in the\nACT, would be punishable by imprisonment for at least 1 year;\nor\n(f) if the member contravenes section 177 (Disclosure of interests\nby board members).\nNote A member’s appointment also ends if the member resigns (see\nLegislation Act, s 210).\n(2) The Minister must end the appointment of a board member—\n(a) if the member is absent from 3 consecutive meetings of the\nboard (other than a meeting of a division of the board), without\nleave approved by the Minister; or\n(b) if the member is assigned to a division of the board and is absent\nfrom 3 consecutive meetings of the division without leave\napproved by the chair; or\n(c) if the member fails to take all reasonable steps to avoid being\nplaced in a position where a conflict of interest arises during the\nexercise of the member’s functions; or\n\n(d) for physical or mental incapacity, if the incapacity substantially\naffects the exercise of the member’s functions; or\n(e) for a judicial member, if the member is no longer a judicially\nqualified person.\njudicially qualified—see section 174 (8) (Appointment of board\nmembers).\n","sortOrder":219},{"sectionNumber":"179","sectionType":"section","heading":"Protection from liability for board members etc","content":"179 Protection from liability for board members etc\nofficial means—\n(a) a board member; or\n(b) the secretary.\n(2) An official, or anyone engaging in conduct under the direction of an\nofficial, is not civilly liable for conduct engaged in honestly and not\nrecklessly—\n(a) in the exercise of a function under this Act; or\n(b) in the reasonable belief that the conduct was in the exercise of a\nfunction under this Act.\n(3) Any liability that would, apart from this section, attach to a person\nattaches to the Territory.\n","sortOrder":220},{"sectionNumber":"179A","sectionType":"section","heading":"Delegation by chief police officer","content":"179A Delegation by chief police officer\nThe chief police officer may delegate their functions as a board\nmember to a police officer of the rank of commander (or a higher\nrank).\nNote For laws about delegations, see the Legislation Act, pt 19.4.\n\nDivisions of board Part 8.2\n","sortOrder":221},{"sectionNumber":"180","sectionType":"section","heading":"Meaning of board’s supervisory functions","content":"180 Meaning of board’s supervisory functions\nFor this Act, the board’s supervisory functions are—\n(a) its functions under the following provisions:\n(i) chapter 5 (Intensive correction orders);\n(ii) chapter 7 (Parole);\n(iii) part 13.1 (Release on licence); and\n(b) any other function of the board declared by regulation to be a\nsupervisory function.\n","sortOrder":222},{"sectionNumber":"181","sectionType":"section","heading":"Exercise of board’s supervisory functions","content":"181 Exercise of board’s supervisory functions\n(1) The supervisory functions of the board must be exercised by a\ndivision of the board.\n(2) In exercising a supervisory function, the division of the board is taken\nto be the board.\n","sortOrder":223},{"sectionNumber":"182","sectionType":"section","heading":"Constitution of divisions of board","content":"182 Constitution of divisions of board\n(1) The chair must ensure that there are enough divisions of the board for\nthe proper exercise of the board’s supervisory functions.\n(2) The chair must assign 3 board members to each division including at\nleast 1 judicial member.\n\n(3) To remove any doubt—\n(a) a division of the board, as constituted at any time, may exercise\nany supervisory function of the board; and\n(b) the chair may assign board members to a division from time to\ntime for the exercise of the board’s supervisory functions in a\nparticular case or in any case; and\n(c) a board member may be assigned to 2 or more divisions at the\nsame time.\n\nProceedings of board Part 8.3\n","sortOrder":224},{"sectionNumber":"183","sectionType":"section","heading":"Time and place of board meetings","content":"183 Time and place of board meetings\n(1) Meetings of the board are to be held when and where it decides.\n(2) The chair of the board may at any time call a meeting.\n(3) The chair must give the other members reasonable notice of the time\nand place of a meeting called by the chair.\n(4) The board may adjourn a proceeding, for any reason it considers\nappropriate, to a time and place decided by it.\n","sortOrder":225},{"sectionNumber":"184","sectionType":"section","heading":"Presiding member at board meetings","content":"184 Presiding member at board meetings\nThe chair, or another judicial member nominated by the chair,\npresides at a meeting of the board.\n","sortOrder":226},{"sectionNumber":"185","sectionType":"section","heading":"Quorum at board meetings","content":"185 Quorum at board meetings\n(1) Business may be carried out at a meeting of the board only if\n3 members are present, including at least 1 judicial member and at\nleast 2 non-judicial members.\n(2) This section is subject to section 181 (Exercise of board’s supervisory\nfunctions).\n","sortOrder":227},{"sectionNumber":"186","sectionType":"section","heading":"Voting at board meetings","content":"186 Voting at board meetings\n(1) At a meeting of the board each member has a vote on each question\nto be decided.\n(2) A question is decided by a majority of the votes of members present\nand voting but, if the votes are equal, the presiding member has a\ncasting vote.\n\n","sortOrder":228},{"sectionNumber":"187","sectionType":"section","heading":"Conduct of board meetings","content":"187 Conduct of board meetings\n(1) The board may conduct its proceedings (including its meetings) as it\n(2) However, this section is subject to section 196 (Conduct of inquiry).\n(3) A meeting may be held using a method of communication, or a\ncombination of methods of communication, that allows a member\ntaking part to hear what each other member taking part says without\nthe members being in each other’s presence.\na phone link, a satellite link, an internet or intranet link\n(4) A member who takes part in a meeting conducted under\nsubsection (3) is taken to be present at the meeting.\n(5) A resolution of the board is valid, even if it is not passed at a meeting\nof the board, if—\n(a) all members agree, in writing, to the proposed resolution; and\n(b) notice of the resolution is given under procedures decided by the\n(6) The board must keep minutes of its meetings.\n","sortOrder":229},{"sectionNumber":"188","sectionType":"section","heading":"Authentication of board documents","content":"188 Authentication of board documents\nAny document requiring authentication by the board is sufficiently\nauthenticated if it is signed by—\n(a) the judicial member who presided at the meeting of the board\nthat dealt with the proceeding in relation to which the document\nwas prepared; or\n(b) in the absence of the judicial member—\n(i) any other member who was present at that meeting; or\n(ii) the secretary of the board.\n\nProceedings of board Part 8.3\n","sortOrder":230},{"sectionNumber":"189","sectionType":"section","heading":"Evidentiary certificate about board decisions","content":"189 Evidentiary certificate about board decisions\nA certificate that is given by the chair or secretary of the board, and\nrecords any decision of the board, is admissible in any legal\nproceeding and is evidence of the matters recorded.\n","sortOrder":231},{"sectionNumber":"190","sectionType":"section","heading":"Proof of certain board-related matters not required","content":"190 Proof of certain board-related matters not required\nIn any legal proceeding, proof is not required, until evidence is given\nto the contrary, of—\n(a) the constitution of the board; or\n(b) any decision or recommendation of the board; or\n(c) the appointment of, or holding of office by, any member of the\nboard; or\n(d) the presence or nature of a quorum at any meeting of the board.\n","sortOrder":232},{"sectionNumber":"191","sectionType":"section","heading":"Board secretary","content":"191 Board secretary\nThe secretary of the board is the public servant whose functions\ninclude the functions of the secretary.\nNote The secretary’s functions can be exercised by a person for the time being\noccupying the position of secretary (see Legislation Act, s 200).\n","sortOrder":233},{"sectionNumber":"192","sectionType":"section","heading":"Confidentiality of board information","content":"192 Confidentiality of board information\n(1) The board must ensure, as far as practicable, that board information\ngiven to an offender does not contain any of the following details\nabout any victim of the offender:\n(a) the victim’s home or business address;\n(b) any email address for the victim;\n(c) any contact phone or fax number for the victim.\n\n(2) The board must ensure, as far as practicable, that board information\nis not given to a person if a judicial member of the board considers\nthere is a substantial risk that giving it to the person would—\n(a) adversely affect the security or good order and discipline of a\ncorrectional centre or a NSW correctional centre; or\n(b) jeopardise the conduct of a lawful investigation; or\n(c) endanger the person or anyone else; or\n(d) otherwise prejudice the public interest.\nboard information—\n(a) means information disclosed to, or obtained by, the board in the\nexercise of its functions; and\n(b) includes—\n(i) information disclosed or obtained orally or in writing; and\n(ii) a document, or part of a document, under the control of the\ngive, information to a person, includes make the contents of a\ndocument known to the person.\n• read the document to the person\n• show the document to the person\n\n","sortOrder":234},{"sectionNumber":"193","sectionType":"section","heading":"Meaning of inquiry","content":"193 Meaning of inquiry\ninquiry means an inquiry by the board under this chapter.\n","sortOrder":235},{"sectionNumber":"194","sectionType":"section","heading":"Application of Criminal Code, ch 7","content":"194 Application of Criminal Code, ch 7\nAn inquiry is a legal proceeding for the Criminal Code, chapter 7\n(Administration of justice offences).\nNote That chapter includes offences (eg perjury, falsifying evidence, failing to\nattend and refusing to be sworn) applying in relation to an inquiry.\n","sortOrder":236},{"sectionNumber":"195","sectionType":"section","heading":"Board inquiries and hearings","content":"195 Board inquiries and hearings\n(1) This chapter is subject to part 7.2 (Making of parole orders).\n(2) The board must conduct an inquiry for the exercise of a supervisory\nfunction of the board.\n(3) The board may conduct an inquiry for the exercise of any other\nfunction of the board.\n(4) The board may, but is not required to, hold a hearing for an inquiry.\n(5) For an inquiry in relation to a supervisory function, the board must\nensure, as far as practicable, that—\n(a) it completes the inquiry without holding a hearing; and\n(b) it holds a hearing only if it believes, on reasonable grounds, that\nnatural justice would not be satisfied if the inquiry were\ncompleted without a hearing.\n(6) A regulation may provide for circumstances when a hearing may,\nmust or must not be held for an inquiry.\n\n(7) Subsections (4) and (5) are subject to any regulation made under\nsubsection (6).\n(8) The board may conduct an inquiry for the exercise of a supervisory\nfunction in relation to an offender in conjunction with any other\ninquiry for the exercise of another supervisory function in relation to\nthe offender.\n(9) A hearing by the board must be in accordance with part 9.2.\n","sortOrder":237},{"sectionNumber":"196","sectionType":"section","heading":"Conduct of inquiry","content":"196 Conduct of inquiry\n(1) For an inquiry, the board is not bound by the rules of evidence and\nmay be informed of anything in any way it considers appropriate, but,\nfor the exercise of a supervisory function, must observe natural\njustice.\n(2) An inquiry must be conducted with as little formality and technicality,\nand with as much expedition, as the requirements of this Act and any\nother relevant enactment and a proper consideration of the matters\nbefore the board allow.\n(3) Proceedings at an inquiry are not open to the public, unless the board\ndecides otherwise in a particular case.\n(4) Subject to part 9.2 (Hearings for inquiry), a person is entitled to be\npresent at a meeting of the board only with the board’s leave.\n(5) Subsection (4) does not apply to the following:\n(a) the secretary of the board;\n(b) an escort officer escorting an offender for an inquiry;\n(c) a public servant assisting the board for the inquiry.\n(6) A decision of the board is not invalid only because of any informality\nor lack of form.\n\n","sortOrder":238},{"sectionNumber":"197","sectionType":"section","heading":"Submissions for inquiry","content":"197 Submissions for inquiry\n(1) This section applies to an inquiry in relation to a supervisory function.\n(2) The offender to whom the inquiry relates, and the director-general,\nmay make submissions to the board for the inquiry.\n(3) The board must consider any submission given to the secretary of the\nboard by the offender or the director-general before the closing date\nfor submissions stated in the board’s notice of the inquiry given to the\n","sortOrder":239},{"sectionNumber":"198","sectionType":"section","heading":"Board may require official reports","content":"198 Board may require official reports\n(1) For an inquiry, a judicial member may by written notice given to any\nof the following, require the person to give the board a written report\nabout an offender:\n(a) the director-general;\n(b) the commissioner for corrective services under the Crimes\n(Administration of Sentences) Act 1999 (NSW);\n(d) a public servant prescribed by regulation.\n(2) The person given the notice must comply with it.\n","sortOrder":240},{"sectionNumber":"199","sectionType":"section","heading":"Board may require information and documents","content":"199 Board may require information and documents\n(1) For an inquiry, a judicial member may, by written notice given to a\nperson, require the person—\n(a) to provide stated information to the board relevant to the inquiry;\nor\n(b) to produce to the board a stated document or thing relevant to\nthe inquiry.\n\n(2) This section does not require a person to give information, or produce\na document or other thing, to the board if the Minister certifies in\nwriting that giving the information, or producing the document or\nother thing—\n(a) may endanger an offender or anyone else; or\n(b) is contrary to the public interest.\nNote The Legislation Act, s 170 and s 171 deal with the application of the\nprivilege against self-incrimination and client legal privilege.\n","sortOrder":241},{"sectionNumber":"200","sectionType":"section","heading":"Expenses—production of documents etc","content":"200 Expenses—production of documents etc\n(1) This section applies to a person who is required to—\n(a) give information, or produce a document or other thing, to the\nboard for an inquiry; or\n(b) appear before, or produce a document or other thing to, the board\nat a hearing for an inquiry.\n(2) The person is entitled to be paid the reasonable expenses that the\nboard decides.\n(3) This section does not apply to—\n(a) the offender to whom the inquiry relates; or\n(b) a witness who is a full-time detainee at a correctional centre\n(however described) in the ACT or elsewhere; or\n(c) a person prescribed by regulation.\n\n","sortOrder":242},{"sectionNumber":"201","sectionType":"section","heading":"Possession of inquiry documents etc","content":"201 Possession of inquiry documents etc\nThe board may have possession of a document or other thing\nproduced to the board for an inquiry for as long as the board considers\nnecessary for the inquiry.\n","sortOrder":243},{"sectionNumber":"202","sectionType":"section","heading":"Record of inquiry","content":"202 Record of inquiry\nThe board must keep a written record of proceedings at an inquiry.\n\n","sortOrder":244},{"sectionNumber":"203","sectionType":"section","heading":"Application—pt 9.2","content":"203 Application—pt 9.2\nThis part applies to a hearing for an inquiry for the exercise of any of\nthe board’s supervisory functions in relation to an offender.\n","sortOrder":245},{"sectionNumber":"204","sectionType":"section","heading":"Notice of board hearing","content":"204 Notice of board hearing\n(1) The board must give written notice of a hearing for an inquiry in\nrelation to an offender to each of the following:\n(2) The notice must include the following:\n(a) a statement about where and when the hearing is to be held;\n(b) a statement about the effect of section 209 (Offender’s rights at\nboard hearing).\n(3) A person who is given notice of a hearing under this section may\nappear at the hearing.\n(4) This section does not apply if the offender is given notice under\nsection 63 (Notice of inquiry—breach of intensive correction order\nobligations).\n","sortOrder":246},{"sectionNumber":"205","sectionType":"section","heading":"Appearance by offender at board hearing","content":"205 Appearance by offender at board hearing\n(1) For a hearing for an inquiry in relation to an offender, a judicial\nmember may, by written notice given to the offender, require the\noffender to appear before the board, at a stated time and place, to do\neither or both of the following:\n(a) give evidence;\n(b) produce a stated document or other thing relevant to the inquiry.\n\n(2) The offender is taken to have complied with a notice under\nsubsection (1) (b) if the offender gives the document or other thing to\nthe secretary of the board before the time stated in the notice for its\nproduction.\n(3) A judicial member, the director-general or a police officer may ask\nan offender to sign a voluntary agreement to appear before the board\nat a hearing for an inquiry in relation to the offender.\n","sortOrder":247},{"sectionNumber":"206","sectionType":"section","heading":"Arrest of offender for board hearing","content":"206 Arrest of offender for board hearing\n(a) an offender does not appear before the board at a hearing in\naccordance with—\n(i) a notice under section 63 (Notice of inquiry—breach of\nintensive correction order obligations); or\n(ii) a notice under section 205 (1); or\n(iii) an agreement mentioned in section 205 (3); or\n(b) a judicial member of the board considers that—\n(i) an offender will not appear before the board as mentioned\nin paragraph (a); or\n(ii) for any other reason, the offender must be arrested\nimmediately and brought before the board for a hearing.\n(2) A judicial member may issue a warrant for the offender to be arrested\nand brought before the board for the hearing.\nNote An offender’s intensive correction order and sentence are extended by the\nperiod during which a warrant is outstanding under this section and the\noffender is not in custody (see s 80).\n(3) The warrant must—\n(a) be signed by the judicial member or the secretary of the board;\nand\n\n(c) order the offender’s arrest and bringing the offender before the\nboard for the hearing; and\n(d) state an end date for the offender’s parole time credit under\npart 7.5A.\n(4) A police officer who arrests the offender under the warrant must, as\n","sortOrder":248},{"sectionNumber":"207","sectionType":"section","heading":"Appearance at board hearing by audiovisual or audio link","content":"207 Appearance at board hearing by audiovisual or audio link\n(1) This section applies if, in relation to a hearing for an inquiry, or a part\nof a hearing for an inquiry, the board has given a direction under the\nEvidence (Miscellaneous Provisions) Act 1991, section 20 (1)\n(Territory courts may take evidence and submissions from\nparticipating States) or section 32 (1) (Territory courts may take\nevidence and submissions from another place).\n(2) A person may appear in the hearing, and take part or give evidence,\nin accordance with the direction, if the person—\n(a) is required or entitled to appear personally, whether as a party or\nas a witness; or\n(b) is entitled to appear for someone else.\n(3) A person who appears in the hearing under this section is taken to be\nbefore the board.\n\n","sortOrder":249},{"sectionNumber":"208","sectionType":"section","heading":"Evidence at board hearings etc","content":"208 Evidence at board hearings etc\n(1) A judicial member may, by written notice given to a person (other\nthan the offender), require the person to appear before the board at a\nhearing for an inquiry, at a stated time and place, to do either or both\n(a) give evidence;\n(b) produce a stated document or other thing relevant to the inquiry.\nNote Section 205 deals with requiring the offender to appear at a hearing for\nan inquiry.\n(2) A person is taken to have complied with a notice under subsection (1)\n(b) if the offender gives the document or other thing to the secretary\nof the board before the time stated in the notice for its production.\n(3) The judicial member presiding at a hearing for an inquiry may require\nthe offender, or a witness, appearing before the board to do 1 or more\n(a) take an oath;\n(b) answer a question relevant to the inquiry;\n(c) produce a document or other thing relevant to the inquiry.\n(4) The judicial member presiding at the hearing may disallow a question\nput to a person if the member considers the question is unfair or\nunduly prejudicial.\nNote 1 The Legislation Act, s 170 and s 171 deal with the application of the\nprivilege against self-incrimination and client legal privilege.\nNote 2 Oath includes affirmation, and take an oath includes make an affirmation\n(see Legislation Act, dict, pt 1).\n\n","sortOrder":250},{"sectionNumber":"209","sectionType":"section","heading":"Offender’s rights at board hearing","content":"209 Offender’s rights at board hearing\nAt a hearing for an inquiry in relation to an offender, the offender—\n(a) may be represented by a lawyer or, with the board’s consent, by\nanyone else; and\n(b) may make submissions to the board about matters relevant to the\ninquiry; and\n(c) may produce documents and exhibits to the board; and\n(d) may give evidence on oath; and\n(e) may otherwise present evidence, orally or in writing, to the\nboard, and address the board, on matters relevant to the inquiry.\n","sortOrder":251},{"sectionNumber":"210","sectionType":"section","heading":"Custody of offender during board hearing adjournment","content":"210 Custody of offender during board hearing adjournment\n(1) This section applies if the board adjourns a hearing for an inquiry in\nrelation to an offender.\n(2) The board may order that the offender be remanded in custody during\nthe adjournment.\nNote Pt 3.2 (Remand) applies in relation to the order for remand.\n(3) However, the board may order the remand of the offender—\n(a) for a period not longer than is reasonably necessary, and in any\nevent not longer than 8 days for each adjournment, having\nregard to—\n(i) the purpose of the adjournment; and\n(ii) the personal circumstances of the offender; and\n(iii) the interests of justice; and\n(b) only twice for the same inquiry; and\n\n(c) if the offender has previously been remanded in custody in\nrelation to the same inquiry—only if the hearing was adjourned\non the second occasion because of circumstances beyond the\nboard’s control.\n(4) For subsection (3) (a), the day the board adjourns the hearing, and the\nday the offender appears before the board at the adjourned hearing,\nare both counted.\nNote For the grant of bail to the offender, see the Bail Act 1992.\n(5) If the offender is not in custody, the board may also issue a warrant\nfor the offender to be arrested and placed in the director-general’s\ncustody.\n(6) The warrant must—\n(a) be in writing signed by the judicial member or the secretary of\nthe board; and\n(c) order the arrest of the offender.\n(7) A police officer who arrests the offender under the warrant must\nnotify the board of the arrest as soon as practicable (but within\n12 hours) after the arrest.\n","sortOrder":252},{"sectionNumber":"211","sectionType":"section","heading":"Record of board hearings","content":"211 Record of board hearings\n(1) The director-general must ensure that a sound or audiovisual record\nis made of each hearing for an inquiry in relation to an offender.\n(2) Subject to section 192 (Confidentiality of board information), the\nboard must ensure that a copy of the record is available for access by\nan eligible person.\nExample of available for access\nproviding for the person to be given, or to be able to buy, a copy of the record or a\ntranscript made from the record\n\neligible person means—\n(a) the director-general; or\n(b) the director of public prosecutions; or\n(c) the offender; or\n(d) a lawyer representing the offender; or\n(e) someone else representing the offender with the board’s\nconsent.\nNote For the admissibility of a record of a proceeding, see the Evidence\nAct 2011, s 157.\n","sortOrder":253},{"sectionNumber":"212","sectionType":"section","heading":"Protection of witnesses etc at board hearings","content":"212 Protection of witnesses etc at board hearings\n(1) A lawyer representing an offender, or someone else representing an\noffender with the board’s consent, at a hearing of the board for an\ninquiry has the same protection as a barrister has in appearing for a\nparty in a proceeding in the Supreme Court.\n(2) A witness at a hearing for an inquiry before the board has the same\nprotection as a witness in a proceeding in the Supreme Court.\n\n","sortOrder":254},{"sectionNumber":"Part 10","sectionType":"part","heading":"Victim and offender","content":"Chapter 10 Victim and offender\ninformation\n","sortOrder":255},{"sectionNumber":"213","sectionType":"section","heading":"Meaning of registered victim","content":"213 Meaning of registered victim\nregistered victim—\n(a) in relation to an offence by an offender (other than a young\noffender)—means a victim of the offender about whom\ninformation is entered in the register kept under section 215; and\n(b) in relation to an offence by a young offender—means a victim\nof the young offender about whom information is entered in the\nregister kept under section 215A.\n","sortOrder":256},{"sectionNumber":"214","sectionType":"section","heading":"Meaning of victim","content":"214 Meaning of victim\n(1) For this Act, each of the following is a victim of an offender:\n(a) a person (a primary victim) who suffers harm because of an\noffence by the offender;\n(b) if a primary victim dies because of an offence by the offender—\na person who was financially or psychologically dependent on\nthe primary victim immediately before the primary victim’s\ndeath.\nbecause of—see the Crimes (Sentencing) Act 2005, section 47.\nharm—see the Crimes (Sentencing) Act 2005, section 47.\n\n","sortOrder":257},{"sectionNumber":"215","sectionType":"section","heading":"Victims register—offenders other than young offenders","content":"215 Victims register—offenders other than young offenders\n(1) The director-general must maintain a register of victims of offenders.\n(2) The director-general must enter in the register information about a\nvictim of an offender that the victim, or someone acting for the victim,\nasks the director-general to enter in the register.\n(3) As soon as practicable after entering the victim’s information in the\nregister, the director-general must give the victim information, orally\nor in writing, about the following:\n(a) the role of the board;\n(b) the rights of registered victims under section 216 to information\nabout offenders who are sentenced;\n(c) the role of victims under chapter 7 (Parole) and part 13.1\n(Release on licence) in relation to the release of an offender from\nimprisonment under a parole order or licence.\n(4) If the victim is a child under 15 years old, the director-general may\n(5) Subsection (4) does not limit the cases in which the director-general\noffender does not include a young offender.\n","sortOrder":258},{"sectionNumber":"215A","sectionType":"section","heading":"Victims register—young offenders","content":"215A Victims register—young offenders\n(1) The director-general must maintain a register of victims of young\noffenders.\n(2) The director-general must enter in the register information about a\nvictim of a young offender that the victim, or someone acting for the\nvictim, asks the director-general to enter in the register.\n\n(3) As soon as practicable after entering the victim’s information in the\nregister, the director-general must give the victim information, orally\nor in writing, about the rights of registered victims under\nsection 216A to information about young offenders who are\nsentenced.\n(4) If the victim is a child under 15 years old, the director-general may\n(5) Subsection (4) does not limit the cases in which the director-general\n","sortOrder":259},{"sectionNumber":"216","sectionType":"section","heading":"Disclosures to registered victims—offenders other than","content":"216 Disclosures to registered victims—offenders other than\nyoung offenders\n(1) If an offender has been sentenced, the director-general may disclose\ninformation about the offender to a registered victim of the offender\nif satisfied the disclosure is appropriate in the circumstances.\nExamples—disclosures\n1 any non-association order or place restriction order that applies to the offender\n2 if the offender is under an intensive correction order—the place where the\noffender may do community service work or attend a rehabilitation program\n3 if the offender is under a good behaviour order—the place where the offender\nmay do community service work or attend a rehabilitation program\n4 if the offender is serving a sentence of imprisonment by full-time detention—\n• the correctional centre where the offender is detained;\n• the offender’s classification in detention;\n• the transfer of the offender between correctional centres, including\nNSW correctional centres;\n• the offender’s parole eligibility date;\n• any unescorted leave given to the offender under the Corrections\nManagement Act 2007;\n• the death or escape of, or any other exceptional event relating to, the\n\n(2) If the victim is a child under 15 years old, the director-general may\nNote The Crimes (Sentencing) Act 2005, s 136 (Information exchanges\nbetween criminal justice entities) also deals with information about a\nvictim of an offence.\n(3) Subsection (2) does not limit the cases in which the director-general\noffender does not include a young offender.\n","sortOrder":260},{"sectionNumber":"216A","sectionType":"section","heading":"Disclosures to registered victims—young offenders","content":"216A Disclosures to registered victims—young offenders\n(1) If a young offender has been sentenced, the director-general may\ndisclose information about the young offender to a registered victim\nof the young offender if satisfied the disclosure is appropriate in the\ncircumstances.\nExamples—disclosures\n1 any non-association order or place restriction order that applies to the young\noffender\n2 if the young offender is under a good behaviour order—the place where the\nyoung offender may do community service work or attend a rehabilitation\nprogram\n3 if the young offender is to be released from imprisonment—when and where\nthe young offender will be released\n(2) However, the director-general must not disclose identifying\ninformation for the young offender unless the offence was a personal\nviolence offence and the director-general believes that the victim, or\na family member of the victim, may come into contact with the young\n1 the victim and young offender live in the same neighbourhood and may see\neach other at the local shopping centre\n2 the victim and young offender may be enrolled at the same school\n\n(3) If the victim is a child under 15 years old, the director-general may\nNote The Crimes (Sentencing) Act 2005, s 136 (Information exchanges\nbetween criminal justice entities) also deals with information about a\nvictim of an offence.\n(4) Subsection (3) does not limit the cases in which the director-general\nfamily violence offence—see the Family Violence Act 2016,\npersonal violence offence means—\n(a) an offence that involves causing harm, or threatening to cause\nharm, to anyone; or\n(b) a family violence offence.\n\n","sortOrder":261},{"sectionNumber":"217","sectionType":"section","heading":"Definitions—pt 11.1","content":"217 Definitions—pt 11.1\nACT prisoner means a person subject to an ACT sentence of\nimprisonment, but does not include a person subject to a\ncommonwealth sentence of imprisonment.\nACT sentence of imprisonment means a sentence of imprisonment\nfor an offence against an ACT law, and includes—\n(a) a sentence under which default imprisonment is ordered; and\n(b) an indeterminate sentence; and\n(c) a translated sentence.\narrest warrant, for a person, means a warrant to apprehend or arrest\nthe person or commit the person to prison, except—\n(a) a warrant under which the term of imprisonment that the person\nis liable to serve is default imprisonment; or\n(b) a warrant to secure the attendance of the person.\ncommonwealth sentence of imprisonment means a sentence of\nimprisonment for an offence against a law of the Commonwealth or\na non-participating territory.\ncorresponding ACT court, in relation to a court of a participating\nstate, means an ACT court declared under section 221 (Interstate\ntransfer—corresponding courts and interstate laws) to be a\ncorresponding court in relation to the participating state court.\n\ncorresponding Minister, of a participating state, means the Minister\nof the State responsible for the administration of the State’s interstate\nlaw.\ndefault imprisonment means imprisonment in default of—\n(a) payment of any fine, penalty, costs or other amount of money of\nany kind imposed or ordered to be paid by a court, judge,\nmagistrate or justice of the peace; or\n(b) entering into a bond or recognisance to be of good behaviour or\nkeep the peace.\nGovernor, of a participating state, means—\n(a) for a State other than the Northern Territory—the State’s\nGovernor or anyone exercising the functions of the Governor;\nor\n(b) for the Northern Territory—the Administrator of the Northern\nTerritory or anyone exercising the functions of the\nAdministrator.\nindeterminate sentence means a sentence of, or order or direction for,\nimprisonment or detention—\n(a) for life; or\n(b) during the pleasure of—\n(i) the Governor-General; or\n(ii) the Governor of a participating state;\nand includes such a sentence, order or direction resulting from the\noperation of any law.\ninterstate law means a law declared under section 221 (Interstate\ntransfer—corresponding courts and interstate laws) to be an interstate\nlaw for this part.\n\ninterstate sentence of imprisonment means—\n(a) a state sentence of imprisonment within the meaning of an\ninterstate law; or\n(b) for the Northern Territory—a territory sentence of\nimprisonment within the meaning of the Prisoners (Interstate\nTransfer) Act 1983 (NT).\njoint prisoner means a person subject to both—\n(a) an ACT sentence of imprisonment or an interstate sentence of\n(b) a commonwealth sentence of imprisonment.\nnon-participating territory means an external territory or the Jervis\nBay Territory.\norder of transfer means an order issued under any of the following\nprovisions for the transfer of a prisoner to a participating state or\nnon-participating territory:\n(a) section 222 (Interstate transfer—requests from ACT and joint\nprisoners for transfer to participating state);\n(b) section 223 (Interstate transfer—requests from ACT and joint\nprisoners for transfer to non-participating territory);\n(c) section 231 (Interstate transfer—order of transfer);\n(d) section 232 (8) (Interstate transfer—review of Magistrates Court\ndecision);\n(e) section 237 (1) (Interstate transfer—return of prisoner to\nparticipating state).\nparticipating state means a State in which an interstate law is in force.\n\nprison means—\n(a) a correctional centre; or\n(b) a police lockup in the ACT.\nprisoner means an ACT prisoner or joint prisoner.\nprison officer means—\n(a) a person appointed or employed to assist in the management of\na prison; or\n(b) an escort officer.\nrelease on parole includes—\n(a) release on probation; and\n(b) any other form of conditional release in the nature of parole.\nrelevant security, in relation to a person, means a security given by\nthe person—\n(a) with or without sureties; and\n(b) by bond, recognisance or otherwise; and\n(c) to the effect that the person will comply with conditions relating\nto the person’s behaviour.\nremission instrument means an instrument of remission under\nsection 313 (Remission of penalties).\nsentence of imprisonment—see section 218.\nsubject to a sentence of imprisonment—see section 219.\ntranslated sentence means a sentence of imprisonment that is taken\nunder section 243 (Interstate transfer—translated sentences) to have\nbeen imposed on a person by an ACT court.\n\n","sortOrder":262},{"sectionNumber":"218","sectionType":"section","heading":"Interstate transfer—meaning of sentence of","content":"218 Interstate transfer—meaning of sentence of\nimprisonment etc\n(1) In this part:\nsentence of imprisonment means—\n(a) an ACT sentence of imprisonment; or\n(b) an interstate sentence of imprisonment; or\n(c) if relevant, a commonwealth sentence of imprisonment.\n(2) For this part, a sentence of imprisonment resulting (or originally\nresulting) from the operation of a law of the ACT, a State or a\nnon-participating territory is taken, except as prescribed by\nregulation, to have been imposed (or originally imposed) by a court\nof the ACT, the State or the non-participating territory.\n(3) In this part, a reference to a sentence of imprisonment being served\nin the ACT includes a reference to a sentence of imprisonment being\nserved in New South Wales under this Act.\n","sortOrder":263},{"sectionNumber":"219","sectionType":"section","heading":"Interstate transfer—person subject to sentence of","content":"219 Interstate transfer—person subject to sentence of\nimprisonment\n(1) A reference in this part to a person subject to a sentence of\nimprisonment does not include a reference to a person who has\ncompleted serving the sentence.\n(2) The following people on whom a sentence of imprisonment has been\nimposed are taken, for this part, to have completed serving the\nsentence:\n(a) a person—\n(i) who has been released from serving a part of the sentence\non parole or on licence to be at large; and\n\n(ii) in relation to whom action can no longer be taken under a\nlaw of the ACT, the Commonwealth, a participating state\nor a non-participating territory to require the person to\nserve all of part of the remainder of the sentence;\n(b) a person—\n(i) who has been released from serving all or part of the\nsentence on giving a relevant security; and\n(ii) in relation to whom—\n(A) action can no longer be taken under a law of the ACT,\nthe Commonwealth, a participating state or a\nnon-participating territory (a relevant law) in relation\nto a breach of a condition of the security; or\n(B) action cannot, because of the end of the security, be\ntaken under a relevant law to require the person to\nserve all or part of the sentence;\n(c) a person whose sentence, or the remaining part of whose\nsentence, has been remitted under section 313 (Remission of\npenalties);\n(d) a person who has been pardoned under section 314 (Grant of\npardons);\n(e) a person who, because of the exercise of the prerogative of\nmercy, is no longer required to serve the sentence or the\nremaining part of the sentence.\n","sortOrder":264},{"sectionNumber":"220","sectionType":"section","heading":"Interstate transfer—effect of warrant of commitment","content":"220 Interstate transfer—effect of warrant of commitment\nissued by justice of the peace\nIf a justice of the peace of a participating state, in the exercise of his\nor her powers, issues a warrant of commitment while not constituting\na court, the sentence of imprisonment imposed by the warrant is\ntaken, for this part, to have been imposed by a court.\n\n","sortOrder":265},{"sectionNumber":"221","sectionType":"section","heading":"Interstate transfer—corresponding courts and interstate","content":"221 Interstate transfer—corresponding courts and interstate\nlaws\n(1) The Minister may declare that—\n(a) a law of a State is an interstate law for this part; and\n(b) a stated ACT court is, for this part, a corresponding court in\nrelation to a stated court of a participating state.\n(2) The Minister may make a declaration under this section in relation to\na law of a State only if satisfied that the law substantially corresponds\nto the provisions of this part and contains provisions that are\nmentioned in this part as provisions of an interstate law that\ncorrespond to stated provisions of this part.\n(3) A declaration is a notifiable instrument.\n","sortOrder":266},{"sectionNumber":"222","sectionType":"section","heading":"Interstate transfer—requests from ACT and joint","content":"222 Interstate transfer—requests from ACT and joint\nprisoners for transfer to participating state\n(1) This section applies if the Minister—\n(a) receives a written request by an ACT prisoner or joint prisoner\nserving a sentence of imprisonment in the ACT for the\nprisoner’s transfer to a participating state; and\n(b) considers that the prisoner should be transferred to the\nparticipating state in the interests of the prisoner’s welfare.\n(2) The Minister must give the corresponding Minister of the\nparticipating state a written request asking the Minister to accept the\ntransfer of the prisoner to the participating state.\n\nInterstate transfer—prisoner’s welfare Division 11.1.2\n(3) The Minister may issue an order for the transfer of the prisoner to the\nparticipating state if the Minister receives from the corresponding\nMinister written notice of consent to the transfer of the prisoner to the\nparticipating state.\n(4) In deciding whether the prisoner should be transferred to the\nparticipating state, the Minister must primarily have regard to the\nwelfare of the prisoner.\n(5) However, the Minister may also have regard to anything else the\nMinister considers relevant, including—\n(a) the administration of justice; and\n(b) the security of a prison to which the prisoner might be\ntransferred; and\n(c) the security, safety and welfare of prisoners in that prison; and\n(d) the security, safety and welfare of the community.\n(6) If the Minister decides not to issue an order for the transfer of the\nprisoner, the Minister must give the prisoner a written statement of\nthe Minister’s reasons for the decision.\n","sortOrder":267},{"sectionNumber":"223","sectionType":"section","heading":"Interstate transfer—requests from ACT and joint","content":"223 Interstate transfer—requests from ACT and joint\nprisoners for transfer to non-participating territory\n(1) This section applies if the Minister—\n(a) receives a written request by an ACT prisoner or joint prisoner\nserving a sentence of imprisonment in the ACT for the\nprisoner’s transfer to a non-participating territory; and\n(b) considers that the prisoner should be transferred to the\nnon-participating territory in the interests of his or her welfare.\n\n(2) If the request is made by an ACT prisoner, the Minister must give the\nCommonwealth Attorney-General a written request asking the\nCommonwealth Attorney-General to consent to the transfer.\n(3) The Minister may issue an order for the transfer of the ACT prisoner\nto the non-participating territory if the Minister receives from the\nCommonwealth Attorney-General written notice of consent to the\ntransfer of the prisoner to the non-participating territory.\n(4) If the request is made by a joint prisoner, the Minister may issue an\norder for the transfer of the prisoner to the non-participating territory.\n(5) In deciding whether the prisoner should be transferred to the\nnon-participating territory, the Minister must primarily have regard\nto the welfare of the prisoner.\n(6) However, the Minister may also have regard to anything else the\nMinister considers relevant, including anything mentioned in\nsection 222 (5).\n(7) If the Minister decides not to issue an order for the transfer of the\nprisoner, the Minister must give the prisoner a written statement of\nthe Minister’s reasons for the decision.\n","sortOrder":268},{"sectionNumber":"224","sectionType":"section","heading":"Interstate transfer—effect of div 11.1.2 orders on joint","content":"224 Interstate transfer—effect of div 11.1.2 orders on joint\nsentence of imprisonment unless—\n\nInterstate transfer—prisoner’s welfare Division 11.1.2\nAct.\n","sortOrder":269},{"sectionNumber":"225","sectionType":"section","heading":"Interstate transfer—repeated requests for transfer","content":"225 Interstate transfer—repeated requests for transfer\nA request under this division made by a prisoner for transfer to a\nparticipating state or non-participating territory need not be\nconsidered by the Minister if it is made within 1 year after the day a\nsimilar request is made by the prisoner.\n","sortOrder":270},{"sectionNumber":"226","sectionType":"section","heading":"Interstate transfer—receipt of request for transfer to ACT","content":"226 Interstate transfer—receipt of request for transfer to ACT\n(1) This section applies if the Minister receives a request to accept the\ntransfer of an imprisoned person to the ACT made under—\n(a) the provision of an interstate law that corresponds to section 222\n(Interstate transfer—requests from ACT and joint prisoners for\ntransfer to participating state); or\n(b) the Transfer of Prisoners Act 1983 (Cwlth), part 2.\n(2) The Minister must—\n(b) give written notice of the consent or refusal to the Minister who\nmade the request.\n(3) In deciding whether to consent, or refuse to consent, to the transfer,\nthe Minister must primarily have regard to the welfare of the\nimprisoned person.\n(4) However, the Minister may also have regard to anything else the\nMinister considers relevant, including anything mentioned in\nsection 222 (5).\n\n(5) If the Minister refuses to consent to the transfer of the imprisoned\nperson, the Minister must give the person a written statement of the\nMinister’s reasons for the decision.\n","sortOrder":271},{"sectionNumber":"227","sectionType":"section","heading":"Interstate transfer—reports","content":"227 Interstate transfer—reports\n(1) For the purpose of exercising a function under this division, the\nMinister may be informed in any way the Minister considers\nappropriate and, in particular, may have regard to any report of a\nparole or prison authority of the ACT or any participating state.\n(2) A report of a parole or prison authority may be sent to a corresponding\nMinister to assist the Minister in exercising a function under the\nrelevant interstate law.\n","sortOrder":272},{"sectionNumber":"Div 11","sectionType":"division","heading":"1.3 Interstate transfer—trials and","content":"Division 11.1.3 Interstate transfer—trials and\n","sortOrder":273},{"sectionNumber":"228","sectionType":"section","heading":"Interstate transfer—request for transfer to participating","content":"228 Interstate transfer—request for transfer to participating\nstate\n(a) a prisoner serving a sentence of imprisonment in the ACT is the\nsubject of an arrest warrant issued under the law of a\nparticipating state, the Commonwealth or a non-participating\nterritory; and\n(b) the ACT Attorney-General receives a transfer request from—\n(i) the relevant Attorney-General, accompanied by a copy of\nthe warrant; or\n(ii) the Minister under subsection (3).\n\n(2) The ACT Attorney-General must—\n(b) give the relevant Attorney-General, or the Minister, written\nnotice of the consent or refusal.\n(3) If the Minister receives a transfer request from a prisoner serving a\nsentence of imprisonment in the ACT, the Minister must refer the\nrequest to the ACT Attorney-General.\n(4) However, the Minister need not refer the transfer request to the\nACT Attorney-General if it is made within 1 year after a similar\nrequest is made by the prisoner.\n(5) If the ACT Attorney-General refuses to consent to the transfer of a\nprisoner, the ACT Attorney-General must give the prisoner a written\nstatement of reasons for the decision.\nrelevant Attorney-General, in relation to an arrest warrant, means—\n(a) for a warrant issued under the law of a participating state—the\nState Attorney-General; or\n(b) for a warrant issued under the law of the Commonwealth or a\nnon-participating territory—the Commonwealth Attorney-\nGeneral.\ntransfer request, for a prisoner serving a sentence of imprisonment\nin the ACT, means a written request for the transfer of the prisoner to\na participating state or non-participating territory to be dealt with\naccording to law.\n\n","sortOrder":274},{"sectionNumber":"229","sectionType":"section","heading":"Interstate transfer—necessary consents","content":"229 Interstate transfer—necessary consents\n(1) An order of transfer must be issued under this division only if—\n(a) the ACT Attorney-General has, in writing, consented to the\ntransfer; and\n(b) for a request for transfer—\n(i) to a non-participating territory; or\n(ii) for the purpose of an arrest warrant issued under a law of\nthe Commonwealth;\nthe Commonwealth Attorney-General has, in writing, either\nconsented to or requested the transfer.\n(2) A certificate signed by the director-general certifying that any consent\nor request for subsection (1) for the transfer of a prisoner to a stated\nparticipating state or non-participating territory has been given or\nmade is, unless evidence to the contrary is given, proof that the\nconsent or request has been given or made.\n","sortOrder":275},{"sectionNumber":"230","sectionType":"section","heading":"Interstate transfer—order for prisoner to be brought","content":"230 Interstate transfer—order for prisoner to be brought\nbefore Magistrates Court\n(1) If the Magistrates Court is satisfied that section 229 (1) applies in\nrelation to a prisoner, the court must, by written order, direct the\nperson in charge of the prison where the prisoner is being held to\nbring the prisoner before the court at a stated place and time for a\ndecision about whether an order of transfer should be issued for the\n(2) Notice of the order must be served on the Attorney-General and on\nthe prisoner.\n(3) At a hearing under the order—\n(a) the prisoner is entitled to be represented by a lawyer; and\n(b) the Attorney-General is entitled to appear or to be represented.\n\n","sortOrder":276},{"sectionNumber":"231","sectionType":"section","heading":"Interstate transfer—order of transfer","content":"231 Interstate transfer—order of transfer\nAt a hearing under section 230 in relation to a prisoner, the\nMagistrates Court must—\n(a) issue an order for the transfer of the prisoner to the participating\nstate or non-participating territory stated in the certificate\nmentioned in section 229 (2) (Interstate transfer—necessary\nconsents); or\n(b) refuse to issue the order if, on the prisoner’s application, the\ncourt is satisfied that—\n(i) it would be harsh, oppressive or not in the interests of\njustice to issue the order; or\n(ii) the trivial nature of the charge or complaint against the\nprisoner does not justify the transfer.\n","sortOrder":277},{"sectionNumber":"232","sectionType":"section","heading":"Interstate transfer—review of Magistrates Court decision","content":"232 Interstate transfer—review of Magistrates Court decision\n(1) Within 14 days after a decision is made under section 231 in relation\nto a prisoner, any of the following may apply to the Supreme Court\nfor review of the decision:\n(a) the prisoner;\n(b) the Attorney-General;\n(c) anyone else who asked for or consented to the transfer of the\n(2) On application under this section, the Supreme Court may review the\ndecision.\n(3) The following are entitled to appear, and to be represented, at the\nreview:\n(a) the prisoner;\n(b) the Attorney-General;\n\n(c) anyone else who asked for or consented to the transfer of the\n(4) A prisoner may only be represented at the review by a lawyer.\n(5) For the review, the Supreme Court may, by written order, direct the\nperson in charge of the prison where the prisoner is being held to\nbring the prisoner to the stated place of review at a stated time.\n(6) The review is by way of rehearing on the evidence (if any) given\nbefore the Magistrates Court and on any additional evidence given\nbefore the Supreme Court.\n(7) On the review of the decision, the Supreme Court may—\n(a) confirm the decision; or\n(b) set aside the decision and substitute a new decision.\n(8) For the purpose of giving effect to a substituted decision under\nsubsection (7) (b), the Supreme Court may issue an order for the\ntransfer of the prisoner to a stated participating state or\nnon-participating territory.\n","sortOrder":278},{"sectionNumber":"233","sectionType":"section","heading":"Interstate transfer—effect of div 11.1.3 orders on joint","content":"233 Interstate transfer—effect of div 11.1.3 orders on joint\nsentence of imprisonment has been imposed unless—\nAct.\n\n","sortOrder":279},{"sectionNumber":"234","sectionType":"section","heading":"Interstate transfer—execution of orders for prisoners to","content":"234 Interstate transfer—execution of orders for prisoners to\nbe brought before courts\nIf an order is made under section 230 (1) (Interstate transfer—order\nfor prisoner to be brought before Magistrates Court) or\nsection 232 (5) (Interstate transfer—review of Magistrates Court\ndecision)—\n(a) the person to whom it is directed must execute the order, or\ncause the order to be executed by a prison officer, police officer\nor escort; and\n(b) the prisoner must, while the order is being executed, be kept in\nthe custody of the person executing the order; and\n(c) the person executing the order must afterwards return the\nprisoner to the custody from which the person has been brought.\n","sortOrder":280},{"sectionNumber":"235","sectionType":"section","heading":"Interstate transfer—request by Attorney-General for","content":"235 Interstate transfer—request by Attorney-General for\ntransfer of imprisoned person to ACT\nIf a person who is the subject of an arrest warrant issued under an\nACT law is imprisoned in a participating state, the ACT\nAttorney-General may give the State Attorney-General a written\nrequest (accompanied by a copy of the warrant) for the transfer of the\nperson to the ACT to be dealt with according to law.\n","sortOrder":281},{"sectionNumber":"236","sectionType":"section","heading":"Interstate transfer—request by imprisoned person for","content":"236 Interstate transfer—request by imprisoned person for\ntransfer to ACT\n(a) a person is imprisoned in a participating state; and\n(b) the person is the subject of an arrest warrant issued under an\nACT law; and\n\n(c) the State Attorney-General has given written notice to the ACT\nAttorney-General that the State Attorney-General has consented\nto a request made by the person to be transferred to the ACT to\nenable the imprisoned person to be dealt with according to law.\n(2) The ACT Attorney-General must—\n(b) give the State Attorney-General written notice of the consent or\nrefusal.\n(3) If the ACT Attorney-General refuses to consent to the transfer of a\nprisoner, the ACT Attorney-General must give the prisoner a written\nstatement of reasons for the decision.\nDivision 11.1.4 Interstate transfer—return to original\n","sortOrder":282},{"sectionNumber":"237","sectionType":"section","heading":"Interstate transfer—return of prisoner to participating","content":"237 Interstate transfer—return of prisoner to participating\nstate\n(1) The Minister must, subject to section 238 (Interstate transfer—\nprisoner’s request to serve sentence in ACT), issue an order for the\nreturn transfer of a prisoner to a participating state or\nnon-participating territory if—\n(a) the prisoner was transferred to the ACT under an order issued\nunder—\n(i) the provision of the state interstate law corresponding to\nsection 231 (Interstate transfer—order of transfer) or\nsection 232 (8) (Interstate transfer—review of Magistrates\nCourt decision); or\n(ii) the Transfer of Prisoners Act 1983 (Cwlth), part 3; and\n\nInterstate transfer—return to original jurisdiction Division 11.1.4\n(b) as far as the Minister is aware, each complaint or information\nalleging an offence by the person against a law of the ACT or\nCommonwealth has been finally dealt with according to law and\nthat the consequences set out in subsection (2) apply.\n(2) For subsection (1) (b), the consequences are that—\n(a) the prisoner did not become liable to serve any sentence of\nimprisonment in the ACT; or\n(b) in any other case—the total period of imprisonment that the\nprisoner is liable to serve in the ACT (including any period of\nimprisonment under any translated sentence originally imposed\nby an ACT court) is shorter than the total period of\nimprisonment remaining to be served under—\n(i) any translated sentence (other than a translated sentence\noriginally imposed by an ACT court); and\n(ii) any sentence of imprisonment to which the person is\nsubject for an offence against a law of the Commonwealth\nor a non-participating territory.\n(3) For subsection (1) (b), a complaint or information alleging an offence\nby the prisoner is taken to be finally dealt with if—\n(a) the prisoner is tried for the offence, and—\n(i) the time within which an appeal against the decision may\nbe made, a review of the decision applied for, or a retrial\nordered, has ended; and\n(ii) any appeal or review has been decided or withdrawn, or\nany proceeding (including appeal) in relation to a retrial\nhas been concluded; or\n(b) the complaint or information is withdrawn, or a nolle prosequi\n(or similar instrument) is filed in relation to the offence.\n\n(4) In deciding the period, or the total period, remaining to be served\nunder a sentence or sentences of imprisonment mentioned in\nsubsection (2) (b)—\n(a) any entitlement to remissions is disregarded; and\n(b) a period of imprisonment that includes a period to be served\nunder an indeterminate sentence is taken to be longer than any\nperiod of imprisonment that does not include such a period; and\n(c) if an ACT sentence of imprisonment that the prisoner became\nliable to serve in the ACT (other than a translated sentence) is\ncumulative with any translated sentence originally imposed by\na court other than an ACT court, any translated sentence is\ntaken—\n(i) not to be a translated sentence; and\n(ii) to be a sentence that the prisoner is liable to serve in the\nACT.\n(5) This section does not apply to a prisoner if the prisoner is subject to\nan indeterminate sentence (other than a translated sentence) imposed\non the prisoner by an ACT court.\n","sortOrder":283},{"sectionNumber":"238","sectionType":"section","heading":"Interstate transfer—prisoner’s request to serve sentence","content":"238 Interstate transfer—prisoner’s request to serve sentence\nin ACT\n(1) Section 237 does not apply in relation to a prisoner if, on the\nprisoner’s written request to the Minister, the Minister and the\nrelevant Minister (or relevant Ministers) agree in writing that it is in\nthe interests of the welfare of the prisoner to serve his or her\nimprisonment in the ACT.\n\nInterstate transfer—return to original jurisdiction Division 11.1.4\nrelevant Minister means—\n(a) if the prisoner is an ACT prisoner transferred from a\nparticipating state—the corresponding Minister of the\nparticipating state; or\n(b) if the prisoner is a joint prisoner transferred from a participating\nstate—\n(i) the corresponding Minister of the participating state; and\n(ii) the Commonwealth Attorney-General; or\n(c) if the prisoner is a joint prisoner transferred from a\nnon-participating territory—the Commonwealth Attorney-\nGeneral.\n","sortOrder":284},{"sectionNumber":"239","sectionType":"section","heading":"Interstate transfer—effect of div 11.1.4 orders on joint","content":"239 Interstate transfer—effect of div 11.1.4 orders on joint\nsentence of imprisonment unless—\nAct.\n\nDivision 11.1.5 Interstate transfer—operation of\ntransfer orders\n","sortOrder":285},{"sectionNumber":"240","sectionType":"section","heading":"Interstate transfer—transfer in custody of escort","content":"240 Interstate transfer—transfer in custody of escort\n(1) An order of transfer—\n(a) must direct the person in charge of the prison where the prisoner\nis detained to deliver the prisoner into the custody of an escort;\nand\n(b) authorises the person in charge of the prison to follow the\ndirection; and\n(c) authorises the escort to have custody of the prisoner for the\npurpose of taking the prisoner from the ACT to the prison stated\nin the order and delivering the prisoner into the custody of the\nperson in charge of that prison.\n(2) An order of transfer under an interstate law, the Transfer of Prisoners\nAct 1983 (Cwlth), or both, for the transfer of a prisoner to the ACT\nauthorises the people escorting the prisoner under that law (while in\nthe ACT) to have custody of the prisoner for the purpose of taking the\nprisoner to the prison stated in the order and delivering the prisoner\ninto the custody of the person in charge of the prison.\nescort means any of the following:\n(a) a corrections officer;\n(b) a police officer;\n(c) an escort.\nprison includes a prison within the meaning of an interstate law.\nprisoner includes a prisoner within the meaning of an interstate law\nor the Transfer of Prisoners Act 1983 (Cwlth).\n\n","sortOrder":286},{"sectionNumber":"241","sectionType":"section","heading":"Interstate transfer—transfer of sentence with prisoner","content":"241 Interstate transfer—transfer of sentence with prisoner\n(1) This section applies to a prisoner if, under an order of transfer, the\nprisoner is transferred to a participating state or non-participating\nterritory.\n(2) From the time the prisoner arrives in the State or Territory, any ACT\nsentence of imprisonment, including a translated sentence, to which\nthe prisoner is subject ceases to have effect in the ACT except—\n(a) for the purpose of an appeal against, or review of, a conviction,\njudgment, sentence or order of an ACT court; or\n(b) in relation to any period of imprisonment served by the prisoner\nin the ACT; or\n(c) in relation to any remittance to the Minister of an amount paid\nin discharge (or partial discharge) of a sentence of default\nimprisonment originally imposed on the prisoner by an ACT\n","sortOrder":287},{"sectionNumber":"242","sectionType":"section","heading":"Interstate transfer—information sent to participating state","content":"242 Interstate transfer—information sent to participating state\n(1) If, under an order of transfer, a prisoner is transferred to a\nparticipating state, the Minister must send to the corresponding State\nMinister, or to a person designated by that Minister for the purpose—\n(a) the order of transfer; and\n(b) the warrant of commitment, or any other authority for\ncommitment, for any sentence of imprisonment that the prisoner\nwas serving, or was liable to serve, immediately before the\nprisoner left the ACT; and\n(c) a report, and other documents, under subsection (2) relating to\nthe prisoner; and\n(d) details of any subsequent changes to information in the report,\naccompanied by any relevant orders or other documents.\n\n(2) For subsection (1) (c), a report relating to a prisoner must—\n(a) contain the information that appears likely to assist any court,\nauthority or officer in the relevant State; and\n(b) be accompanied by the documents, including records relating to\nthe prisoner’s conduct, that appear likely to assist any court,\nauthority or officer in the relevant State; and\n(c) include details of the following:\n(i) the prisoner’s convictions;\n(ii) the prisoner’s sentences and minimum terms of\n(iii) periods of imprisonment served by the prisoner;\n(iv) the prisoner’s entitlements to remissions;\n(v) the prisoner’s release on probation or parole.\n(3) A reference in this section to an order or other document is a reference\nto the original or a copy certified in the way prescribed by regulation.\n","sortOrder":288},{"sectionNumber":"243","sectionType":"section","heading":"Interstate transfer—translated sentences","content":"243 Interstate transfer—translated sentences\n(a) an interstate sentence of imprisonment is imposed, or a\ntranslated sentence within the meaning of an interstate law is\ntaken to be imposed under that law, on a person by a court of a\nparticipating state; and\n(b) that person is brought into the ACT under an order under an\ninterstate law of the State for the person’s transfer to the ACT.\n(2) If this section applies in relation to a person—\n(a) the sentence mentioned in subsection (1) (a) is taken to have\nbeen lawfully imposed on the person by a corresponding ACT\ncourt; and\n\n(b) a direction or order given or made by a court of the participating\nstate in relation to the start of the sentence is (as far as\npracticable) taken to have been lawfully given or made by the\ncorresponding ACT court; and\n(c) subject to this division, ACT laws apply as if the sentence,\ndirection or order were a lawful sentence, direction or order of\nthe corresponding ACT court.\n","sortOrder":289},{"sectionNumber":"244","sectionType":"section","heading":"Interstate transfer—operation of translated sentences","content":"244 Interstate transfer—operation of translated sentences\ngenerally\n(1) If, in relation to a translated sentence, a court of the relevant\nparticipating state has fixed a minimum term of imprisonment\n(shorter than the translated sentence) during which the person subject\nto the sentence is not entitled to be released on parole, then, subject\nto this division, the minimum term is taken to have been fixed by the\ncorresponding ACT court.\n(2) If a translated sentence or a minimum term that is taken under\nsubsection (1) to have been fixed by a corresponding ACT court—\n(a) is amended or set aside on review by (or appeal to) a court of the\nrelevant participating state—the sentence or minimum term is\ntaken to have been amended to the same extent, or to have been\nset aside, by a corresponding ACT court; or\n(b) is otherwise amended or ceases to have effect because of action\ntaken by any entity in the participating state—the sentence is\ntaken to have been amended to the same extent, or to have\nceased to have effect, because of action taken by an appropriate\nACT entity.\n(3) This division does not permit in the ACT any appeal against or review\nof any conviction, judgment, sentence or minimum term made,\nimposed or fixed in relation to the person by a court of the\nparticipating state.\n\n","sortOrder":290},{"sectionNumber":"245","sectionType":"section","heading":"Interstate transfer—indeterminate translated sentences","content":"245 Interstate transfer—indeterminate translated sentences\n(1) If a translated sentence is an indeterminate sentence requiring that the\nperson who is the subject of the sentence be detained during the\npleasure of the Governor of the participating state where the sentence\nwas imposed, the person must be detained during the pleasure of the\nGovernor-General.\n(2) The Executive may grant a pardon under section 314 (Grant of\npardons) to a person who is subject to a translated sentence as if the\nperson were an offender convicted in the ACT of an offence against\nan ACT law.\n(3) If the Governor of the participating state where the sentence of\nimprisonment was imposed on the person has given an indication\nabout what the Governor may have done had the person not been\ntransferred to the ACT, the Executive may give effect to that\nindication in granting a pardon to the person under section 314.\n(4) Subsection (2) does not apply in relation to the conviction of a person\nfor an offence against a law of a non-participating territory.\n","sortOrder":291},{"sectionNumber":"246","sectionType":"section","heading":"Interstate transfer—effect of translated sentences before","content":"246 Interstate transfer—effect of translated sentences before\ntransfer to ACT\n(1) A person who is subject to a translated sentence is taken to have\nserved in the ACT the period of the translated sentence that, until the\ntime of transfer to the ACT, the person has served in relation to the\nsentence in a participating state, including—\n(a) any period that is taken by the provision of an interstate law\ncorresponding to this subsection to have been served in a\nparticipating state; and\n(b) any period spent in custody while being transferred to a prison\nin the ACT.\n\n(2) A person who is subject to the translated sentence is taken to be\nentitled under a remission instrument to any remission of the person’s\ntranslated sentence for which, until the time of transfer to the ACT,\nthe person was eligible in relation to the sentence of imprisonment in\nthe participating state, including any remission of sentence taken by\nan interstate law to have been earned in a participating state.\n(3) For subsection (2), a remission of the translated sentence is not taken\ninto account if—\n(a) the person subject to the sentence was eligible for remission\nuntil the time of the person’s transfer to the ACT; and\n(b) the remission is attributable to a part of the sentence not served\nor not to be served in the participating state from which the\nperson was transferred.\n(4) Any remission of a translated sentence under a remission instrument,\nexcept a remission mentioned in subsection (2), is worked out from\nthe time of arrival in the ACT of the person subject to the sentence.\n","sortOrder":292},{"sectionNumber":"247","sectionType":"section","heading":"Interstate transfer—default imprisonment for translated","content":"247 Interstate transfer—default imprisonment for translated\n(1) This section applies if a person (the prisoner) is serving a translated\nsentence by which default imprisonment was ordered.\n(2) If this section applies, and any part of the default amount is paid by\nor on behalf of the prisoner to the person in charge of the prison where\nthe prisoner is held—\n(a) the term of default imprisonment is reduced by a period that\nbears to the term of default imprisonment the same proportion\nas the part paid bears to the total amount that was payable; and\n(b) the prisoner is entitled to be released from detention at the end\nof the reduced period, subject to any other sentence of\n\n(c) the person in charge must send the amount paid to the\ncorresponding Minister of the participating state where the\ntranslated sentence was originally imposed.\n(3) If this section applies, and on review by (or appeal to) a court of the\nparticipating state where the default sentence was imposed, or\nbecause of any other action taken by any entity in the participating\nstate—\n(a) the default amount is reduced—\n(i) the term of default imprisonment is reduced by a period\nthat bears to the term of default imprisonment the same\nproportion as the amount of the reduction bears to the total\nof the default amount; and\n(ii) the prisoner is entitled to be released from detention at the\nend of that reduced period, subject to any other sentence of\nimprisonment; or\n(b) the obligation to pay the default amount is set aside—the\nprisoner is entitled to be released from detention immediately,\nsubject to any other sentence of imprisonment.\ndefault amount, in relation to a sentence of default imprisonment,\nmeans the amount in default of payment of which the default\nimprisonment was ordered.\n","sortOrder":293},{"sectionNumber":"248","sectionType":"section","heading":"Interstate transfer—notification to prisoners of decisions","content":"248 Interstate transfer—notification to prisoners of decisions\nThe Attorney-General must tell a prisoner of any decision made by\nthe Attorney-General in relation to the prisoner for this part.\n\nInterstate transfer—other provisions Division 11.1.6\n","sortOrder":294},{"sectionNumber":"249","sectionType":"section","heading":"Interstate transfer—lawful custody for transit through","content":"249 Interstate transfer—lawful custody for transit through\nACT\n(1) This section applies if, in relation to a person imprisoned in a\nparticipating state or non-participating territory (the prisoner)—\n(a) an order of transfer is made under an interstate law, the Transfer\nof Prisoners Act 1983 (Cwlth), or both, for the transfer of the\nprisoner to a State or non-participating territory; and\n(b) while transferring the prisoner under the order an escort\n(however described) brings the prisoner into the ACT.\n(2) While the prisoner being transferred under the transfer order is in the\nACT—\n(a) the escort is authorised to have custody of the prisoner for the\npurpose of taking the prisoner from the ACT to the prison stated\nin the order and delivering the prisoner into the custody of the\nperson in charge of the prison; and\n(b) if the escort asks the person in charge of a prison to detain the\nprisoner and gives the person a copy of the transfer order\n(certified by the escort to be a true copy)—the person in charge\nof the prison is authorised to detain the prisoner, as though the\nprisoner were an ACT prisoner, for the time the escort asks for,\nor for the shorter or longer time that is necessary to execute the\ntransfer order; and\n(c) if the person in charge of a prison has the custody of the prisoner\nunder paragraph (b)—the person is authorised to deliver the\nprisoner back into the escort’s custody if the escort asks and\nproduces the transfer order.\n\n","sortOrder":295},{"sectionNumber":"250","sectionType":"section","heading":"Interstate transfer—escape from custody of person being","content":"250 Interstate transfer—escape from custody of person being\ntransferred\n(1) A person in the custody of an escort under section 249 who escapes\nfrom the custody may be apprehended without warrant by the escort,\na police officer or anyone else.\n(2) Subsection (3) applies if a person in custody under section 249—\n(a) has escaped and been apprehended; or\n(b) has attempted to escape.\n(3) If this subsection applies, the person may be taken before a magistrate\nwho may, despite the terms of any order of transfer issued under an\ninterstate law, by warrant—\n(a) order the person to be returned to the participating state where\nthe order of transfer under which the person was being\ntransferred at the time of the escape or attempt to escape was\nissued; and\n(b) for that purpose, order the person to be delivered into the\ncustody of an escort.\n(4) A person who is the subject of a warrant issued under subsection (3)\nmay be detained as an ACT prisoner until the earlier of the following:\n(a) the person is delivered into the custody of an escort in\naccordance with the warrant;\n(b) the end of 7 days after the day the warrant is issued.\n(5) If a person who is the subject of a warrant issued under subsection (3)\nis not, in accordance with the warrant, delivered into the custody of\nan escort within 7 days after the day the warrant is issued, the warrant\nhas no further effect.\n(6) This section does not apply to a person to whom the Crimes Act 1914\n(Cwlth), section 47 applies under the Transfer of Prisoners Act 1983\n(Cwlth), section 26 (2).\n\nInterstate transfer—other provisions Division 11.1.6\nescort, in relation to a person who (while in the ACT) escapes, or\nattempts to escape from custody while being transferred under a\ntransfer order issued under the interstate law of a participating state,\n(a) in subsection (1)—the escort accompanying the person at the\ntime of the escape or attempted escape; or\n(b) in any other case—any of the following:\n(i) the escort within the meaning of paragraph (a);\n(ii) a prison officer or police officer of the participating state;\n(iii) a person appointed, in writing, by the corresponding\nMinister of the participating state to escort the person back\nto the participating state.\n","sortOrder":296},{"sectionNumber":"251","sectionType":"section","heading":"Interstate transfer—offence for escape from custody","content":"251 Interstate transfer—offence for escape from custody\n(1) A person commits an offence if—\n(a) the person is in custody under an order of transfer under which\nthe person is being transferred from the ACT to a participating\nstate or non-participating territory; and\n(b) the person escapes from custody; and\n(c) at the time the person escapes from custody, the person is not in\nthe ACT or the participating state or non-participating territory.\nMaximum penalty: imprisonment for 7 years.\n(2) A sentence imposed on a person for an offence against subsection (1)\nmust be served after the end of the term of any other sentence that the\nperson was serving at the time the offence was committed.\n(3) A person in custody under an order of transfer who escapes from the\ncustody is not serving his or her sentence of imprisonment while the\nperson is unlawfully at large.\n\n(4) This section does not apply to a person to whom the Crimes Act 1914\n(Cwlth), section 47 applies under the Transfer of Prisoners Act 1983\n(Cwlth), section 26 (2).\n","sortOrder":297},{"sectionNumber":"252","sectionType":"section","heading":"Interstate transfer—revocation of order of transfer on","content":"252 Interstate transfer—revocation of order of transfer on\nescape from custody\n(1) The Magistrates Court may revoke an order of transfer if it appears to\nthe court, on application made to it under this section by a person\nprescribed by regulation, that the person in relation to whom the order\nwas issued has, while being transferred in accordance with the order,\ncommitted an offence against the law of the ACT, the\nCommonwealth, a participating state or a non-participating territory.\n(2) This section applies whether or not the person has been charged with\nor convicted of the offence.\n\nInternational transfer of prisoners Part 11.2\n","sortOrder":298},{"sectionNumber":"Part 11","sectionType":"part","heading":"2 International transfer of","content":"Part 11.2 International transfer of\n","sortOrder":299},{"sectionNumber":"253","sectionType":"section","heading":"International transfer—object of pt 11.2","content":"253 International transfer—object of pt 11.2\nThe object of this part is to give effect to the scheme for the\ninternational transfer of prisoners set out in the Commonwealth Act\nby enabling the prisoners to be transferred to and from the ACT.\n","sortOrder":300},{"sectionNumber":"254","sectionType":"section","heading":"International transfer—meaning of Commonwealth Act","content":"254 International transfer—meaning of Commonwealth Act\nCommonwealth Act means the International Transfer of Prisoners\nAct 1997 (Cwlth).\n","sortOrder":301},{"sectionNumber":"255","sectionType":"section","heading":"International transfer—terms defined Commonwealth Act","content":"255 International transfer—terms defined Commonwealth Act\nA term defined in the Commonwealth Act has the same meaning in\n","sortOrder":302},{"sectionNumber":"256","sectionType":"section","heading":"International transfer—Minister’s functions","content":"256 International transfer—Minister’s functions\nThe Minister may exercise any function given to the Minister under\nthe Commonwealth Act.\n","sortOrder":303},{"sectionNumber":"257","sectionType":"section","heading":"International transfer—functions of prison officers, police","content":"257 International transfer—functions of prison officers, police\nofficers etc\n(1) A prison officer, police officer and any other officer of the ACT may\nexercise any function given or expressed to be given to the officer—\n(a) under the Commonwealth Act or a law of a State or another\nTerritory that provides for the international transfer of prisoners;\nor\n(b) in accordance with any arrangements made under section 258.\n\nPart 11.2 International transfer of prisoners\n(2) It is lawful for a prison officer, police officer or other officer of the\nACT—\n(a) to hold and deal with any prisoner in accordance with the terms\nof a warrant issued under the Commonwealth Act in relation to\nthe prisoner; and\n(b) to take any action in relation to a prisoner transferred, or to be\ntransferred, to or from Australia in accordance with the\nCommonwealth Act that the officer is authorised to take under\nthat Act.\n","sortOrder":304},{"sectionNumber":"258","sectionType":"section","heading":"International transfer—arrangements for administration","content":"258 International transfer—arrangements for administration\nof Commonwealth Act\n(1) The Chief Minister may, in accordance with the Commonwealth Act,\nsection 50, make arrangements for the administration of that Act\nincluding arrangements relating to the exercise by ACT officers of\nfunctions under the Commonwealth Act.\n(2) An arrangement may be varied or ended in accordance with the\nCommonwealth Act.\n","sortOrder":305},{"sectionNumber":"259","sectionType":"section","heading":"International transfer—prisoners transferred to Australia","content":"259 International transfer—prisoners transferred to Australia\n(1) A prisoner who is transferred to Australia under the\nCommonwealth Act must be treated for a relevant enforcement law\nas if the prisoner were a federal prisoner serving a sentence of\nimprisonment imposed under a law of the Commonwealth.\n(2) Without limiting subsection (1), enforcement laws relating to the\nfollowing matters apply to a prisoner who is transferred to Australia\nunder the Commonwealth Act:\n(a) conditions of imprisonment and treatment of prisoners;\n(b) release on parole of prisoners;\n(c) classification and separation of prisoners;\n\nInternational transfer of prisoners Part 11.2\n(d) removal of prisoners between prisons, hospitals and other\nplaces;\n(e) treatment of mentally impaired prisoners;\n(f) eligibility for participation in prison programs, including release\nunder a prerelease permit scheme (however described);\n(g) temporary absence from prison (for example, to work or seek\nwork, to attend a funeral or visit a relative suffering a serious\nillness, or to attend a place of education or training);\n(h) transfer of prisoners between States and Territories.\n(3) Any direction given by the Commonwealth Attorney-General under\nthe Commonwealth Act, section 44 or section 49 must be given effect\nin the ACT.\nenforcement law means any of the following about the detention of\nprisoners:\n(a) an ACT law;\n(b) a law of the Commonwealth, a State or another Territory;\n(c) a practice or procedure lawfully observed.\n","sortOrder":306},{"sectionNumber":"260","sectionType":"section","heading":"International transfer—prisoners transferred from","content":"260 International transfer—prisoners transferred from\nAustralia\n(1) ACT laws about the enforcement of a sentence of imprisonment\nimposed by an ACT court on a person cease to apply to a prisoner on\nwhom such a sentence has been imposed who is transferred from\nAustralia under the Commonwealth Act to complete serving such a\nsentence of imprisonment.\n(2) This section does not limit the power of the Executive to grant a\npardon or remit a sentence of imprisonment or other penalty.\n\nPart 12.1 Transfer of community-based sentences—general\nChapter 12 Transfer of community-based\nPart 12.1 Transfer of community-based\nsentences—general\n261 Community-based sentence transfer—purpose of ch 12\nThe purpose of this chapter is to allow community-based sentences\nimposed in participating jurisdictions to be transferred, by\nregistration, between participating jurisdictions.\n","sortOrder":307},{"sectionNumber":"262","sectionType":"section","heading":"Community-based sentence transfer—application of","content":"262 Community-based sentence transfer—application of\nch 12\n(1) This chapter applies only to sentences imposed by courts on adults\nconvicted or found guilty of offences.\n(2) This chapter does not apply to—\n(a) a parole order; or\n(b) a licence; or\n(c) a sentence to the extent that it imposes a fine or other financial\npenalty (however described); or\n(d) a sentence to the extent that it requires the making of reparation\n(however described).\nparole order—see section 162.\n\nTransfer of community-based sentences—general Part 12.1\n","sortOrder":308},{"sectionNumber":"263","sectionType":"section","heading":"Community-based sentence transfer—definitions ch 12","content":"263 Community-based sentence transfer—definitions ch 12\ncommunity-based sentence—see section 264.\ncorresponding community-based sentence law—see section 267.\ninterstate authority—see section 268.\ninterstate jurisdiction—see section 265.\ninterstate sentence—see section 266.\njurisdiction—see section 265.\nlocal authority—see section 268.\nlocal register—see section 271.\nlocal sentence—see section 266.\noffender, for a community-based sentence, means the person on\nwhom the sentence was imposed.\noriginating jurisdiction, for a community-based sentence, means the\njurisdiction where the sentence was originally imposed.\nparticipating jurisdiction—see section 265.\nregistration criteria—see section 276.\nsentence means an order, decision or other sentence (however\ndescribed), and includes part of a sentence.\nserve a sentence includes—\n(a) comply with or satisfy the sentence; or\n(b) do anything else in accordance with the sentence.\nthis jurisdiction—see section 265.\n\nPart 12.2 Transfer of community-based sentences—important concepts\nPart 12.2 Transfer of community-based\nsentences—important concepts\n264 Meaning of community-based sentence\n(1) A community-based sentence is—\n(a) for this jurisdiction—any of the following:\n(i) an intensive correction order;\n(ii) a drug and alcohol treatment order;\n(iii) a good behaviour order;\n(iv) a sentence declared by regulation to be a community-based\nsentence; and\n(b) for an interstate jurisdiction—a sentence that is a\ncommunity-based sentence under the corresponding\ncommunity-based sentence law of the jurisdiction.\n(2) For subsection (1) (a), the following are taken to be a single\ncommunity-based sentence:\n(a) an intensive correction order;\n(b) a suspended sentence order under the Crimes (Sentencing)\nAct 2005, section 12 (2), the good behaviour order for the\nsuspended sentence order and the sentence of imprisonment for\nthe suspended sentence order;\n(c) a combination of 2 or more sentences prescribed by regulation.\n","sortOrder":309},{"sectionNumber":"265","sectionType":"section","heading":"Community-based sentence transfer—jurisdictions and","content":"265 Community-based sentence transfer—jurisdictions and\nparticipating jurisdictions\n(1) A jurisdiction is a State or the ACT.\n(2) This jurisdiction is the ACT.\n\nTransfer of community-based sentences—important concepts Part 12.2\n(3) A participating jurisdiction is this jurisdiction or a State declared by\nregulation to be a participating jurisdiction.\n(4) An interstate jurisdiction is a participating jurisdiction other than this\n","sortOrder":310},{"sectionNumber":"266","sectionType":"section","heading":"Community-based sentence transfer—local and interstate","content":"266 Community-based sentence transfer—local and interstate\n(1) A local sentence is a community-based sentence in force in this\nNote For the effect of interstate registration of a local sentence, see s 284.\n(2) An interstate sentence is a community-based sentence in force in an\ninterstate jurisdiction.\nNote For the effect of registration in this jurisdiction of an interstate sentence,\nsee s 281.\n","sortOrder":311},{"sectionNumber":"267","sectionType":"section","heading":"Meaning of corresponding community-based sentence","content":"267 Meaning of corresponding community-based sentence\nlaw\nA corresponding community-based sentence law is—\n(a) a law of an interstate jurisdiction corresponding, or substantially\ncorresponding, to this chapter; or\n(b) a law of an interstate jurisdiction that is declared by regulation\nto be a corresponding community-based sentence law, whether\nor not the law corresponds, or substantially corresponds, to this\nchapter.\n\n","sortOrder":312},{"sectionNumber":"Part 12","sectionType":"part","heading":"2 Transfer of community-based sentences—important concepts","content":"Part 12.2 Transfer of community-based sentences—important concepts\n","sortOrder":313},{"sectionNumber":"268","sectionType":"section","heading":"Community-based sentence transfer—local and interstate","content":"268 Community-based sentence transfer—local and interstate\nauthorities\n(1) The local authority is the person appointed under section 269 as the\nlocal authority for this jurisdiction.\n(2) The interstate authority for an interstate jurisdiction is the entity that\nis the local authority for the jurisdiction under the corresponding\ncommunity-based sentence law of the jurisdiction.\n\nTransfer of community-based sentences—administration Part 12.3\nPart 12.3 Transfer of community-based\nsentences—administration\n","sortOrder":314},{"sectionNumber":"269","sectionType":"section","heading":"Community-based sentence transfer—appointment of","content":"269 Community-based sentence transfer—appointment of\nlocal authority\nThe director-general may appoint a public servant as the local\nauthority for this jurisdiction.\nNote 2 In particular, a person may be appointed for a particular provision of a\nlaw (see Legislation Act, s 7 (3)) and an appointment may be made by\nnaming a person or nominating the occupant of a position (see s 207).\n","sortOrder":315},{"sectionNumber":"270","sectionType":"section","heading":"Community-based sentence transfer—delegation by local","content":"270 Community-based sentence transfer—delegation by local\nauthority\nThe local authority may delegate the authority’s functions under this\nchapter to another public servant.\nNote For the making of delegations and the exercise of delegated functions,\nsee the Legislation Act, pt 19.4.\n","sortOrder":316},{"sectionNumber":"271","sectionType":"section","heading":"Community-based sentence transfer—local register","content":"271 Community-based sentence transfer—local register\n(1) The local authority must keep a register (the local register) of\ninterstate sentences registered under this chapter.\n(2) The local authority may correct a mistake or omission in the local\nregister.\n\nPart 12.4 Transfer of community-based\nsentences—registration of\ninterstate sentences in ACT\n","sortOrder":317},{"sectionNumber":"272","sectionType":"section","heading":"Community-based sentence transfer—request for","content":"272 Community-based sentence transfer—request for\ntransfer of interstate sentence\nThe local authority may register an interstate sentence in this\njurisdiction at the request of the interstate authority for the interstate\njurisdiction in which the sentence is in force.\n","sortOrder":318},{"sectionNumber":"273","sectionType":"section","heading":"Community-based sentence transfer—form of request for","content":"273 Community-based sentence transfer—form of request for\n(1) The local authority must consider the request if the request—\n(a) is in writing; and\n(b) states the following particulars:\n(i) the offender’s name;\n(ii) the offender’s date of birth;\n(iii) the offender’s last-known address;\n(iv) any other particulars required by the local authority; and\n(c) is accompanied by the documents mentioned in subsection (2).\n(2) The documents to accompany the request are as follows:\n(a) a copy of the interstate sentence certified by the interstate\nauthority;\n(b) a copy of the offender’s consent for the registration of the\nsentence in this jurisdiction;\n\n(c) a copy of any relevant pre-sentence report about the offender\nheld by the interstate jurisdiction in relation to any offence\ncommitted by the offender for which the offender is subject to a\nsentence;\n(d) a copy of any relevant psychological or other assessment of the\noffender held by the interstate authority;\n(e) details held by the interstate jurisdiction of—\n(i) the offender’s criminal record (whether in or outside\nAustralia); and\n(ii) the offender’s compliance with the interstate sentence and\nany other relevant non-custodial sentence;\n(f) a statement by the interstate authority explaining what part of\nthe sentence has been served in the interstate jurisdiction or any\nother interstate jurisdiction before the making of the request;\n(g) a statement by the interstate authority that the authority has\nexplained to the offender, in language likely to be readily\nunderstood by the offender, that, if the sentence is registered in\nthis jurisdiction—\n(i) the offender will be bound by the requirements of the law\nof this jurisdiction in relation to the sentence; and\n(ii) a breach of the sentence may result in the offender being\nresentenced in this jurisdiction for the offence; and\n(iii) the other consequences for a breach of the sentence in this\njurisdiction may be different from the consequences for a\nbreach of the sentence in the interstate jurisdiction, and, in\nparticular, the penalties for breach of the sentence may be\ndifferent;\n(h) any other document required by the local authority.\n\n(3) For subsection (2) (c), the offender is subject to a sentence if the\nsentence has not been fully served and has not been discharged.\n(4) In considering the request, the local authority may take into account\nany other information or other documents given to the local authority\nby the interstate authority.\n","sortOrder":319},{"sectionNumber":"274","sectionType":"section","heading":"Community-based sentence transfer—request for","content":"274 Community-based sentence transfer—request for\nadditional information\nThe local authority may ask the interstate authority for additional\ninformation about the interstate sentence or the offender.\n","sortOrder":320},{"sectionNumber":"275","sectionType":"section","heading":"Community-based sentence transfer—withdrawal of","content":"275 Community-based sentence transfer—withdrawal of\noffender’s consent\nThe offender may withdraw consent to the registration of the\ninterstate sentence at any time before (but not after) its registration by\ngiving written notice to the local authority.\n","sortOrder":321},{"sectionNumber":"276","sectionType":"section","heading":"Community-based sentence transfer—registration criteria","content":"276 Community-based sentence transfer—registration criteria\n(1) The registration criteria are that—\n(a) the offender has consented to the sentence being registered in\nthis jurisdiction and has not withdrawn the consent; and\n(b) there is a corresponding community-based sentence under the\nlaw of this jurisdiction; and\n(c) the offender can comply with the sentence in this jurisdiction;\nand\n(d) the sentence can be safely, efficiently and effectively\nadministered in this jurisdiction.\n\n(2) For this section, there is a corresponding community-based sentence\nunder the law of this jurisdiction for the interstate sentence if—\n(a) a community-based sentence under the law of this jurisdiction\ncorresponds, or substantially corresponds, to the interstate\n(b) a community-based sentence under the law of this jurisdiction is\ndeclared by regulation to correspond to the interstate sentence,\nwhether or not the sentence corresponds, or substantially\ncorresponds, to the interstate sentence.\n","sortOrder":322},{"sectionNumber":"277","sectionType":"section","heading":"Community-based sentence transfer—decision on","content":"277 Community-based sentence transfer—decision on\nrequest\n(1) The local authority may decide—\n(a) to register the interstate sentence; or\n(b) to register the sentence if the offender meets preconditions\nimposed under section 278; or\n(c) not to register the sentence.\n(2) In deciding whether to register the interstate sentence, the local\nauthority must have regard to the registration criteria, but may have\nregard to any other relevant matter.\n(3) The local authority may make procedures (assessment procedures),\nconsistent with this Act, to assist in deciding whether to register\ninterstate sentences.\n(4) An assessment procedure is a notifiable instrument.\n(5) The local authority—\n(a) may decide not to register the interstate sentence even if satisfied\nthe registration criteria are met; but\n\n(b) must not decide to register the interstate sentence (with or\nwithout preconditions) unless satisfied that the registration\ncriteria are met.\n(6) The local authority may decide whether to register the interstate\nsentence, or to impose any preconditions, on the information and\ndocuments given to the authority under this part, and any other\ninformation or documents available to the authority, without hearing\nthe offender.\n(7) To remove any doubt, the local authority may decide to register the\ninterstate sentence even if—\n(a) the interstate jurisdiction is not the originating jurisdiction for\nthe sentence; or\n(b) the sentence has previously been registered in this jurisdiction\nor this jurisdiction is the originating jurisdiction for the\n(c) the authority has previously decided not to register the sentence\nin this jurisdiction.\nNote For the effect of registration in this jurisdiction of an interstate sentence,\nsee s 281.\n(8) If the local authority decides not to register the interstate sentence, the\nauthority must give written notice of the decision to the offender and\nthe interstate authority.\n\n","sortOrder":323},{"sectionNumber":"278","sectionType":"section","heading":"Community-based sentence transfer—preconditions for","content":"278 Community-based sentence transfer—preconditions for\n(1) The local authority may impose preconditions for the registration of\nthe interstate sentence that the offender must meet to show that the\noffender can comply, and is willing to comply, with the sentence in\nthis jurisdiction.\nExamples of preconditions\n1 the offender must satisfy the local authority before a stated time that the\noffender is living in this jurisdiction\n2 the offender must report to a stated person in this jurisdiction at a stated time\nand place (or another time and place agreed between the local authority and\nthe offender)\n(2) If the local authority decides to impose preconditions, the local\nauthority must give written notice of the decision and the\npreconditions to the offender and the interstate authority.\n(3) The local authority may, by written notice to the offender and the\ninterstate authority, amend or revoke any precondition.\n","sortOrder":324},{"sectionNumber":"279","sectionType":"section","heading":"Community-based sentence transfer—how interstate","content":"279 Community-based sentence transfer—how interstate\nsentence registered\n(1) If the local authority decides to register the interstate sentence in this\njurisdiction without imposing preconditions for the registration of the\nsentence, the local authority must register the sentence by entering\nthe required details in the local register.\n(2) If the local authority decides to impose preconditions for the\nregistration of the interstate sentence, the local authority must register\nthe sentence by entering the required details in the local register only\nif satisfied that the preconditions have been met.\nrequired details means the details of the offender and the interstate\nsentence prescribed by regulation.\n\n","sortOrder":325},{"sectionNumber":"280","sectionType":"section","heading":"Community-based sentence transfer—notice of","content":"280 Community-based sentence transfer—notice of\n(1) If the local authority registers the interstate sentence in this\njurisdiction, the local authority must give written notice of the\nregistration to the offender and the interstate authority.\n(2) The notice must state the date the sentence was registered.\n","sortOrder":326},{"sectionNumber":"281","sectionType":"section","heading":"Community-based sentence transfer—effect of","content":"281 Community-based sentence transfer—effect of\nregistration generally\n(1) If the interstate sentence is registered in this jurisdiction, the\nfollowing provisions apply:\n(a) the sentence becomes a community-based sentence in force in\nthis jurisdiction, and ceases to be a community-based sentence\nin force in the interstate jurisdiction;\n(b) the sentence is taken to have been validly imposed by the\nappropriate court of this jurisdiction;\n(c) the sentence continues to apply to the offender in accordance\nwith its terms despite anything to the contrary under the law of\nthis jurisdiction;\n(d) the offence (the relevant offence) for which the sentence was\nimposed on the offender is taken to be an offence against the law\nof this jurisdiction, and not an offence against the law of the\noriginating jurisdiction;\n(e) the penalty for the relevant offence is taken to be the relevant\npenalty for the offence under the law of the originating\njurisdiction, and not the penalty for an offence of that kind\n(if any) under the law of this jurisdiction;\n(f) any part of the sentence served in an interstate jurisdiction\nbefore its registration is taken to have been served in this\njurisdiction;\n\n(g) the offender may be dealt with in this jurisdiction for a breach\nof the sentence, whether the breach happened before or after the\nregistration of the sentence;\n(h) the law of this jurisdiction applies to the sentence and any breach\nof it with any necessary changes and the changes (if any)\nprescribed by regulation.\n(2) Subsection (1) (d) and (e) do not apply if this jurisdiction is the\noriginating jurisdiction.\n(3) This section does not affect any right, in the originating jurisdiction,\nof appeal or review (however described) in relation to—\n(a) the conviction or finding of guilt on which the interstate\nsentence was based; or\n(b) the imposition of the interstate sentence.\n(4) Any sentence or decision imposed or made on an appeal or review\nmentioned in subsection (3) has effect in this jurisdiction as if it were\nvalidly imposed or made on an appeal or review in this jurisdiction.\n(5) This section does not give any right to the offender to an appeal or\nreview (however described) in this jurisdiction in relation to the\nconviction, finding of guilt or imposition of sentence mentioned in\nsubsection (3).\nappropriate court, of this jurisdiction, means—\n(a) if the interstate sentence was imposed by a court of summary\njurisdiction or by a court on appeal from a court of summary\njurisdiction—the Magistrates Court; and\n(b) in any other case—the Supreme Court.\n\nPart 12.5 Transfer of community-based sentences—registration of ACT sentences\ninterstate\nPart 12.5 Transfer of community-based\nsentences—registration of ACT\nsentences interstate\n","sortOrder":327},{"sectionNumber":"282","sectionType":"section","heading":"Community-based sentence transfer—request for","content":"282 Community-based sentence transfer—request for\ntransfer of local sentence\nThe local authority may request the interstate authority for an\ninterstate jurisdiction to register a local sentence in the interstate\n","sortOrder":328},{"sectionNumber":"283","sectionType":"section","heading":"Community-based sentence transfer—response to","content":"283 Community-based sentence transfer—response to\nrequest for additional information\nThe local authority may, at the request of the interstate authority or\non its own initiative, give the interstate authority any additional\ninformation about the local sentence or the offender.\n","sortOrder":329},{"sectionNumber":"284","sectionType":"section","heading":"Community-based sentence transfer—effect of interstate","content":"284 Community-based sentence transfer—effect of interstate\n(1) If the local sentence is registered in the interstate jurisdiction, the\nfollowing provisions have effect:\n(a) the sentence becomes a community-based sentence in force in\nthe interstate jurisdiction, and ceases to be a community-based\nsentence in force in this jurisdiction;\n(b) the offender may be dealt with in the interstate jurisdiction for a\nbreach of the sentence, whether the breach happened before or\nafter the registration of the sentence;\n(c) if the sentence is registered in the local register—the sentence\nceases to be registered.\n\nTransfer of community-based sentences—registration of ACT sentences\ninterstate\nPart 12.5\n(2) If this jurisdiction is the originating jurisdiction for the local sentence,\nthis section does not affect any right of appeal or review (however\ndescribed) in relation to—\n(a) the conviction or finding of guilt on which the sentence was\nbased; or\n(b) the imposition of the sentence.\n(3) To remove any doubt, this section does not prevent the local sentence\nfrom later being registered in this jurisdiction.\n\nPart 12.6 Transfer of community-based sentences—other provisions\nPart 12.6 Transfer of community-based\nsentences—other provisions\n285 Community-based sentence transfer—inaccurate\ninformation about local sentence registered interstate\n(a) a community-based sentence that was a local sentence is\nregistered in an interstate jurisdiction; and\n(b) the local authority becomes aware that information about the\nsentence or the offender recorded in the register kept under the\ncorresponding community-based sentence law of the interstate\njurisdiction (the interstate register) is not, or is no longer,\naccurate.\n(2) The local authority must tell the interstate authority for the interstate\njurisdiction how the information in the interstate register needs to be\nchanged to be accurate.\n(3) Without limiting subsection (2), the local authority must tell the\ninterstate authority about—\n(a) any part of the sentence served in this jurisdiction between the\nmaking of the request to register the sentence in the interstate\njurisdiction and its registration in the interstate jurisdiction; or\n(b) the outcome of any appeal or review in this jurisdiction affecting\nthe sentence.\n","sortOrder":330},{"sectionNumber":"286","sectionType":"section","heading":"Community-based sentence transfer—dispute about","content":"286 Community-based sentence transfer—dispute about\naccuracy of information in interstate register\n(a) a community-based sentence that was a local sentence is\nregistered in an interstate jurisdiction; and\n\nTransfer of community-based sentences—other provisions Part 12.6\n(b) the offender claims, in writing, to the interstate authority for the\ninterstate jurisdiction that the information recorded about the\nsentence or the offender in the register kept under the\ncorresponding community-based sentence law of the interstate\njurisdiction (the interstate register) is not, or is no longer,\naccurate, and states in the claim how the information is\ninaccurate.\n(2) The interstate authority may send the local authority—\n(a) a copy of the claim; and\n(b) an extract from the interstate register containing the information\nthat the offender claims is inaccurate.\n(3) The local authority must check whether the information in the extract\nis accurate, having regard to the offender’s claims.\n(4) If the local authority is satisfied that the information is accurate, the\nlocal authority must tell the interstate authority.\n(5) If the local authority is satisfied that the information is inaccurate, the\nlocal authority must give the interstate authority the correct\ninformation.\n","sortOrder":331},{"sectionNumber":"287","sectionType":"section","heading":"Community-based sentence transfer—evidentiary","content":"287 Community-based sentence transfer—evidentiary\ncertificates for registration and registered particulars\n(1) A certificate that appears to be signed by or for the local authority or\nthe interstate authority for an interstate jurisdiction, and states a\nmatter that appears in or can be worked out from the register kept\nunder this chapter or a corresponding community-based sentence law,\nis evidence of the matter.\n(2) A certificate may state a matter by reference to a date or period.\n(3) A certificate that appears to be signed by or for the local authority or\nthe interstate authority for an interstate jurisdiction, and states any\nmatter prescribed by regulation, is evidence of the matter.\n\nPart 12.6 Transfer of community-based sentences—other provisions\n(4) A certificate that appears to be signed by or for the local authority or\nthe interstate authority for an interstate jurisdiction and states any of\nthe following details is evidence of the matter:\n(a) details of a community-based sentence or the offender in\nrelation to a community-based sentence;\n(b) details of any part of a community-based sentence that has or\nhas not been served.\n(5) A court must accept a certificate mentioned in this section as proof of\nthe matters stated in it if there is no evidence to the contrary.\n(6) A court must or may admit into evidence other documents prescribed\nby regulation in the circumstances prescribed by regulation.\n\nRelease on licence—general Division 13.1.1\nChapter 13 Release on licence, remission\nand pardon\nDivision 13.1.1 Release on licence—general\n288 Application—pt 13.1\nThis part applies to an offender if—\n(a) the offender is serving a sentence of life imprisonment for an\noffence against a territory law; and\n(b) the offender has served at least 10 years of the sentence.\n","sortOrder":332},{"sectionNumber":"289","sectionType":"section","heading":"Definitions—pt 13.1","content":"289 Definitions—pt 13.1\ncore condition, of an offender’s licence, means a core condition\nunder section 301 (Release on licence—core conditions).\nlicence means a licence under section 295 (Release on licence—\ndecision by Executive).\nlicence release date, for an offender—see section 296 (2) (b).\nrelease on licence obligations, of an offender, means the offender’s\nobligations under section 300 (Release on licence obligations).\n","sortOrder":333},{"sectionNumber":"290","sectionType":"section","heading":"Release on licence—request for board recommendation","content":"290 Release on licence—request for board recommendation\n(1) The Attorney-General may, in writing, ask the board to recommend\nwhether an offender should be released from imprisonment on\nlicence.\n\n(2) If the board receives a request under this section, the board must hold\nan inquiry.\n","sortOrder":334},{"sectionNumber":"291","sectionType":"section","heading":"Release on licence—notice of board inquiry","content":"291 Release on licence—notice of board inquiry\n(1) Before starting an inquiry in relation to the release of an offender on\nlicence, the board must give written notice of the inquiry to each of\n(2) The notice must—\n(a) include invitations for the offender and the director-general to\nmake submissions to the board by a stated date for the inquiry;\nand\n(b) be accompanied by a copy of any report or other document\nintended to be used by the board in making its recommendations\nabout the offender’s release on licence.\n(3) However, subsection (2) (b) is subject to section 192 (Confidentiality\nof board information).\n(4) The board may hold the inquiry whether or not the offender makes a\nsubmission in accordance with the invitation.\n","sortOrder":335},{"sectionNumber":"292","sectionType":"section","heading":"Release on licence—board to seek victim’s views","content":"292 Release on licence—board to seek victim’s views\n(1) Before starting an inquiry into an application for the release of an\noffender on licence, the board must take reasonable steps to give\nnotice of the inquiry to each registered victim of the offender.\n(2) The board may give notice of the inquiry to any other victim of the\noffender if satisfied the circumstances justify giving the victim notice\nof the inquiry.\n\n(3) For this section, the head of service may make an arrangement with\nthe board for a public servant—\n(a) to assist the board for this section; or\n(b) to assist any victim of the offender, or any member of the\nvictim’s family, to make a submission, or tell the board about\nany concern, in accordance with the notice.\nExample for s (3)\nan arrangement for a victim liaison officer to assist the board or victims\n(a) the director-general may give notice of the inquiry to a person\n(a relevant person) who has parental responsibility for the\nvictim under the Children and Young People Act 2008,\ndivision 1.3.2; and\n(5) Subsection (4) does not limit the cases in which the board may give\n(6) The notice must include the following:\n(a) an invitation to the victim to—\n(i) make a written submission to the board about the granting\nof a licence for the offender, including the likely effect on\nthe victim, or on the victim’s family, if the licence were to\nbe granted; or\n(ii) tell the board, in writing, about any concern of the victim\nor the victim’s family about the need to be protected from\n\n(b) a statement to the effect that any submission made, or concern\nexpressed, in writing to the board within the period stated in the\nnotice will be considered in recommending to the\nAttorney-General—\n(i) whether a licence should be granted to the offender; and\n(ii) if a licence is granted—the conditions (if any) that should\nbe imposed on the licence by the Executive;\n(c) information about the offender to assist the victim, or a member\nof the victim’s family, to make a submission, or tell the board\nabout any concern, under paragraph (a);\n(d) information about any assistance available to the victim or\nfamily member to make the submission, or tell the board about\nany concern, under paragraph (a).\nExamples of information for par (c)\n1 the offender’s conduct while serving the sentence\n2 the core conditions of a licence\n(7) For subsection (6) (b), the period stated must be a reasonable time\n(not less than 7 days after the day the victim is given the notice) to\nallow the victim or family member to make a written submission, or\nexpress concern, to the board in writing.\n(8) The notice may include anything else the board considers appropriate.\n","sortOrder":336},{"sectionNumber":"293","sectionType":"section","heading":"Release on licence—criteria for board recommendations","content":"293 Release on licence—criteria for board recommendations\n(1) The board may make a recommendation for the release of an offender\non licence only if it considers that the offender’s release is\nappropriate, having regard to the principle that the public interest is\nof primary importance.\n\n(2) In deciding whether to recommend the offender’s release on licence,\nthe board must consider the following matters:\n(a) any relevant recommendation, observation and comment made\nby the sentencing court;\n(b) any submission made, and concern expressed, to the board by a\nvictim;\n(c) the likely effect on any victim, and on the victim’s family, of the\noffender being released on licence, and, in particular, any\nconcern, of which the board is aware, expressed by or for a\nvictim, or the victim’s family, about the need for protection from\n(d) any report required by regulation in relation to the release of the\noffender on licence;\n(e) any other report prepared by or for the Territory in relation to\nthe release of the offender on licence;\n(f) the offender’s conduct while serving the offender’s sentence of\n(g) the offender’s participation in activities while serving the\noffender’s sentence of imprisonment;\n(h) the offender’s preparedness to undertake further activities while\nreleased on licence;\n(i) the likelihood that, if released on licence, the offender will\ncommit further offences;\n(j) the likelihood that, if released on licence, the offender will\ncomply with any condition to which the licence would be\nsubject;\n(k) the offender’s acceptance of responsibility for the offence;\n(l) any special circumstances in relation to the offender;\n(m) anything else prescribed by regulation.\n\n(3) Subsection (2) does not limit the matters that the board may consider.\n","sortOrder":337},{"sectionNumber":"294","sectionType":"section","heading":"Release on licence—board recommendations","content":"294 Release on licence—board recommendations\n(1) After conducting an inquiry in relation to the release of an offender\non licence, the board must recommend, in writing, to the Executive\nwhether the offender should be released from imprisonment on\nlicence.\n(2) If the board recommends the offender’s release on licence, the board\nmay recommend any condition, not inconsistent with this Act or the\nCrimes (Sentencing) Act 2005, that the board considers appropriate\nfor the offender’s release on licence.\n(3) The board may also make a recommendation about anything else it\n1 if the board recommends against the offender’s release, the board may\nrecommend when it might be appropriate to reconsider the offender’s release\n2 if the board recommends the offender’s release, the board may recommend\nwhether (and when) the board should review the appropriateness of the\noffender being at large under the licence\n(4) A recommendation by the board must be accompanied by its reasons\nfor the recommendation.\n","sortOrder":338},{"sectionNumber":"295","sectionType":"section","heading":"Release on licence—decision by Executive","content":"295 Release on licence—decision by Executive\n(1) In deciding whether to release an offender on licence, the\nExecutive—\n(a) must consider any recommendation by the board under\nsection 294 and its reasons for the recommendation; and\n(b) may consider anything else it considers appropriate.\n\n(2) The Executive may grant, or refuse to grant, the offender a licence to\nbe released from imprisonment under the offender’s sentence.\n(3) The Executive may impose any condition it considers appropriate on\na licence.\n","sortOrder":339},{"sectionNumber":"296","sectionType":"section","heading":"Release on licence—grant","content":"296 Release on licence—grant\n(1) If the Executive decides to grant a licence to an offender, the\nExecutive must give the licence to the offender.\n(2) A licence for an offender must be in writing and include the\n(a) the offender’s full name;\n(b) the date (the licence release date) for the offender’s release from\nimprisonment on licence;\n(c) any condition imposed on the licence by the Executive.\n(3) The licence may also include any other information the Executive\n","sortOrder":340},{"sectionNumber":"297","sectionType":"section","heading":"Explanation of licence","content":"297 Explanation of licence\n(1) This section applies if the Executive grants an offender a licence.\n(2) The board must ensure that reasonable steps are taken to explain to\nthe offender in general terms (and in a language that the offender can\nreadily understand)—\n(a) the offender’s release on licence obligations; and\n(b) the consequences if the offender breaches the obligations.\n(3) The board must ensure that a written record of the explanation is\ngiven to the offender.\n\n","sortOrder":341},{"sectionNumber":"298","sectionType":"section","heading":"Release on licence—notice of Executive decision","content":"298 Release on licence—notice of Executive decision\n(1) This section applies if the Executive makes a decision to grant, or\nrefuse to grant, an offender a licence.\n(2) The director-general must give written notice of the Executive’s\ndecision to each of the following:\n(b) the board;\n(3) The director-general may also give notice of the Executive’s decision\nto any other entity the director-general considers appropriate.\n(4) The board must, in writing, take reasonable steps to tell each relevant\nvictim of the offender, as soon as is practicable, about—\n(a) the Executive’s decision; and\n(b) if the Executive grants a licence to the offender—\n(i) the offender’s licence release date; and\n(ii) in general terms, the offender’s release on licence\n(5) The board may also tell a relevant victim the general area where the\noffender will, on release, live.\n(6) If a victim of the offender is a child under 15 years old, the\ndirector-general may give the information to a person who has\nparental responsibility for the victim under the Children and Young\nPeople Act 2008, division 1.3.2.\n(7) Subsection (6) does not limit the cases in which the board may give\ninformation to a person acting for a victim.\n\nOperation of licences Division 13.1.3\nrelevant victim means each of the following:\n(a) a victim of the offender who made a submission to the board, or\ntold the board about any concern, under section 292 (Release on\nlicence—board to seek victim’s views);\n(b) any other victim of the offender that the board is aware has\nexpressed concern, or has had concern expressed on their behalf,\nabout the need for the victim, or the victim’s family, to be\nprotected from violence or harassment by the offender;\n(c) a registered victim of the offender.\n","sortOrder":342},{"sectionNumber":"299","sectionType":"section","heading":"Release authorised by licence","content":"299 Release authorised by licence\n(1) A licence for an offender authorises anyone having custody of the\noffender for the offender’s sentence of imprisonment to release the\noffender in accordance with the licence.\n(2) However, the licence does not authorise the release of the offender if\nthe offender is required to be kept in custody in relation to another\noffence against a territory law, or an offence against a law of the\nCommonwealth, a State or another Territory.\n(3) The offender must be released from imprisonment on the offender’s\nlicence release date.\n(4) The offender may be released from imprisonment at any time on the\noffender’s licence release date.\n(5) However, if the offender’s licence release date is not a working day\nat the place of imprisonment, the offender may be released from the\nimprisonment at any time during the last working day at that place\nbefore the release date if the offender asks to be released on that day.\n\n","sortOrder":343},{"sectionNumber":"300","sectionType":"section","heading":"Release on licence obligations","content":"300 Release on licence obligations\nAn offender released on licence must—\n(a) comply with the licence, including—\n(i) the core conditions of the licence; and\n(ii) any condition imposed on the licence by the Executive; and\n(b) comply with any other requirement under this Act or the\n","sortOrder":344},{"sectionNumber":"301","sectionType":"section","heading":"Release on licence—core conditions","content":"301 Release on licence—core conditions\n(1) The core conditions of an offender’s licence are as follows:\n(c) any change in the offender’s contact details is approved by the\ndirector-general under subsection (2);\n\nOperation of licences Division 13.1.3\nCorrections Management Act 2007 in relation to the offender’s\nlicence;\n(e) the offender must appear before the board as required, or agreed\nby the offender, under section 205 (Appearance by offender at\nboard hearing);\n(f) any condition prescribed by regulation that applies to the\npossible after, but no later than 1 day after, the day of the\n(a) home address and phone number; and\n(b) work address and phone number; and\n\n","sortOrder":345},{"sectionNumber":"302","sectionType":"section","heading":"Release on licence—director-general directions","content":"302 Release on licence—director-general directions\n(1) For this part, the director-general may give directions, orally or in\nwriting, to the offender.\n","sortOrder":346},{"sectionNumber":"302A","sectionType":"section","heading":"Release on licence—alcohol and drug tests","content":"302A Release on licence—alcohol and drug tests\ngive a test sample.\nalcohol and drug tests apply, with any necessary changes, in relation\nto a direction under this section and any sample given under the\n","sortOrder":347},{"sectionNumber":"303","sectionType":"section","heading":"Release on licence—sentence not discharged","content":"303 Release on licence—sentence not discharged\nWhile released on the licence, an offender is taken to be serving the\noffender’s sentence.\n","sortOrder":348},{"sectionNumber":"303A","sectionType":"section","heading":"Corrections officers to report breach of release on","content":"303A Corrections officers to report breach of release on\nlicence obligations\ngrounds that an offender has breached any of the offender’s release\n(2) The corrections officer must report the belief to the board in writing.\n(3) The report must be accompanied by a copy of a written record in\nsupport of the corrections officer’s belief.\n\n","sortOrder":349},{"sectionNumber":"304","sectionType":"section","heading":"Arrest without warrant—breach of release on licence","content":"304 Arrest without warrant—breach of release on licence\ngrounds, that an offender has breached any of the offender’s release\n(3) If the police officer arrests the offender, the police officer must, as\n","sortOrder":350},{"sectionNumber":"305","sectionType":"section","heading":"Arrest warrant—breach of release on licence obligations","content":"305 Arrest warrant—breach of release on licence obligations\nsatisfied by information on oath that there are reasonable grounds for\noffender’s release on licence obligations.\n(d) order the arrest of the offender and the bringing of the offender\nbefore the board.\n\n(3) A police officer who arrests the offender under the warrant, must, as\n","sortOrder":351},{"sectionNumber":"306","sectionType":"section","heading":"Board inquiry—review of release on licence","content":"306 Board inquiry—review of release on licence\n(1) The board may, at any time, conduct an inquiry to review the\noffender’s release on licence.\n(2) Without limiting subsection (1), the board may conduct an inquiry to\nconsider—\n(a) whether release on licence continues to be appropriate for the\noffender having regard to any change in circumstances affecting\nthe offender; or\n(b) whether the offender has breached any of the offender’s release\n(3) The board may conduct the inquiry—\n(b) on application by the offender or the director-general.\n(4) If the offender is arrested under section 304 (Arrest without\nwarrant—breach of release on licence obligations) or section 305\n(Arrest warrant—breach of release on licence obligations), the board\nmust review the offender’s release on licence as soon as practicable.\n\n","sortOrder":352},{"sectionNumber":"307","sectionType":"section","heading":"Board inquiry—notice of review of release on licence","content":"307 Board inquiry—notice of review of release on licence\n(1) Before starting an inquiry under section 306 in relation to an offender,\nsubmissions to the board by a stated date for the inquiry.\n","sortOrder":353},{"sectionNumber":"308","sectionType":"section","heading":"Board powers—review of release on licence","content":"308 Board powers—review of release on licence\n(1) After conducting an inquiry under section 306 (Board inquiry—\nreview of release on licence) to review an offender’s release on\nlicence, the board may do 1 or more of the following:\noffender’s release on licence obligations;\n(d) change the offender’s release on licence obligations by imposing\na condition on the licence or amending a condition imposed on\nthe licence by the Executive;\n(e) cancel the offender’s licence.\nExamples of conditions for par (d)\n1 a condition prohibiting association with a particular person or being near a\n2 a condition that the offender participates in an activity\n\n(2) A condition imposed or amended under subsection (1) (d) must not\nbe inconsistent with a core condition of the licence.\n","sortOrder":354},{"sectionNumber":"309","sectionType":"section","heading":"Release on licence—automatic cancellation of licence for","content":"309 Release on licence—automatic cancellation of licence for\nACT offence\n(1) This section applies if, while an offender’s licence is in force, the\noffender is convicted or found guilty by a court of an offence against\na territory law that is punishable by imprisonment.\n(2) The licence is automatically cancelled when the offender is convicted\nor found guilty of the offence.\nNote The court must make an order under s 312 (Cancellation of licence—\nrecommittal to full-time detention).\n","sortOrder":355},{"sectionNumber":"310","sectionType":"section","heading":"Release on licence—cancellation of licence for non-ACT","content":"310 Release on licence—cancellation of licence for non-ACT\noffence\n(1) This section applies if, while an offender’s licence is in force, the\nboard decides that the offender has been convicted or found guilty\nof—\n(a) an offence against a law of the Commonwealth, a State or\nanother Territory that is punishable by imprisonment; or\n(b) an offence outside Australia against a law of a place outside\nAustralia that, if it had been committed in Australia, would be\npunishable by imprisonment;\n(2) Without limiting section 308 (Board powers—review of release on\nlicence), the board must cancel the offender’s licence as soon as\npracticable under that section.\n\n","sortOrder":356},{"sectionNumber":"311","sectionType":"section","heading":"Release on licence—notice of board’s decision on review","content":"311 Release on licence—notice of board’s decision on review\n(1) The board must give written notice of a decision under section 308\n(Board powers—review of release on licence) in relation to an\noffender to each of the following:\n(2) If the decision is to cancel the offender’s licence, the notice of the\ndecision must state where and when the offender must report for full-\ntime detention because of the cancellation.\n(3) The notice must include—\n(a) the board’s reasons for the decision; and\n(b) the date when the decision takes effect.\n(4) The director-general may also give notice of the board’s decision to\nany other entity the director-general considers appropriate.\n(5) If the decision is to cancel the offender’s licence, the board must also\ntake reasonable steps to give each relevant victim under section 298\n(Release on licence—notice of Executive decision) notice of the\ncancellation.\n","sortOrder":357},{"sectionNumber":"312","sectionType":"section","heading":"Cancellation of licence—recommittal to full-time","content":"312 Cancellation of licence—recommittal to full-time\ndetention\n(1) This section applies if the board cancels an offender’s licence.\n(2) The board must order that the offender be placed in the\ndirector-general’s custody to serve the remainder of the offender’s\nsentence by imprisonment under full-time detention.\n\n(3) If the offender is not in lawful custody, the board may also issue a\nwarrant for the offender to be arrested and placed in the\ndirector-general’s custody.\n(4) The warrant must—\n(a) be in writing signed by a judicial member of the board; and\n(b) be directed to all escort officers or a named escort officer.\n(5) An escort officer who arrests the offender under this section must\n\nRemissions and pardons Part 13.2\n","sortOrder":358},{"sectionNumber":"Part 13","sectionType":"part","heading":"2 Remissions and pardons","content":"Part 13.2 Remissions and pardons\n","sortOrder":359},{"sectionNumber":"313","sectionType":"section","heading":"Remission of penalties","content":"313 Remission of penalties\nThe Executive may, in writing, remit partly or completely any of the\nfollowing in relation to a person convicted or found guilty of an\noffence:\n(a) a sentence of imprisonment;\n(b) a fine or other financial penalty;\n(c) a forfeiture of property.\n","sortOrder":360},{"sectionNumber":"314","sectionType":"section","heading":"Grant of pardons","content":"314 Grant of pardons\n(1) The Executive may, in writing, pardon a person in relation to an\noffence of which the person has been convicted or found guilty.\n(2) The pardon discharges the person from any further consequences of\nthe conviction or finding of guilt for the offence.\n","sortOrder":361},{"sectionNumber":"314A","sectionType":"section","heading":"Prerogative of mercy","content":"314A Prerogative of mercy\nThe prerogative of mercy is not affected by—\n• this Act\n• the Children and Young People Act 2008\n• the Corrections Management Act 2007\n• the Crimes (Sentencing) Act 2005.\n\n","sortOrder":362},{"sectionNumber":"Part 14","sectionType":"part","heading":"Community service work—","content":"Chapter 14 Community service work—\ngeneral\n","sortOrder":363},{"sectionNumber":"315","sectionType":"section","heading":"Definitions—ch 14","content":"315 Definitions—ch 14\n(1) In this Act:\ncommunity service work—see section 316.\n(2) In this chapter:\nperson involved, in community service work, includes each of the\nfollowing (other than an offender doing the work):\n(a) an entity for whose benefit the work is done;\n(b) an entity who directs or supervises the work;\n(c) an entity that owns or occupies the premises or land where the\nwork is done.\n","sortOrder":364},{"sectionNumber":"316","sectionType":"section","heading":"Meaning of community service work","content":"316 Meaning of community service work\n(1) Community service work includes any of the following prescribed by\nregulation:\n(a) work;\n(b) community service programs.\nNote Power to make a statutory instrument (including a regulation) includes\npower to make different provision in relation to different matters or\ndifferent classes of matters, and to make an instrument that applies\ndifferently by reference to stated exceptions or factors (see Legislation\nAct, s 48).\n\nCommunity service work—general Chapter 14\n(2) If an offender who is subject to a community service order attends a\nprogram for therapy or education in accordance with the directions of\nthe director-general, the attendance at the program is taken to be\ncommunity service work.\nNote The number of hours of attendance at a program for therapy or education\nwhich may count toward the performance of a community service\ncondition is limited under—\n(a) if the condition forms part of an intensive correction order—s 48A;\nor\n(b) if the condition forms part of a good behaviour order—s 93A.\n","sortOrder":365},{"sectionNumber":"317","sectionType":"section","heading":"Protection from liability for people involved in community","content":"317 Protection from liability for people involved in community\n(1) A person involved in community service work is not civilly liable to\nsomeone (other than the offender doing the work) for conduct\nengaged in by the offender in doing the work.\nNote A person may engage in conduct by omitting to do an act (see dict,\ndef conduct and def engage in).\n(2) A person involved in community service work is not civilly liable to\nthe offender for conduct engaged in by the person in relation to the\n(3) Any civil liability that would, apart from this section, attach to the\nperson involved attaches instead to the Territory.\n(4) However, subsections (1) and (2) do not apply if—\n(a) the community service work was not approved by the\ndirector-general; or\n(b) the conduct was intended (whether by itself or with other\nconduct) to cause injury, loss or damage.\n\n","sortOrder":366},{"sectionNumber":"318","sectionType":"section","heading":"Community service work not to displace employees","content":"318 Community service work not to displace employees\nThe director-general must not direct or allow an offender to do\ncommunity service work if the director-general believes, on\nreasonable grounds, that, in doing the work, the offender would take\nthe place of someone who would otherwise be employed to do the\n","sortOrder":367},{"sectionNumber":"319","sectionType":"section","heading":"No employment contract for community service work","content":"319 No employment contract for community service work\n(1) To remove any doubt, community service work, and any arrangement\nunder this Act or the Corrections Management Act 2007 in relation\nto community service work, is not taken to create a contract of\nemployment.\n(2) In particular, a contract of employment is not taken to exist between\nthe following in relation to community service work by an offender:\n(a) the offender and the Territory;\n(b) the offender and a person involved in the work;\n(c) the Territory and a person involved in the work.\n","sortOrder":368},{"sectionNumber":"320","sectionType":"section","heading":"Community service work—work health and safety","content":"320 Community service work—work health and safety\n(1) The director-general must ensure, as far as practicable, that the\nconditions for doing community service work comply with\nrequirements under the Work Health and Safety Act 2011 in relation\nto work by workers.\n(2) In particular, the director-general must ensure that arrangements for\nan offender do to community service work take account, as far as\npracticable, of the need—\n(a) to secure the health, safety and welfare of the offender; and\n(b) to protect people at or near community service work workplaces\nfrom risks to health or safety arising out of the activities of the\n\nCommunity service work—general Chapter 14\n(3) A regulation may provide for the application of the Work Health and\nSafety Act 2011 in relation to community service work, including\nmodifications of the Act in its application in relation to an offender\ndoing community service work.\n\n","sortOrder":369},{"sectionNumber":"Part 14A","sectionType":"part","heading":"Sentence administration—","content":"Chapter 14A Sentence administration—\nyoung offenders\n","sortOrder":370},{"sectionNumber":"320A","sectionType":"section","heading":"Purpose—ch 14A","content":"320A Purpose—ch 14A\n(1) The purpose of this chapter is to set out particular provisions that\napply to administration of sentences of young offenders.\n(2) Except as provided in this chapter or otherwise in this Act, this Act\napplies to young offenders in the same way as it applies to other\noffenders.\nNote See dict, def offender (it includes a young offender).\n","sortOrder":371},{"sectionNumber":"320B","sectionType":"section","heading":"Youth justice principles to be considered","content":"320B Youth justice principles to be considered\n(1) An entity exercising a function under this Act in relation to a CYP\nyoung offender must consider the youth justice principles when\ndealing with the offender.\nCYP young offender means—\n(a) a young offender serving a sentence of imprisonment at a\ndetention place; or\n(b) a young offender serving a sentence (other than a sentence of\nimprisonment)—\n(i) who is under 18 years old; or\n(ii) who is over 18 years old but for whom the director-general\nresponsible for administering the Children and Young\nPeople Act 2008 is responsible in accordance with a\ndecision under section 320F (Young offenders—\nadministration of sentences other than imprisonment).\n\nSentence administration—young offenders Chapter 14A\nGeneral Part 14A.1\nyouth justice principles—see the Children and Young People\nAct 2008, section 94.\n","sortOrder":372},{"sectionNumber":"320C","sectionType":"section","heading":"Young offenders and remandees—references to","content":"320C Young offenders and remandees—references to\ncorrectional centre and Corrections Management Act\n(1) A reference in part 4.2 (Serving full-time detention) to a correctional\ncentre or an ACT correctional centre is, in relation to a CYP young\noffender, a reference to a detention place under the Children and\nYoung People Act 2008.\n(2) A reference in this Act to the Corrections Management Act 2007 is,\nin relation to a young offender in detention under the Children and\nYoung People Act 2008 or a young remandee, a reference to the\nChildren and Young People Act 2008.\nCYP young offender means a young offender required under the\nCrimes (Sentencing) Act 2005, section 133H to serve his or her\nsentence of imprisonment at a detention place.\n","sortOrder":373},{"sectionNumber":"320D","sectionType":"section","heading":"Young offenders and remandees—references to","content":"320D Young offenders and remandees—references to\ndirector-general\n(1) A reference in this Act to the director-general is, in relation to a\nfunction to be exercised in relation to a CYP young offender or a\nyoung remandee, a reference to the director-general responsible for\nthe Children and Young People Act 2008.\nCYP young offender—see section 320B (2).\n\n","sortOrder":374},{"sectionNumber":"320E","sectionType":"section","heading":"Young remandees—remand to be at detention place","content":"320E Young remandees—remand to be at detention place\n(1) This section applies (instead of section 18 (1)) to a young remandee.\n(2) The director-general must—\n(a) keep the young remandee in custody under full time detention\nunder this Act and the Children and Young People Act 2008\nunder the order for remand; and\n(b) return the young remandee to the remanding authority as\nordered by the remanding authority.\n","sortOrder":375},{"sectionNumber":"320F","sectionType":"section","heading":"Young offenders—administration of sentences other than","content":"320F Young offenders—administration of sentences other than\nimprisonment\n(1) This section applies to a young offender who is serving a sentence\n(other than a sentence of imprisonment) and becomes an adult.\n(2) The director-general responsible for this Act and the director-general\nresponsible for the Children and Young People Act 2008 must decide\nwhich of them is to be the administering director-general for the\n(3) If the administering director-general is the director-general\nresponsible for this Act, the person is dealt with under this Act in the\nsame way as an adult offender.\n(4) If the administering director-general is the director-general\nresponsible for the Children and Young People Act 2008, the person\ncontinues to be dealt with under this Act as a young offender.\n","sortOrder":376},{"sectionNumber":"320G","sectionType":"section","heading":"Young offenders—breach of good behaviour obligations","content":"320G Young offenders—breach of good behaviour obligations\n(1) If an authorised person believes on reasonable grounds that a young\noffender has breached any of the young offender’s good behaviour\nobligations, the authorised person may report the belief to the\n\nSentence administration—young offenders Chapter 14A\nGeneral Part 14A.1\n(2) The report must be—\n(a) in writing; and\n(b) accompanied by a copy of a written record in support of the\nauthorised person’s belief.\nauthorised person means an authorised person under the Children\nand Young People Act 2008.\nyoung offender does not include a young offender for whom the\ndirector-general responsible for this Act is responsible in accordance\nwith a decision under section 320F.\nNote Section 102 (Good behaviour—breach of good behaviour obligation)\napplies to these young offenders (see s 102 (8)).\n","sortOrder":377},{"sectionNumber":"320H","sectionType":"section","heading":"Sentencing court to deal with breaches","content":"320H Sentencing court to deal with breaches\n(a) a court imposed a sentence on a person as a young offender; and\n(b) the person is required to be dealt with by a court for a breach in\nrelation to the sentence.\n(2) The breach must be dealt with by the court that imposed the sentence,\nwhether or not the person is still under 18 years old.\n","sortOrder":378},{"sectionNumber":"320I","sectionType":"section","heading":"Young offenders—transfer","content":"320I Young offenders—transfer\nChapter 11 (Transfer of prisoners) does not apply to a young offender\nwho is subject to an ACT sentence of imprisonment unless the young\noffender is imprisoned in a correctional centre.\n","sortOrder":379},{"sectionNumber":"320J","sectionType":"section","heading":"Young offenders—transfer of community-based","content":"320J Young offenders—transfer of community-based\nChapter 12 (Transfer of community-based sentences) does not apply\nto a young offender who is under 18 years old (see section 262 (1)).\n\nPart 14A.2 Young offenders—accommodation orders\nPart 14A.2 Young offenders—\naccommodation orders\n320K Accommodation orders—contraventions\nA young offender in relation to whom an accommodation order is in\nforce contravenes the order if the young offender contravenes the\nreasonable lawful directions of—\n(a) if the order is to live at a place—the person in charge of the\nplace; or\n(b) if the order is to live with a person—the person.\n","sortOrder":380},{"sectionNumber":"320L","sectionType":"section","heading":"Accommodation orders—resentencing for breach","content":"320L Accommodation orders—resentencing for breach\n(1) This section applies if a young offender breaches an accommodation\norder, or a condition of an accommodation order, in force for the\nyoung offender.\n(2) The court may resentence the young offender for the offence in\nrelation to which the accommodation order was made.\n(3) In resentencing the young offender, the court must take into account\nthe following (in addition to any other matters the court considers\nshould be taken into account):\n(a) the fact that the accommodation order was made;\n(b) anything done under the order;\n(c) any other order made for the offence for which the\naccommodation order was made, and anything done under that\nother order.\n(4) In resentencing the young offender, the court must not impose a\npenalty that, when taken together with a penalty previously imposed\nfor the offence for which the accommodation order was made, is\ngreater than the maximum penalty the court could have imposed for\nthat offence.\n\n321 Director-general directions—general\n(1) For this Act, the director-general may give a direction to a person who\nis in the director-general’s custody under this Act.\n(2) Without limiting subsection (1), the director-general may give a\ndirection that the director-general considers necessary for any of the\n(a) the welfare or safe custody of the person or anyone else;\n(b) the security or good order of a correctional centre;\n(c) ensuring compliance with any requirement under this Act or any\nother territory law.\n(3) A direction may be given orally or in writing and may apply to a\nparticular person or 2 or more people.\n321AA Director-general to give information—detainees etc\nsubject to forensic mental health orders\n(1) This section applies if a forensic mental health order is in force in\nrelation to a detainee, a person released on parole, a person released\non licence or a person serving a community-based sentence.\n(2) The director-general must tell the director-general responsible for the\nMental Health Act 2015 in writing if the person stops being a\ndetainee, a person released on parole, a person released on licence or\na person serving a community-based sentence.\ncommunity-based sentence—see section 264.\ndetainee—see the Corrections Management Act 2007, section 6.\n\n","sortOrder":381},{"sectionNumber":"321A","sectionType":"section","heading":"Evidentiary certificates","content":"321A Evidentiary certificates\n(1) A certificate that appears to be signed by or for the director-general,\nand states any matter relevant to anything done or not done under this\nAct in relation to person, is evidence of the matter.\n(2) Without limiting subsection (1), a certificate under subsection (1)\nmay state any of the following:\n(a) that a stated person was, or was not subject to full-time detention\n(b) that a stated person was or was not in the director-general’s\ncustody on a stated day;\n(c) that a stated offender subject to full-time detention did not\ncomply with a stated obligation of the detention;\n(d) that a stated offender subject to an intensive correction order did\nnot comply with a stated obligation of the order;\n(e) that a stated offender’s release from imprisonment on a stated\nday was authorised by a parole order;\n(f) that a stated offender released from imprisonment on parole did\nnot comply with a stated condition of the parole;\n(g) that a stated offender’s release from imprisonment on a stated\nday was authorised by a licence;\n(h) that a stated offender released from imprisonment on licence did\nnot comply with a stated condition of the release;\n(i) that the director-general gave a stated direction to a stated person\n(j) that a stated person did not comply with a stated direction by the\ndirector-general on a stated day;\n(k) that a stated decision was made by the board on a stated date;\n\n(l) that a stated person did, or did not, occupy a position under this\nAct on a stated day;\n(m) that a stated instrument under this Act was, or was not, in force\n(n) that a stated instrument is a copy of an instrument made, given,\nissued or received under this Act.\n(3) A certificate that appears to be signed by or for the director-general,\nand states any matter prescribed by regulation for this section, is\nevidence of the stated matter.\n(4) A certificate mentioned in subsection (1) or (2) may state a matter by\nreference to a date or period.\n(5) A certificate of the results of the analysis of a substance under this\nAct, signed by an analyst, is evidence of the facts stated in the\ncertificate.\n(6) A court must accept a certificate or other document mentioned in this\nsection as proof of the matters stated in it if there is no evidence to\nthe contrary.\n(7) However, the following certificates must not be admitted in evidence\nby a court unless the court is satisfied that reasonable efforts have\nbeen made to serve a copy of the certificate on the person concerned:\n(a) a certificate about a matter mentioned in subsection (2) (c), (d)\nor (f) or (h) to (j);\n(b) a certificate mentioned in subsection (5).\n(8) The director-general may appoint analysts for this Act.\nNote 2 In particular, a person may be appointed for a particular provision of a\nlaw (see Legislation Act, s 7 (3)) and an appointment may be made by\nnaming a person or nominating the occupant of a position (see s 207).\n\n(9) An appointment under subsection (8) is a notifiable instrument.\n(10) In this section:\nanalyst means a person who is appointed as an analyst under\nsubsection (8).\n","sortOrder":382},{"sectionNumber":"322","sectionType":"section","heading":"Criminology or penology research","content":"322 Criminology or penology research\napproved researcher—a person is an approved researcher if the\ndirector-general approves the conduct of research by the person under\nthis section.\ndivulge includes communicate.\nprotected information means information about a person (the\nprotected person) that—\n(a) is disclosed to, or obtained by, an approved researcher because\nthe director-general approves the conduct of research by the\nperson under this section; and\n(b) identifies the protected person or would allow the identity of the\nprotected person to be worked out.\nresearch means research in relation to criminology or penology,\nincluding—\n(a) the administration (including the operation and management) of\ncorrectional centres; and\n(b) services provided to a person in the director-general’s custody\nunder this Act or the Corrections Management Act 2007.\n(2) A person may apply to the director-general for approval to conduct\nresearch that involves the person obtaining access to—\n(a) information or facilities administered by the director-general; or\n(b) a person exercising a function under this Act; or\n\n(c) a person in custody, or being supervised, under this Act or the\nCorrections Management Act 2007.\n(3) In deciding whether to approve the conduct of research by the person,\nthe director-general may have regard to any recommendation made\nby an ethics committee established by the director-general.\n(4) If the director-general approves the conduct of research by the person,\nthe director-general may—\n(a) give the approval subject to conditions (including conditions\nabout the purposes for which the research may be used); and\n(b) give access to information, facilities or people in any way the\ndirector-general considers appropriate.\n(5) A person who is or has been an approved researcher commits an\noffence if the person contravenes a condition of the person’s approval\nunder this section.\nMaximum penalty: 50 penalty units.\n(6) A person who is or has been an approved researcher commits an\noffence if the person—\n(a) does something that divulges protected information about\nsomeone else; and\n(b) is reckless about whether—\n(i) the information is protected information about someone\nelse; and\n(ii) doing the thing would result in the information being\ndisclosed.\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\nboth.\n(7) Subsection (6) does not apply to the divulging of protected\ninformation with the person’s consent.\n\n","sortOrder":383},{"sectionNumber":"323","sectionType":"section","heading":"Determination of fees","content":"323 Determination of fees\n(1) The Minister may determine fees for this Act.\n(2) A determination is a disallowable instrument.\n","sortOrder":384},{"sectionNumber":"324","sectionType":"section","heading":"Approved forms","content":"324 Approved forms\n(1) The Minister may approve forms for this Act (other than forms for\nuse in or in relation to a court).\nNote Forms for use in relation to courts may be approved under the Court\nProcedures Act 2004, s 8.\n(2) If the Minister approves a form for a particular purpose, the approved\nform must be used for that purpose.\n(3) An approved form is a notifiable instrument.\n","sortOrder":385},{"sectionNumber":"325","sectionType":"section","heading":"Regulation-making power","content":"325 Regulation-making power\n(1) The Executive may make regulations for this Act.\n(2) A regulation may apply, adopt or incorporate an instrument as in force\nfrom time to time.\nNote 1 The text of an applied, adopted or incorporated instrument, whether\napplied as in force from time to time or as at a particular time, is taken to\nbe a notifiable instrument if the operation of the Legislation Act, s 47 (5)\nor (6) is not disapplied (see s 47 (7)).\nNote 2 A reference to an instrument includes a reference to a provision of an\ninstrument (see Legislation Act, s 14 (2)).\n(3) A regulation may create offences and fix maximum penalties of not\nmore than 30 penalty units for the offences.\n\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• bankrupt or personally insolvent\n• breach\n• chief police officer\n• correctional centre\n• corrections officer\n• detention place\n• director-general (see s 163)\n• director of public prosecutions\n• document\n• entity\n• Executive\n• fail\n• found guilty\n• function\n• head of service\n• judge\n• lawyer\n• legal practitioner\n• magistrate\n• may (see s 146)\n• Minister (see s 162)\n• must (see s 146)\n• NSW correctional centre\n• police officer\n• public servant\n• State\n• under.\n\naccommodation order—see the Crimes (Sentencing) Act 2005,\nsection 133Y.\nactivity includes education, counselling, personal development and\ntreatment activities and programs.\nACT prisoner, for part 11.1 (Interstate transfer of prisoners)—see\nACT sentence of imprisonment, for part 11.1 (Interstate transfer of\nadditional condition means—\n(a) of an offender’s intensive correction order—see section 40; or\n(b) of an offender’s good behaviour order—see section 84; or\n(c) of an offender’s parole order—see section 117.\nadministrative fee, for chapter 6A (Court imposed fines)––see\napplication, for parole—see section 117.\narrest warrant, for a person, for part 11.1 (Interstate transfer of\nat, in relation to a correctional centre, includes in the correctional\ncentre.\nboard means the Sentence Administration Board established under\nsection 171.\nchair means the chair of the board.\ncombination sentence—see the Crimes (Sentencing) Act 2005,\nsection 29 (1) (Combination sentences—offences punishable by\nimprisonment) and section 30 (1) (Combination sentences—offences\npunishable by fine).\ncommittal order, for part 3.1 (Imprisonment)—see section 10.\ncommitting authority, for part 3.1 (Imprisonment)—see section 10.\n\nCommonwealth Act, for part 11.2 (International transfer of\nprisoners)—see section 254.\ncommonwealth sentence of imprisonment, for part 11.1 (Interstate\ntransfer of prisoners)—see section 217.\ncommunity-based sentence, for chapter 12 (Transfer of\ncommunity-based sentences)—see section 264.\ncommunity service condition, of a good behaviour order for an\noffender—see the Crimes (Sentencing) Act 2005, section 85.\ncommunity service work—see section 316.\nconduct means an act or an omission to do an act.\ncontagious disease means—\n(a) a transmissible notifiable condition under the Public Health\nAct 1997; or\n(b) a disease or medical condition prescribed by regulation.\ncore condition means—\n(a) of an offender’s intensive correction order—see section 40; or\n(b) of an offender’s good behaviour order—see section 84; or\n(c) of an offender’s parole order—see section 117; or\n(d) of an offender’s licence—see section 289.\ncorresponding ACT court, in relation to a court of a participating\nstate, for part 11.1 (Interstate transfer of prisoners)—see section 217.\ncorresponding community-based sentence law, for chapter 12\n(Transfer of community-based sentences)—see section 267.\ncorresponding Minister, of a participating state, for part 11.1\n(Interstate transfer of prisoners)—see section 217.\ncorresponding parole law, for part 7.6 (Interstate transfer of parole\norders)—see section 162.\n\ndefault, for chapter 6A (Court imposed fines)––see section 116A.\ndefault imprisonment, for part 11.1 (Interstate transfer of\ndefault notice, for chapter 6A (Court imposed fines)––see\ndeputy chair means a deputy chair of the board.\ndesignated authority, for a State or another Territory, for part 7.6\n(Interstate transfer of parole orders)—see section 162.\ndrug—see the Corrections Management Act 2007, section 132.\ndrug and alcohol treatment order—see the Crimes (Sentencing)\nAct 2005, section 12A.\nearnings redirection order, for chapter 6A (Court imposed fines)––\nsee section 116Y (2).\nenforcement officer, for chapter 6A (Court imposed fines)––see\nengage in conduct means—\n(a) do an act; or\n(b) omit to do an act.\nescort officer—see the Corrections Management Act 2007,\nexamination hearing, for chapter 6A (Court imposed fines)––see\nexamination notice, for chapter 6A (Court imposed fines)––see\nsection 116P.\nexamination warrant, for chapter 6A (Court imposed fines)––see\nsection 116R.\n\nfamily violence offence, for part 7.5A (Parole time credit)—see\nfine, for chapter 6A (Court imposed fines)––see section 116A.\nfine defaulter, for chapter 6A (Court imposed fines)––see\nfine enforcement order, for chapter 6A (Court imposed fines)––see\nfrisk search—see the Corrections Management Act 2007, dictionary.\nfull-time detainee, for chapter 4 (Full-time detention)––see\nsection 22 (1).\ngood behaviour obligations, for chapter 6 (Good behaviour orders)—\nsee section 84.\ngood behaviour order—see the Crimes (Sentencing) Act 2005,\nsection 13.\nGovernor, of a participating state, for part 11.1 (Interstate transfer of\nhearing means a hearing for an inquiry under part 9.2.\nindeterminate sentence, for part 11.1 (Interstate transfer of\ninquiry—see section 193.\nintensive correction assessment, for chapter 5 (Intensive correction\norders)—see section 40.\nintensive correction order—see the Crimes (Sentencing) Act 2005,\nsection 11.\n\ninterested person—\n(a) for an offender’s good behaviour order—see section 84; and\n(b) for an offender’s intensive correction order—see section 40.\ninterstate authority, for chapter 12 (Transfer of community-based\nsentences)—see section 268.\ninterstate jurisdiction, for chapter 12 (Transfer of community-based\nsentences)—see section 265.\ninterstate law, for part 11.1 (Interstate transfer of prisoners)—see\ninterstate sentence, for chapter 12 (Transfer of community-based\nsentences)—see section 266 (2).\ninterstate sentence of imprisonment, for part 11.1 (Interstate transfer\nof prisoners)—see section 217.\njoint prisoner, for part 11.1 (Interstate transfer of prisoners)—see\njudicial member, of the board, means the chair or a deputy chair.\njurisdiction, for chapter 12 (Transfer of community-based\nsentences)—see section 265 (1).\nlaw enforcement agency—see the Spent Convictions Act 2000,\ndictionary, and includes an entity prescribed by regulation for this\ndefinition.\nlicence—see section 289.\nlicence release date, for an offender—see section 289.\nlocal authority, for chapter 12 (Transfer of community-based\nsentences)—see section 268.\nlocal register, for chapter 12 (Transfer of community-based\nsentences)—see section 271.\n\nlocal sentence, for chapter 12 (Transfer of community-based\nsentences)—see section 266 (1).\nmember, of the board, includes the chair and a deputy chair.\nnon-ACT family violence offence, for part 7.5A (Parole time\ncredit)—see section 161B.\nnon-ACT offence—see section 117.\nnon-association order—see the Crimes (Sentencing) Act 2005,\nsection 21.\nnon-judicial member, of the board, means a member other than the\nchair or a deputy chair.\nnonparole period—\n(a) see the Crimes (Sentencing) Act 2005, dictionary; and\n(b) for a full-time detainee whose nonparole period is subject to\nreduction or remission under a NSW law—includes the\nnonparole period less the period of reduction or remission.\nNote Reduction or remission under a NSW law may apply to full-time\ndetainees serving sentences at a NSW correctional centre\n(see s 36 (2) (b)).\nnon-participating territory, for part 11.1 (Interstate transfer of\nnon-serious offence, for part 7.5A (Parole time credit)—see\n(a) means a person convicted or found guilty of an offence by a\ncourt, and includes a young offender; but\n(b) for chapter 4 (Full-time detention)—see section 22; and\n(c) for a community-based sentence, for chapter 12 (Transfer of\ncommunity-based sentences)—see section 263.\n\norder of transfer, for part 11.1 (Interstate transfer of prisoners)—see\nordinary parole application—see section 121.\noriginating jurisdiction, for a community based sentence, for\nchapter 12 (Transfer of community-based sentences)—see\nsection 263.\noutstanding fine, in relation to a person, for chapter 6A (Court\nimposed fines)––see section 116A.\nparole eligibility date, for an offender, means the day the offender’s\nnonparole period ends.\nparole obligations, of an offender—see section 117.\nparole offence, of an offender, for part 7.5A (Parole time credit)—\nsee section 161A (a).\nparole order means—\n(a) for this Act—see section 117; but\n(b) for part 7.6 (Interstate transfer of parole orders)—see\nsection 162.\nparole release date—see section 117.\nparole sentence, of an offender, for part 7.5A (Parole time credit)—\nsee section 161B.\nparole time credit, of an offender, for part 7.5A (Parole time credit)—\nsee section 161B.\nparticipating jurisdiction, for chapter 12 (Transfer of\ncommunity-based sentences)—see section 265.\nparticipating state, for part 11.1 (Interstate transfer of prisoners)—\nsee section 217.\npenalty notice, for chapter 6A (Court imposed fines)––see\n\nperson involved, in community service work, for chapter 14\n(Community service work—general)—see section 315 (2).\nplace restriction order—see the Crimes (Sentencing) Act 2005,\nsection 21.\npolice officer includes a member of a police force or service of a\nState.\nNote State includes the Northern Territory (see Legislation Act, dict, pt 1)\npositive, for a test sample—see the Corrections Management\nAct 2007, dictionary.\nprison, for part 11.1 (Interstate transfer of prisoners)—see\nprisoner, for part 11.1 (Interstate transfer of prisoners)—see\nprison officer, for part 11.1 (Interstate transfer of prisoners)—see\nproperty seizure order, for chapter 6A (Court imposed fines)––see\nsection 116ZA.\nrecommitted, for an offender—see section 23.\nregister, for part 7.6 (Interstate transfer of parole orders)—see\nsection 162.\nregistered victim, of an offender, means—\n(a) for chapter 7 (Parole)—see section 118A; or\n(b) for this Act—see section 213.\nregistrar, for chapter 6A (Court imposed fines)––see section 116A.\nregistration criteria, for chapter 12 (Transfer of community-based\nsentences)—see section 276.\n\nrehabilitation program condition—\n(a) of a good behaviour order for an offender, for this Act\ngenerally—see the Crimes (Sentencing) Act 2005, section 93;\nand\n(b) of an intensive correction order for an offender, for chapter 5—\nsee the Crimes (Sentencing) Act 2005, section 80G.\nrelease date, for an offender for a sentence—see section 23 (1).\nrelease on licence obligations, of an offender—see section 289.\nrelease on parole, for part 11.1 (Interstate transfer of prisoners)—see\nrelevant security, for part 11.1 (Interstate transfer of prisoners)—see\nremandee means—\n(a) a person remanded in custody by a remanding authority; but\n(b) for chapter 4 (Full-time detention)—see section 22.\nremanding authority—see section 15.\nreminder notice, for chapter 6A (Court imposed fines)––see\nremission instrument, for part 11.1 (Interstate transfer of\nsecretary, of the board, means the secretary of the board under\nsection 191.\n\nsentence means—\n(a) for the Act—\n(i) when used as a noun—the penalty imposed for an offence;\nor\n(ii) when used as a verb—to impose a penalty for an offence;\nbut\n(b) for chapter 12 (Transfer of community-based sentences)—see\nsection 263.\nsentence of imprisonment—\n(a) for part 7.6 (Interstate transfer of parole orders)—see\nsection 162; and\n(b) for part 11.1 (Interstate transfer of prisoners)—see section 218.\nsentencing court, for an offender under a sentence, means the court\nby which the sentence was first imposed, and includes that court\ndifferently constituted.\nserious drug offence, for part 7.5A (Parole time credit)—see\nserious non-ACT offence, for part 7.5A (Parole time credit)—see\nserious offence, for part 7.5A (Parole time credit)—see section 161B.\nserious violent offence, for part 7.5A (Parole time credit)—see\nserve a sentence, for chapter 12 (Transfer of community-based\nsentences)—see section 263.\n\nserved—a period of imprisonment is served when—\n(a) the person is discharged from the imprisonment; or\n(b) the person would have been discharged from the imprisonment\nif the person were not serving (or to serve) another sentence of\nsexual offence, for part 7.5A (Parole time credit)—see section 161B.\nspecial parole application—see section 121.\nsubject to a sentence of imprisonment, for part 11.1 (Interstate\ntransfer of prisoners)—see section 219.\nsupervisory functions, of the board—see section 180.\nsurety, for a good behaviour order—see the Crimes (Sentencing)\nAct 2005, dictionary.\nterm, of a sentence, includes the term as amended under a law of the\nACT (including this Act), the Commonwealth, a State or another\nTerritory.\nterritory entity, for chapter 6A (Court imposed fines)––see the\nAuditor-General Act 1996, dictionary.\ntest sample—see the Corrections Management Act 2007, dictionary.\nthis jurisdiction, for chapter 12 (Transfer of community-based\nsentences)—see section 265.\ntranslated sentence, for part 11.1 (Interstate transfer of prisoners)—\nsee section 217.\nvictim, of an offender, means—\n(a) for chapter 7 (Parole)—see section 118A; or\n(b) for this Act—see section 214.\nvoluntary community work order, for chapter 6A (Court imposed\nfines)––see section 116ZE.\n\nyoung fine defaulter, for chapter 6A (Court imposed fines)––see\nyoung offender means a person who—\n(a) has been convicted or found guilty of an offence by a court; and\n(b) was under 18 years old when the offence was committed.\nyoung remandee means a remandee—\n(a) who is under 18 years old; or\n(b) who is over 18 years old but under 21 years old and is on remand\nin relation to an offence alleged to have been committed when\nhe or she was under 18 years old.\n\n1 About the endnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nCrimes (Sentence Administration) Act 2005 A2005-59\nnotified LR 2 December 2005\ns 1, s 2 commenced 2 December 2005 (LA s 75 (1))\nremainder commenced 2 June 2006 (s 2 and see Crimes (Sentencing)\nAct 2005 A2005-58, s 2 and LA s 79)\nSentencing Legislation Amendment Act 2006 A2006-23 sch 1 pt 1.12\nnotified LR 18 May 2006\ns 1, s 2 commenced 18 May 2006 (LA s 75 (1))\nsch 1 pt 1.12 commenced 2 June 2006 (s 2 (1) and see Crimes\n(Sentence Administration) Act 2005 A2005-59 s 2, Crimes\n(Sentencing) Act 2005 A2005-58, s 2 and LA s 79)\nas modified by\nCrimes (Sentence Administration) Regulation 2006 SL2006-23 sch 1\n(as am by SL2006-26 s 5, SL2007-13 ss 5-8, SL2007-34 s 5)\ntaken to have been notified LR 18 May 2006 (A2006-23, s 5 (3) (a))\ns 1 taken to have commenced 18 May 2006 (LA s 75 (1))\nsch 1 commenced 2 June 2006 (A2006-23 s 5 (3) (b) and see Crimes\n(Sentence Administration) Act 2005 A2005-59 s 2, Crimes\n(Sentencing) Act 2005 A2005-58, s 2 and LA s 79)\nCrimes (Sentence Administration) Amendment Regulation 2006\n(No 1) SL2006-26 s 5\nnotified LR 1 June 2006\ns 1, s 2 commenced 1 June 2006 (LA s 75 (1))\ns 5 commenced 2 June 2006 (s 2 and see Crimes (Sentencing)\nAct 2005 A2005-58, s 2 and LA s 79)\n\nCrimes (Sentence Administration) Amendment Regulation 2007\n(No 1) SL2007-13 ss 5-8\nnotified LR 31 May 2007\ns 1, s 2 commenced 31 may 2007 (LA s 75 (1))\nss 5-8 commenced 1 June 2007 (s 2)\nCorrections Management Act 2007 A2007-15 sch 1 pt 1.3\nnotified LR 18 June 2007\ns 1, s 2 commenced 18 June 2007 (LA s 75 (1))\ns 230 commenced 1 August 2007 (LA s 75AA)\nsch 1 pt 1.3 commenced 1 August 2007 (s 2 and CN2007-6)\nas modified by\nCrimes (Sentence Administration) Amendment Regulation 2007\n(No 2) SL2007-34 s 5\nnotified LR 19 October 2007\ns 1, s 2 commenced 19 October 2007 (LA s 75 (1))\ns 5 commenced 20 October 2007 (s 2)\nJustice and Community Safety Legislation Amendment Act 2008\nA2008-7 sch 1 pt 1.7\nnotified LR 16 April 2008\ns 1, s 2 commenced 16 April 2008 (LA s 75 (1))\nsch 1 pt 1.7 commenced 7 May 2008 (s 2)\nChildren and Young People Act 2008 A2008-19 sch 1 pt 1.4\nnotified LR 17 July 2008\ns 1, s 2 commenced 17 July 2008 (LA s 75 (1))\nsch 1 pt 1.4 commenced 27 February 2009 (s 2 and CN2008-17 (and\nsee CN2008-13))\n\nChildren and Young People (Consequential Amendments) Act 2008\nA2008-20 sch 1 pt 1.3, sch 3 pt 3.9, sch 4 pt 4.11\nnotified LR 17 July 2008\ns 1, s 2 commenced 17 July 2008 (LA s 75 (1))\ns 3 commenced 18 July 2008 (s 2 (1))\nsch 1 pt 1.3, sch 4 pt 4.11 commenced 27 February 2009 (s 2 (5) and\nsee Children and Young People Act 2008 A2008-19, s 2 and\nCN2008-17 (and see CN2008-13))\nsch 3 pt 3.9 commenced 27 October 2008 (s 2 (4) and see Children\nand Young People Act 2008 A2008-19, s 2 and CN2008-13)\nStatute Law Amendment Act 2008 A2008-28 sch 3 pt 3.20\nnotified LR 12 August 2008\ns 1, s 2 commenced 12 August 2008 (LA s 75 (1))\nsch 3 pt 3.20 commenced 26 August 2008 (s 2)\nJustice and Community Safety Legislation Amendment Act 2009\nA2009-7 sch 1 pt 1.3\nnotified LR 5 March 2009\ns 1, s 2 commenced 5 March 2009 (LA s 75 (1))\nsch 1 pt 1.3 commenced 6 March 2009 (s 2 (3))\nCrimes Legislation Amendment Act 2009 A2009-24 sch 1 pt 1.4\nnotified LR 3 September 2009\ns 1, s 2 commenced 3 September 2009 (LA s 75 (1))\nsch 1 pt 1.4 commenced 4 September 2009 (s 2)\nWork Safety Legislation Amendment Act 2009 A2009-28 sch 2 pt 2.4\nnotified LR 9 September 2009\ns 1, s 2 commenced 9 September 2009 (LA s 75 (1))\nsch 2 pt 2.4 commenced 1 October 2009 (s 2 and see Work Safety\nAct 2008 A2008-51, s 2 (1) (b) and CN2009-11)\nCrimes (Sentence Administration) Amendment Act 2010 A2010-21\nnotified LR 30 June 2010\ns 1, s 2 commenced 30 June 2010 (LA s 75 (1))\nremainder commenced 1 July 2010 (s 2)\n\nJustice and Community Safety Legislation Amendment Act 2010\n(No 2) A2010-30 sch 1 pt 1.6\nnotified LR 31 August 2010\ns 1, s 2 commenced 31 August 2010 (LA s 75 (1))\ns 3 commenced 1 September 2010 (s 2 (1))\nsch 1 pt 1.6 commenced 28 September 2010 (s 2 (2))\nJustice and Community Safety Legislation Amendment Act 2010\n(No 3) A2010-40 sch 2 pt 2.6\nnotified LR 5 October 2010\ns 1, s 2 commenced 5 October 2010 (LA s 75 (1))\ns 3 commenced 6 October 2010 (s 2 (1))\nsch 2 pt 2.6 commenced 2 November 2010 (s 2 (2))\nAdministrative (One ACT Public Service Miscellaneous Amendments)\nAct 2011 A2011-22 sch 1 pt 1.44\nnotified LR 30 June 2011\ns 1, s 2 commenced 30 June 2011 (LA s 75 (1))\nsch 1 pt 1.44 commenced 1 July 2011 (s 2 (1))\nJustice and Community Safety Legislation Amendment Act 2011\n(No 2) A2011-27 sch 1 pt 1.4\nnotified LR 30 August 2011\ns 1, s 2 taken to have commenced 29 July 2008 (LA s 75 (2))\nsch 1 pt 1.4 commenced 13 September 2011 (s 2 (1))\nEvidence (Consequential Amendments) Act 2011 A2011-48 sch 1\npt 1.14\nnotified LR 22 November 2011\ns 1, s 2 commenced 22 November 2011 (LA s 75 (1))\nsch 1 pt 1.14 commenced 1 March 2012 (s 2 (1) and see Evidence\nAct 2011 A2011-12, s 2 and CN2012-4)\nJustice and Community Safety Legislation Amendment Act 2011\n(No 3) A2011-49 sch 1 pt 1.2\nnotified LR 22 November 2011\ns 1, s 2 commenced 22 November 2011 (LA s 75 (1))\nsch 1 pt 1.2 commenced 23 November 2011 (s 2 (1))\n\nWork Health and Safety (Consequential Amendments) Act 2011\nA2011-55 sch 1 pt 1.5\nnotified LR 14 December 2011\ns 1, s 2 commenced 14 December 2011 (LA s 75 (1))\nsch 1 pt 1.5 commenced 1 January 2012 (s 2 and see Work Health\nand Safety Act 2011 A2011-35, s 2 and CN2011-12)\nCorrections and Sentencing Legislation Amendment Act 2011\nA2011-57 pt 3\nnotified LR 14 December 2011\ns 1, s 2 commenced 14 December 2011 (LA s 75 (1))\npt 3 commenced 15 December 2011 (s 2)\nJustice and Community Safety Legislation Amendment Act 2012\nA2012-13 sch 1 pt 1.4\nnotified LR 11 April 2012\ns 1, s 2 commenced 11 April 2012 (LA s 75 (1))\nsch 1 pt 1.4 commenced 12 April 2012 (s 2 (1))\nCorrections and Sentencing Legislation Amendment Act 2012\nA2012-34 pt 3\nnotified LR 15 June 2012\ns 1, s 2 commenced 15 June 2012 (LA s 75 (1))\npt 3 commenced 16 June 2012 (s 2 (1))\nStatute Law Amendment Act 2013 (No 2) A2013-44 sch 3 pt 3.4\nnotified LR 11 November 2013\ns 1, s 2 commenced 11 November 2013 (LA s 75 (1))\nsch 3 pt 3.4 commenced 25 November 2013 (s 2)\nCorrections and Sentencing Legislation Amendment Act 2014\nA2014-6 pt 4\nnotified LR 27 March 2014\ns 1, s 2 commenced 27 March 2014 (LA s 75 (1))\npt 4 commenced 28 March 2014 (s 2)\nMental Health (Treatment and Care) Amendment Act 2014 A2014-51\nsch 1 pt 1.5 (as am by A2015-38 amdt 2.54)\nnotified LR 12 November 2014\ns 1, s 2 commenced 12 November 2014 (LA s 75 (1))\nsch 1 pt 1.5 commenced 1 March 2016 (s 2 (as am by A2015-38\namdt 2.54))\n\nCrimes (Sentencing) Amendment Act 2014 A2014-58 sch 1 pt 1.2\nnotified LR 4 December 2014\ns 1, s 2 commenced 4 December 2014 (LA s 75 (1))\nsch 1 pt 1.2 commenced 5 December 2014 (s 2)\nCrimes Legislation Amendment Act 2015 A2015-3 pt 5\nnotified LR 2 March 2015\ns 1, s 2 commenced 2 March 2015 (LA s 75 (1))\npt 5 commenced 3 March 2015 (s 2 (1))\nStatute Law Amendment Act 2015 A2015-15 sch 3 pt 3.3\nnotified LR 27 May 2015\ns 1, s 2 commenced 27 May 2015 (LA s 75 (1))\nsch 3 pt 3.3 commenced 10 June 2015 (s 2)\nMental Health Act 2015 A2015-38 sch 2 pt 2.2, sch 2 pt 2.4 div 2.4.8\nnotified LR 7 October 2015\ns 1, s 2 commenced 7 October 2015 (LA s 75 (1))\nsch 2 pt 2.2 (amdt 2.54) commenced 8 October 2015 (s 2 (2))\nsch 2 pt 2.4 div 2.4.8 commenced 1 March 2016 (s 2 (1) and see\nMental Health (Treatment and Care) Amendment Act 2014 A2014-51,\ns 2 (as am by A2015-38 amdt 2.54))\nNote Sch 2 pt 2.2 (amdt 2.54) only amends the Mental Health\n(Treatment and Care) Amendment Act 2014 A2014-51\nStatute Law Amendment Act 2015 (No 2) A2015-50 sch 3 pt 3.12\nnotified LR 25 November 2015\ns 1, s 2 commenced 25 November 2015 (LA s 75 (1))\nsch 3 pt 3.12 commenced 9 December 2015 (s 2)\nCrimes (Sentencing and Restorative Justice) Amendment Act 2016\nA2016-4 pt 3\nnotified LR 24 February 2016\ns 1, s 2 commenced 24 February 2016 (LA s 75 (1))\npt 3 commenced 2 March 2016 (s 2 (1))\nVictims of Crime (Financial Assistance) Act 2016 A2016-12 sch 3\npt 3.3\nnotified LR 16 March 2016\ns 1, s 2 commenced 16 March 2016 (LA s 75 (1))\nsch 3 pt 3.3 commenced 1 July 2016 (s 2 (1) (a))\n\nFamily Violence Act 2016 A2016-42 sch 3 pt 3.7 (as am by A2017-10\ns 7)\nnotified LR 18 August 2016\ns 1, s 2 commenced 18 August 2016 (LA s 75 (1))\nsch 3 pt 3.7 commenced 1 May 2017 (s 2 (2) as am by A2017-10 s 7)\nCrimes (Serious and Organised Crime) Legislation Amendment\nAct 2016 A2016-48 pt 6\nnotified LR 23 August 2016\ns 1, s 2 commenced 23 August 2016 (LA s 75 (1))\npt 6 commenced 24 August 2016 (s 2 (1))\nPublic Sector Management Amendment Act 2016 A2016-52 sch 1\npt 1.18\nnotified LR 25 August 2016\ns 1, s 2 commenced 25 August 2016 (LA s 75 (1))\nsch 1 pt 1.18 commenced 1 September 2016 (s 2)\nCrimes Legislation Amendment Act 2017 A2017-6 pt 2\nnotified LR 20 February 2017\ns 1, s 2 commenced 20 February 2017 (LA s 75 (1))\npt 2 commenced 21 February 2017 (s 2)\nCrimes Legislation Amendment Act 2017 (No 2) A2017-9 pt 3\nnotified LR 5 April 2017\ns 1, s 2 commenced 5 April 2017 (LA s 75 (1))\npt 3 commenced 6 April 2017 (s 2)\nFamily and Personal Violence Legislation Amendment Act 2017\nA2017-10 s 7\nnotified LR 6 April 2017\ns 1, s 2 commenced 6 April 2017 (LA s 75 (1))\ns 7 commenced 30 April 2017 (s 2 (1))\nNote This Act only amends the Family Violence Act 2016\nA2016-42.\nCourts and Other Justice Legislation Amendment Act 2018 A2018-9\npt 7\nnotified LR 29 March 2018\ns 1, s 2 commenced 29 March 2018 (LA s 75 (1))\npt 7 commenced 26 April 2018 (s 2)\n\nSentencing Legislation Amendment Act 2018 A2018-43 pt 2\nnotified LR 8 November 2018\ns 1, s 2 commenced 8 November 2018 (LA s 75 (1))\npt 2 commenced 9 November 2018 (s 2)\nSentencing (Drug and Alcohol Treatment Orders) Legislation\nAmendment Act 2019 A2019-31 pt 5\nnotified LR 9 October 2019\ns 1, s 2 commenced 9 October 2019 (LA s 75 (1))\npt 5 commenced 3 December 2019 (s 2 (1) and CN2019-19)\nSentencing (Parole Time Credit) Legislation Amendment Act 2019\nA2019-45 pt 2\nnotified LR 6 December 2019\ns 1, s 2 commenced 6 December 2019 (LA s 75 (1))\npt 2 commenced 2 March 2020 (s 2 and CN2020-8)\nCOVID-19 Emergency Response Act 2020 A2020-11 sch 1 pt 1.3\nnotified LR 7 April 2020\ns 1, s 2 commenced 7 April 2020 (LA s 75 (1))\nsch 1 pt 1.3 commenced 8 April 2020 (s 2 (1))\nCOVID-19 Emergency Response Legislation Amendment Act 2020\nA2020-14 sch 1 pt 1.8\nnotified LR 13 May 2020\ns 1, s 2 taken to have commenced 30 March 2020 (LA s 75 (2))\nsch 1 pt 1.8 commenced 11 September 2020 (s 2 (4), CN2020-21 and\nLA s 77 (3))\nJustice Legislation Amendment Act 2020 A2020-42 pt 9\nnotified LR 27 August 2020\ns 1, s 2 commenced 27 August 2020 (LA s 75 (1))\ns 39 commenced 10 September 2020 (s 2 (1))\npt 9 remainder commenced 28 August 2020 (s 2 (9))\nCOVID-19 Emergency Response Legislation Amendment Act 2021\nA2021-1 sch 1 pt 1.6\nnotified LR 19 February 2021\ns 1, s 2 commenced 19 February 2021 (LA s 75 (1))\nsch 1 pt 1.6 commenced 20 February 2021 (s 2 (1))\n\nJustice and Community Safety Legislation Amendment Act 2021\nA2021-3 pt 8\nnotified LR 19 February 2021\ns 1, s 2 commenced 19 February 2021 (LA s 75 (1))\npt 8 commenced 26 February 2021 (s 2 (1))\nCrimes Legislation Amendment Act 2021 A2021-6 pt 5\nnotified LR 8 April 2021\ns 1, s 2 commenced 8 April 2021 (LA s 75 (1))\npt 5 commenced 9 April 2021 (s 2)\nStatute Law Amendment Act 2021 A2021-12 sch 3 pt 3.7\nnotified LR 9 June 2021\ns 1, s 2 commenced 9 June 2021 (LA s 75 (1))\nsch 3 pt 3.7 commenced 23 June 2021 (s 2 (1))\nWork Health and Safety Amendment Act 2021 A2021-19 sch 1 pt 1.3\nnotified LR 11 August 2021\ns 1, s 2 commenced 11 August 2021 (LA s 75 (1))\nsch 1 pt 1.3 commenced 11 November 2021 (s 2)\nCorrections and Sentencing Legislation Amendment Act 2023\nA2023-21 pt 2\nnotified LR 21 June 2023\ns 1, s 2 commenced 21 June 2023 (LA s 75 (1))\ns 18 commenced 22 September 2023 (s 2 (2) and CN2023-9)\npt 2 remainder commenced 22 June 2023 (s 2 (1))\nCrimes Legislation Amendment Act 2023 A2023-33 pt 3, sch 2 pt 2.4\nnotified LR 6 September 2023\ns 1, s 2 commenced 6 September 2023 (LA s 75 (1))\npt 3, sch 2 pt 2.4 commenced 13 September 2023 (s 2)\nSentencing (Drug and Alcohol Treatment Orders) Legislation\nAmendment Act 2023 A2023-40 pt 2\nnotified LR 8 November 2023\ns 1, s 2 commenced 8 November 2023 (LA s 75 (1))\npt 2 commenced 9 November 2023 (s 2)\n\nJustice and Community Safety Legislation Amendment Act 2023\n(No 2) A2023-42 pt 4\nnotified LR 8 November 2023\ns 1, s 2 commenced 8 November 2023 (LA s 75 (1))\npt 4 commenced 9 November 2023 (s 2)\nCrimes Legislation Amendment Act 2024 (No 2) A2024-16 pt 5\nnotified LR 19 April 2024\ns 1, s 2 commenced 19 April 2024 (LA s 75 (1))\npt 5 commenced 26 April 2024 (s 2 (1))\nCrimes (Sentence Administration) Amendment Act 2024 A2024-26\nnotified LR 19 June 2024\ns 1, s 2 commenced 19 June 2024 (LA s 75 (1))\nremainder commenced 26 June 2024 (s 2)\nStatute Law Amendment Act 2025 A2025-29 sch 3 pt 3.25, sch 4\npt 4.48\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 3 pt 3.25, sch 4 pt 4.48 commenced 16 November 2025 (s 2 (1),\n(9))\n\nCommencement\ns 2 om LA s 89 (4)\nMain object of Act\ns 6 am A2006-23 amdt 1.169\nTreatment of sentenced offenders\ns 7 am A2006-23 amdt 1.169; A2016-4 s 51\nTreatment of remandees\ns 8 am A2006-23 amdt 1.169\nTreatment of other people in custody\ns 9 am A2006-23 amdt 1.169; A2007-15 amdt 1.11\nApplication—pt 3.1\ns 10 am A2006-23 amdt 1.137, amdt 1.138; A2007-15 amdt 1.12;\nA2010-21 s 4\nnote 2 exp 2 June 2011 (s 352 (2))\nam A2016-4 s 52; pars renum R37 LA; A2020-42 s 33; pars\nrenum R52 LA\nEffect of committal order\ns 11 am A2011-22 amdt 1.141\nWarrant for imprisonment\ns 12 am A2011-22 amdt 1.141, amdt 1.142; A2025-29 amdt 4.48\nCustody of sentenced offender\ns 13 am A2006-23 amdt 1.169; A2011-22 amdt 1.141\nImprisonment not affected by want of proper warrant\ns 14 am A2006-23 amdt 1.169\nApplication—pt 3.2\ns 15 am A2006-23 amdt 1.139\nnote exp 2 June 2011 (s 352 (2))\nEffect of remand order\ns 16 am A2011-22 amdt 1.141\nWarrant for remand\ns 17 am A2011-22 amdt 1.141, amdt 1.142; A2012-13 amdt 1.19;\nA2025-29 amdt 4.48\nCustody of remandee\ns 18 am A2006-23 amdt 1.169; A2008-19 amdt 1.21; A2011-22\namdt 1.141; A2012-13 amdt 1.20\nRemand not affected by want of proper warrant\ns 19 am A2006-23 amdt 1.169\n\nDirections to escort officers\ns 20 am A2011-22 amdt 1.141\nOrders to bring offender or remandee before court etc\ns 21 am A2011-22 amdt 1.141, amdt 1.142\nApplication—ch 4\ns 22 am A2011-22 amdt 1.142\nDefinitions—ch 4\ns 23 def recommitted am A2011-22 amdt 1.142; A2016-4 s 53;\nA2020-42 s 34; pars renum R52 LA\nFull-time detention obligations\ns 24 am A2006-23 amdt 1.169; A2011-22 amdt 1.142\nFull-time detention—director-general directions\ns 25 hdg am A2011-22 amdt 1.141\ns 25 am A2011-22 amdt 1.141\nFull-time detention in ACT or NSW\ns 26 am A2006-23 amdt 1.140, amdt 1.141; A2009-7 amdt 1.5;\nA2011-22 amdt 1.141\nGuidelines—allocation of detainees to correctional centres\ns 27 am A2011-22 amdt 1.141; A2025-29 amdt 4.48\nWork and activities by full-time detainee\ns 28 am A2011-22 amdt 1.141\nCustody of full-time detainee—lawful absence from correctional centre\ns 29 am A2011-22 amdt 1.141, amdt 1.142\nEarly release of offender\ns 31 am A2011-22 amdt 1.141\nApplication—pt 4.3\ns 34 am A2011-22 amdt 1.141\nFull-time detention in NSW\ns 36 am A2006-23 amdt 1.169, amdt 1.170; A2007-15 amdt 1.13,\namdt 1.14\nFull-time detention—return from NSW\ns 37 am A2006-23 amdt 1.170; A2011-22 amdt 1.141, amdt 1.142\nIntensive correction orders\nch 5 hdg sub A2016-4 s 54\npt 5.1 hdg sub A2016-4 s 54\n\nApplication—ch 5\ns 39 am A2010-21 s 5; A2014-58 amdt 1.2\nDefinitions—ch 5\ns 40 sub A2016-4 s 54\ndef additional condition sub A2016-4 s 54\ndef community service condition ins A2016-4 s 54\ndef core condition sub A2016-4 s 54\ndef detention period om A2016-4 s 54\ndef finishing time om A2016-4 s 54\ndef intensive correction ins A2016-4 s 54\ndef intensive correction assessment ins A2016-4 s 54\ndef intensive correction order ins A2016-4 s 54\nsub A2020-42 s 35\ndef interested person ins A2016-4 s 54\ndef periodic detention om A2016-4 s 54\ndef periodic detention obligations om A2016-4 s 54\ndef periodic detention period om A2016-4 s 54\ndef rehabilitation program condition insA2016-4 s 54\ndef reporting day om A2016-4 s 54\ndef reporting place om A2016-4 s 54\ndef reporting time om A2016-4 s 54\nServing intensive correction\npt 5.2 hdg sub A2016-4 s 54\nIntensive correction order obligations\ns 41 am A2012-34 s 35\nPeriodic detention—effect on sentence of imprisonment\ns 41A ins A2011-57 s 8\nIntensive correction order—core conditions\ns 42 am A2006-23 amdt 1.169\nam A2016-48 s 25, s 26\nIntensive correction order—alcohol and drug tests\ns 43 am A2006-23 amdt 1.169; A2011-22 amdt 1.141\nIntensive correction order—end\ns 43A ins A2020-42 s 36\nIntensive correction order—community service work\npt 5.3 hdg sub A2016-4 s 54\n\nApplication—pt 5.3\ns 44 hdg am A2011-22 amdt 1.141\ns 44 am A2011-22 amdt 1.141\nIntensive correction orders—compliance with community service condition\ns 45 am A2006-23 amdt 1.169; A2011-22 amdt 1.141\nIntensive correction orders—community service work—director-general\ns 46 sub A2006-23 amdt 1.142\nam A2006-23 amdt 1.169; A2011-22 amdt 1.141\nIntensive correction orders—community service work—failure to report etc\ns 47 am A2011-22 amdt 1.142\nam A2024-26 s 4\nIntensive correction orders—community service work—failure to report etc—\ns 47A ins A2020-11 amdt 1.20\nIntensive correction orders—community service work—maximum daily\nhours\ns 48 sub A2016-4 s 54\nIntensive correction orders—community service work—therapy and\neducation program limit\ns 48A ins A2018-43 s 4\nIntensive correction orders—community service work—health disclosures\ns 49 am A2011-22 amdt 1.141\nIntensive correction orders—community service work—alcohol and drug\ntests\ns 50 am A2011-22 amdt 1.141\nIntensive correction orders—community service work—reports by entities\ns 51 am A2011-22 amdt 1.141\nIntensive correction order—rehabilitation programs\npt 5.4 hdg sub A2016-4 s 54\nBreach of periodic detention obligations\ndiv 5.4.1 hdg om A2016-4 s 54\n\nReview of decisions about performing periodic detention\ndiv 5.4.2 hdg om A2016-4 s 54\nPeriodic detention management\ndiv 5.4.3 hdg om A2016-4 s 54\nChange, suspension and cancellation of periodic detention\ndiv 5.4.4 hdg om A2016-4 s 54\nApplication—pt 5.4\ns 52 am A2011-22 amdt 1.141\nIntensive correction orders—rehabilitation program condition—compliance\ns 53 am A2011-22 amdt 1.141\nIntensive correction orders—rehabilitation programs—director-general\ns 54 sub A2016-4 s 54\nIntensive correction orders—rehabilitation program providers—reports by\nproviders\ns 55 am A2011-22 amdt 1.141; A2012-34 s 36\nIntensive correction order—curfew\npt 5.5 hdg ins A2016-4 s 54\nApplication—pt 5.5\ns 56 am A2011-22 amdt 1.141; A2011-57 s 9\nCompliance with curfew\ns 57 sub A2016-4 s 54\nPeriodic detention—offender in custody for other reasons\ns 57A ins A2012-34 s 37\nam A2014-6 s 10; A2015-38 amdt 2.74\nCurfew—directions\ns 58 am A2011-22 amdt 1.141\nam A2016-48 ss 27-29; ss renum R39 LA\nSupervising intensive correction orders\npt 5.6 hdg ins A2016-4 s 54\nIntensive correction orders—supervision\ndiv 5.6.1 hdg ins A2016-4 s 54\n\nCorrections officers to report breach of intensive correction order\ns 59 am A2011-22 amdt 1.141\nam A2021-6 s 10\nCorrections officer’s actions for breach of intensive correction order\nobligations—COVID-19 emergency\ns 59A ins A2020-14 amdt 1.47\nArrest without warrant—breach of intensive correction order obligations\ns 60 am A2011-22 amdt 1.141\nam A2021-6 s 11\nArrest warrant—breach of intensive correction order obligations\ns 61 am A2007-15 amdt 1.15; A2011-22 amdt 1.141\nam A2021-6 s 12, s 13\nIntensive correction orders—breach\ndiv 5.6.2 hdg ins A2016-4 s 54\nBoard inquiry—breach of intensive correction order obligations\ns 62 am A2006-23 amdt 1.169; A2011-22 amdt 1.141, amdt 1.142\nam A2020-14 amdt 1.48; A2021-6 s 14\n(2) (d) exp 29 September 2023 (s 322A)\nNotice of inquiry—breach of intensive correction order obligations\ns 63 am A2011-22 amdt 1.141, amdt 1.142\nam A2023-21 s 16, s 17\nBoard powers—breach of intensive correction order obligations\ns 64 sub A2016-4 s 54\nam A2020-11 amdt 1.21; A2021-6 s 15\n(3A) exp 29 September 2023 (s 322A)\nCancellation of intensive correction order on further conviction etc\ns 65 sub A2016-4 s 54\nam A2018-43 s 5; A2021-6 s 16, s 17; ss renum R58 LA\nCancellation of intensive correction order if offender withdraws consent\ns 66 am A2011-22 amdt 1.141\nSuspension and cancellation of intensive correction order\ndiv 5.6.3 hdg ins A2016-4 s 54\n\nApplication—div 5.6.3\ns 67 am A2011-22 amdt 1.141\nNotice of board decisions about intensive correction order\ns 68 am A2008-7 amdt 1.45; A2011-22 amdt 1.141\nIntensive correction order—effect of suspension or cancellation\ns 69 hdg sub A2012-34 s 38\ns 69 am A2008-7 amdt 1.46; A2011-22 amdt 1.141; A2012-34 s 39;\nss renum R26 LA\nam A2020-42 s 37\nIntensive correction orders—effect of suspension or cancellation on other\nintensive correction order\ns 70 am A2008-7 amdt 1.47; A2012-34 s 40\nIntensive correction orders—effect of suspension or cancellation on parole\ns 71 hdg am A2011-22 amdt 1.141\ns 71 am A2011-22 amdt 1.141, amdt 1.142; A2015-50 amdt 3.84\nSuspension or cancellation of intensive correction order—recommittal to\nfull-time detention\ns 72 hdg am A2011-22 amdt 1.141\nCancellation of intensive correction order—offender may apply for order to\nbe reinstated\ns 73 am A2011-22 amdt 1.141\nam A2018-43 s 6\nIntensive correction orders—amendment or discharge\npt 5.7 hdg ins A2016-4 s 54\nCourt powers—amendment or discharge of intensive correction order\ns 74 am A2011-22 amdt 1.141\nIntensive correction orders—limitations on amendment or discharge\ns 75 am A2007-15 amdt 1.16, amdt 1.17; ss renum R3 LA;\nA2011-22 amdt 1.141; A2011-57 s 10\nIntensive correction orders—reporting and records\npt 5.8 hdg ins A2016-4 s 54\n\nRecord-keeping by director-general\ns 76 sub A2016-4 s 54\nAuthorised person may access data\ns 77 am A2011-22 amdt 1.141; A2015-50 amdt 3.84\nIntensive correction orders—miscellaneous\npt 5.9 hdg ins A2016-4 s 54\nIntensive correction order proceedings—rights of interested person\ns 78 sub A2016-4 s 54\nIntensive correction order cancellation by court—official notice of sentence\ns 78A ins A2018-43 s 7\nIntensive correction order—court and board powers after end of order\ns 79 sub A2016-4 s 54\nIntensive correction orders—outstanding warrants\ns 80 sub A2016-4 s 54; A2018-43 s 8; A2020-42 s 38\nReview—ch 5\ns 81 sub A2016-4 s 54\nexp 2 March 2020 (s 81 (2))\nDrug and alcohol treatment orders\nch 5A hdg ins A2019-31 s 9\npt 5A.1 hdg ins A2019-31 s 9\nApplication—ch 5A\ns 82 am A2011-22 amdt 1.142; A2011-57 s 11\nins A2019-31 s 9\nDrug and alcohol treatment orders—undertaking treatment\npt 5A.2 hdg ins A2019-31 s 9\nDrug and alcohol treatment order—drug and alcohol tests\ns 82A ins A2007-15 amdt 1.18\nins A2019-31 s 9\nDrug and alcohol treatment orders—effect of cancellation\npt 5A.3 hdg ins A2019-31 s 9\nApplication—pt 5A.3\ns 82B ins A2019-31 s 9\nam A2023-40 s 4, s 5\nDrug and alcohol treatment order—effect of cancellation\ns 82C ins A2019-31 s 9\n\nDrug and alcohol treatment orders—reporting and records\npt 5A.4 hdg ins A2019-31 s 9\nRecord-keeping by director-general\ns 82D ins A2019-31 s 9\nAuthorised person may access data\ns 82E ins A2019-31 s 9\nDefinitions—ch 6\ns 84 def community service condition am A2006-23 amdt 1.143\ndef interested person am A2011-22 amdt 1.141\nGood behaviour obligations\ns 85 am A2006-23 amdt 1.169\nGood behaviour—core conditions\ns 86 am A2006-23 amdt 1.169; A2011-22 amdt 1.141, amdt 1.142;\nA2016-4 s 55\nGood behaviour—chief executive directions\ns 87 am A2011-22 amdt 1.141\nGood behaviour orders—compliance with community service condition\ns 90 hdg sub A2016-4 s 56\nGood behaviour orders—community service work—director-general\ns 91 hdg am A2011-22 amdt 1.141\nsub A2016-4 s 57\ns 91 am A2011-22 amdt 1.141, amdt 1.142\nGood behaviour orders—community service work—failure to report etc\ns 92 hdg sub A2016-4 s 58\ns 92 am A2011-22 amdt 1.141; A2014-6 s 11, s 12; A2015-38\namdt 2.74; A2024-26 s 5\nGood behaviour orders—community service work—failure to report etc—\ns 92A ins A2020-11 amdt 1.22\nGood behaviour orders—community service work—maximum daily hours\ns 93 hdg sub A2016-4 s 59\nGood behaviour orders—community service work—therapy and education\nprogram limit\ns 93A ins A2018-43 s 9\nGood behaviour orders—community service work—health disclosures\ns 94 hdg sub A2016-4 s 60\ns 94 am A2011-22 amdt 1.141\n\nGood behaviour orders—community service work—alcohol and drug tests\ns 95 hdg sub A2016-4 s 61\ns 95 am A2006-23 amdt 1.169; A2008-19 amdt 1.22; A2009-24\namdt 1.8, amdt 1.9; A2011-22 amdt 1.141\nGood behaviour orders—community service work—frisk searches\ns 96 hdg sub A2016-4 s 62\ns 96 am A2006-23 amdt 1.144, amdt 1.169; A2008-19 amdt 1.23;\nA2009-24 amdt 1.10, amdt 1.11; A2011-22 amdt 1.141\nGood behaviour orders—community service work—reports by entities\ns 97 hdg sub A2016-4 s 63\ns 97 am A2011-22 amdt 1.141, amdt 1.142\nGood behaviour orders—compliance with rehabilitation program condition\ns 99 hdg sub A2016-4 s 64\nGood behaviour orders—rehabilitation programs—director-general\ns 100 hdg am A2011-22 amdt 1.141\nsub A2016-4 s 65\ns 100 am A2011-22 amdt 1.141\nGood behaviour orders—rehabilitation program providers—reports by\nproviders\ns 101 hdg sub A2016-4 s 66\ns 101 am A2011-22 amdt 1.141, amdt 1.142\nGood behaviour—breach of good behaviour obligation\ns 102 am A2008-19 amdt 1.24; A2009-24 amdt 1.12; A2011-22\namdt 1.141\nsub A2023-21 s 18\nCorrections officer’s actions for breach of good behaviour obligations—\ns 102A ins A2020-14 amdt 1.49\nam A2023-21 s 19; R61 LA; R63 LA\nCourt powers—breach of good behaviour obligations\ns 108 am A2011-22 amdt 1.141\nCancellation of good behaviour order with suspended sentence order\ns 110 am A2016-4 s 67\nCourt imposed fines\nch 6A hdg ins A2010-21 s 6\nGeneral\npt 6A.1 hdg ins A2010-21 s 6\n\nDefinitions—ch 6A\ns 116A ins A2010-21 s 6\ndef administrative fee ins A2010-21 s 6\ndef default ins A2010-21 s 6\ndef default notice ins A2010-21 s 6\ndef earnings redirection order ins A2010-21 s 6\ndef enforcement officer ins A2010-21 s 6\ndef examination hearing ins A2010-21 s 6\ndef examination notice ins A2010-21 s 6\ndef examination warrant ins A2010-21 s 6\ndef fine ins A2010-21 s 6\nam A2016-12 amdt 3.3\ndef fine defaulter ins A2010-21 s 6\ndef fine enforcement order ins A2010-21 s 6\ndef outstanding fine ins A2010-21 s 6\ndef penalty notice ins A2010-21 s 6\ndef property seizure order ins A2010-21 s 6\ndef registrar ins A2010-21 s 6\ndef reminder notice ins A2010-21 s 6\ndef territory entity ins A2010-21 s 6\ndef voluntary community work order ins A2010-21 s 6\ndef young fine defaulter ins A2010-21 s 6\nPayment of fine\ns 116B ins A2010-21 s 6\nPenalty notices, default notices and payment arrangements\npt 6A.2 hdg ins A2010-21 s 6\nRegistrar to send penalty notice\ns 116C ins A2010-21 s 6\nam A2011-22 amdt 1.141; A2020-42 s 39; A2023-33 s 5\nOffender to give registrar contact details\ns 116D hdg sub A2023-33 s 6\ns 116D ins A2010-21 s 6\nam A2023-33 ss 7-10\nRegistrar may ask other people for offender’s contact details\ns 116E hdg sub A2023-33 s 11\ns 116E ins A2010-21 s 6\nam A2015-15 amdt 3.21; A2023-33 s 12, s 13\nDoubtful service\ns 116F ins A2010-21 s 6\nLiability for administrative fee\ns 116G ins A2010-21 s 6\n\nDefault notice\ns 116H ins A2010-21 s 6\nam A2011-22 amdt 1.141; A2023-33 s 14\nForm of default notice\ns 116I ins A2010-21 s 6\nam A2011-22 amdt 1.141; A2011-49 amdt 1.3; pars renum\nR21 LA; A2023-33 s 15\nReminder notice\ns 116J ins A2010-21 s 6\nam A2011-22 amdt 1.141; A2023-33 s 16\nPayment arrangements\ns 116K ins A2010-21 s 6\nFine enforcement action\npt 6A.3 hdg ins A2010-21 s 6\nReporting fine defaulters\ndiv 6A.3.1 hdg ins A2010-21 s 6\nApplication—pt 6A.3\ns 116L ins A2010-21 s 6\nDirector-general to notify road transport authority\ns 116M hdg am A2011-22 amdt 1.141\ns 116M ins A2010-21 s 6\nDirector-general to notify credit reporting agency\ns 116N hdg am A2011-22 amdt 1.141\ns 116N ins A2010-21 s 6\nom A2011-49 amdt 1.4\nExamining fine defaulter’s financial circumstances\ndiv 6A.3.2 hdg ins A2010-21 s 6\nExamination by director-general\ns 116O hdg am A2011-22 amdt 1.141\ns 116O ins A2010-21 s 6\nExamination notice\ns 116P ins A2010-21 s 6\nExamination notice—content\ns 116Q ins A2010-21 s 6; A2013-44 amdt 3.45\n\nExamination warrant—issue\ns 116R ins A2010-21 s 6\nExamination warrant—contents and execution\ns 116S ins A2010-21 s 6\nExamination hearing before registrar\ns 116T ins A2010-21 s 6\nExamination hearing warrant—issue\ns 116U ins A2010-21 s 6\nExamination hearing warrant—contents and execution\ns 116V ins A2010-21 s 6\nFine enforcement orders—general\ndiv 6A.3.3 hdg ins A2010-21 s 6\nDirector-general may apply for fine enforcement order\ns 116W hdg am A2011-22 amdt 1.141\ns 116W ins A2010-21 s 6\nMagistrates court may make fine enforcement order\ns 116X ins A2010-21 s 6\nFine enforcement orders—earnings redirection orders\ndiv 6A.3.4 hdg ins A2010-21 s 6\nFine enforcement order—earnings redirection order\ns 116Y ins A2010-21 s 6\nFine enforcement orders—financial institution deduction orders\ndiv 6A.3.5 hdg ins A2010-21 s 6\nFinancial institution deduction order\ns 116Z ins A2010-21 s 6\nFine enforcement orders—property seizure orders\ndiv 6A.3.6 hdg ins A2010-21 s 6\nProperty seizure order\ns 116ZA ins A2010-21 s 6\nProperty seizure order—authority to enter premises etc\ns 116ZB ins A2010-21 s 6\n\nProperty seizure order—sale of seized property\ns 116ZC ins A2010-21 s 6\nProperty seizure order—restoration application\ns 116ZD ins A2010-21 s 6\nVoluntary community work orders\ndiv 6A.3.7 hdg ins A2010-21 s 6\nVoluntary community work order\ns 116ZE ins A2010-21 s 6\nVoluntary community work order—administration\ns 116ZF ins A2010-21 s 6\nVoluntary community work order—rate of discharge of outstanding fine\ns 116ZG ins A2010-21 s 6\nVoluntary community work order—noncompliance\ns 116ZH ins A2010-21 s 6\nVoluntary community work order—certificate of completion\ns 116ZI ins A2010-21 s 6\nVoluntary community work order—ends if outstanding fine paid\ns 116ZJ ins A2010-21 s 6\nImprisonment\ndiv 6A.3.8 hdg ins A2010-21 s 6\nImprisonment order\ns 116ZK ins A2010-21 s 6\nImprisonment—periodic detention\ns 116ZL ins A2010-21 s 6\nam A2011-22 amdt 1.141; A2014-58 amdt 1.3, amdt 1.4\nom A2016-4 s 68\nImprisonment—rate of discharge of outstanding fine\ns 116ZM ins A2010-21 s 6\nam A2016-4 s 69\nImprisonment—release if outstanding fine paid\ns 116ZN ins A2010-21 s 6\nMiscellaneous\npt 6A.4 hdg ins A2010-21 s 6\n\nRemission of fine by director-general\ns 116ZO hdg am A2011-22 amdt 1.141\ns 116ZO ins A2010-21 s 6\nTime served in custody to count\ns 116ZP ins A2010-21 s 6\nam A2011-27 amdt 1.9\nReparation order agreements\ns 116ZQ ins A2010-21 s 6\nApportionment of fine amounts\ns 116ZR ins A2010-21 s 6\nam A2016-12 amdt 3.4\nConviction or order quashed or set aside\ns 116ZS ins A2010-21 s 6\nam A2011-49 amdt 1.5\nSharing information\ns 116ZT ins A2010-21 s 6\nam A2011-22 amdt 1.141; A2023-33 s 17\nOrders may be made on conditions\ns 116ZU ins A2010-21 s 6\nDefinitions—ch 7\ns 117 def non-ACT offence ins A2019-45 s 4\ndef victim om A2006-23 amdt 1.145\nParole—meaning of registered victim and victim\ns 118A ins A2006-23 amdt 1.146\nApplications for parole\ns 121 am A2025-29 amdt 4.48\nBoard may reject parole application without inquiry\ns 122 am A2011-22 amdt 1.141; A2015-3 s 26; A2015-50 amdt 3.84\nBoard to seek victim’s views for parole inquiry\ns 123 am A2008-20 amdt 3.18; A2011-22 amdt 1.141\nNotice to victims for parole inquiry\ns 124 am A2020-42 ss 40-44; pars renum R52 LA\nParole applications—inquiry without hearing\ns 125 am A2011-22 amdt 1.141\nParole applications—decision after inquiry without hearing\ns 126 am A2020-11 amdt 1.23\n(2A), (2B) exp 29 September 2023 (s 322A)\n\nParole applications—notice of hearing\ns 127 am A2011-22 amdt 1.141; A2020-11 amdt 1.24; A2020-42\ns 45\n(2A) exp 29 September 2023 (s 322A)\nNotice of decisions on parole applications\ns 133 am A2008-20 amdt 3.19; A2011-22 amdt 1.141\nParole obligations\ns 136 am A2006-23 amdt 1.169\nParole order—core conditions\ns 137 am A2006-23 amdt 1.169; A2011-22 amdt 1.141\nParole—director-general directions\ns 138 hdg am A2011-22 amdt 1.141\ns 138 am A2011-22 amdt 1.141\nParole—alcohol and drug tests\ns 138A ins A2006-23 amdt 1.147\nParole—effect of custody during order\ns 139 am A2019-45 s 5\nParole—when time is served against sentence\ns 140 hdg sub A2019-45 s 6\ns 140 am A2019-45 s 7\nCorrections officer’s actions for breach of parole obligations—COVID-19\nemergency\ns 143A ins A2020-14 amdt 1.50\nArrest warrant—breach of parole obligations\ns 145 am A2019-45 s 8\nBoard inquiry—breach of parole obligations\ns 146 am A2011-22 amdt 1.141\nNotice of inquiry—breach of parole obligations\ns 147 am A2011-22 amdt 1.141\nBoard powers—breach of parole obligations\ns 148 am A2011-22 amdt 1.141\nAutomatic cancellation of parole order for ACT offence\ns 149 am A2017-9 s 5\nCancellation of parole order for non-ACT offence\ns 150 am A2012-34 s 41; A2019-45 s 9\nCancellation after parole order has ended\ns 151 am A2019-45 s 10\n\nBoard inquiry—management of parole\ns 153 am A2006-23 amdt 1.148; A2011-22 amdt 1.141\nNotice of inquiry—management of parole\ns 154 am A2011-22 amdt 1.141\nParole order—commencement suspended before parole release date\ns 155 am A2011-22 amdt 1.141\nBoard powers—management of parole\ns 156 am A2011-22 amdt 1.141\nNotice of board decisions about parole\ns 157 am A2011-22 amdt 1.141; A2015-50 amdt 3.84; A2019-45\ns 11, s 12\nParole order—effect of cancellation\ns 160 am A2019-45 s 13\nCancellation of parole—recommittal to full-time detention\ns 161 am A2011-22 amdt 1.142; A2019-45 s 14\nParole time credit\npt 7.5A hdg ins A2019-45 s 15\ndiv 7.5A.1 hdg ins A2019-45 s 15\nApplication—pt 7.5A\ns 161A ins A2019-45 s 15\nDefinitions—pt 7.5A\ns 161B ins A2019-45 s 15\ndef family violence offence ins A2019-45 s 15\ndef non-ACT family violence offence ins A2019-45 s 15\ndef non-serious offence ins A2019-45 s 15\ndef parole offence ins A2019-45 s 15\ndef parole sentence ins A2019-45 s 15\ndef parole time credit ins A2019-45 s 15\ndef serious drug offence ins A2019-45 s 15\ndef serious non-ACT offence ins A2019-45 s 15\ndef serious offence ins A2019-45 s 15\ndef serious violent offence ins A2019-45 s 15\nam A2021-19 amdt 1.10\ndef sexual offence ins A2019-45 s 15\nParole time credit—rules for applying\ndiv 7.5A.2 hdg ins A2019-45 s 15\nGeneral rule\ns 161C ins A2019-45 s 15\n\nExceptions—certain ACT offences\ns 161D ins A2019-45 s 15\nExceptions—certain non-ACT offences\ns 161E ins A2019-45 s 15\nAppeal to Supreme Court—order by board\ns 161F ins A2019-45 s 15\nParole time credit—how to apply\ndiv 7.5A.3 hdg ins A2019-45 s 15\nWorking out parole time credit—general rule\ns 161G ins A2019-45 s 15\nWorking out parole time credit—exceptions\ns 161H ins A2019-45 s 15\nParole time credit—shortest period to apply\ns 161I ins A2019-45 s 15\nDefinitions—pt 7.6\ns 162 def parole order am A2014-6 s 13\ndef sentence of imprisonment am A2006-23 amdt 1.170\nParole order transfer—declaration of corresponding parole laws\ns 163 am A2013-44 amdt 3.46; A2025-29 amdt 4.48\nParole order transfer—registration requests\ns 164 am A2011-22 amdt 1.141\nParole order transfer—documents for registration requests\ns 165 am A2023-33 amdt 2.26\nParole order transfer—registration\ns 167 am A2011-22 amdt 1.141\nParole order transfer—effect of registration under this Act\ns 168 am A2006-23 amdt 1.149; A2019-45 s 16; A2023-42 s 35,\ns 36\nParole order transfer—evidence of registration\ns 170 am A2011-22 amdt 1.141\nFunctions of board\ns 172 am A2008-19 amdt 1.25, amdt 1.26; A2016-4 s 70\nAppointment of board members\ns 174 am A2014-6 s 14; A2024-16 s 18, s 19; pars renum R66 LA\nEnding board member appointments\ns 178 am A2010-30 amdt 1.21\nDelegation by chief police officer\ns 179A ins A2024-16 s 20\n\nMeaning of board’s supervisory functions\ns 180 am A2016-4 s 71\nConstitution of divisions of board\ns 182 am A2012-34 s 42, s 43; A2020-11 amdt 1.25; A2021-1\namdt 1.13\nQuorum at board meetings\ns 185 am A2020-11 amdt 1.26; A2021-1 amdt 1.14\nConduct of board meetings\ns 187 am A2008-28 amdt 3.75\nConfidentiality of board documents\ns 192 am A2011-57 s 12\nsub A2020-42 s 46\nSubmissions for inquiry\ns 197 am A2011-22 amdt 1.141\nBoard may require official reports\ns 198 am A2011-22 amdt 1.141\nExpenses—production of documents etc\ns 200 am A2006-23 amdt 1.170\nNotice of board hearing\ns 204 am A2011-22 amdt 1.141; A2016-4 s 72\nAppearance by offender at board hearing\ns 205 am A2011-22 amdt 1.141\nArrest of offender for board hearing\ns 206 am A2016-4 s 73; A2019-45 s 17; A2020-42 s 47\nAppearance at board hearing by audiovisual or audio link\ns 207 am A2010-40 amdt 2.6; A2018-9 s 39\nCustody of offender during board hearing adjournment\ns 210 am A2020-42 s 48, s 49\nRecord of board hearings\ns 211 am A2011-22 amdt 1.141; A2011-48 amdt 1.20; A2020-42\ns 50; A2025-29 amdt 4.48\nBoard hearing—outstanding warrants\ns 212A ins A2018-43 s 10\nom A2020-42 s 51\nMeaning of registered victim\ns 213 sub A2008-19 amdt 1.27\n\nVictims register—offenders other than young offenders\ns 215 sub A2008-19 amdt 1.28\nVictims register—young offenders\ns 215A ins A2008-19 amdt 1.28\nam A2011-22 amdt 1.141; A2021-3 s 14\nDisclosures to registered victims—offenders other than young offenders\ns 216 am A2006-23 amdt 1.169\nsub A2008-19 amdt 1.28\nam A2011-22 amdt 1.141; A2016-4 s 74\nDisclosures to registered victims—young offenders\ns 216A ins A2008-19 amdt 1.28\nam A2011-22 amdt 1.141; A2016-42 amdt 3.42, amdt 3.43;\nA2021-3 s 15\nDefinitions—pt 11.1\ns 217 def ACT sentence of imprisonment am A2008-20 amdt 4.33\nInterstate transfer—corresponding courts and interstate laws\ns 221 am A2013-44 amdt 3.46; A2025-29 amdt 4.48\nInterstate transfer—requests from ACT and joint prisoners for transfer to\nparticipating state\ns 222 am A2015-50 amdt 3.84\nInterstate transfer—requests from ACT and joint prisoners for transfer to\nnon-participating territory\ns 223 am A2015-50 amdt 3.84\nInterstate transfer—receipt of request for transfer to ACT\ns 226 am A2015-50 amdt 3.84\nInterstate transfer—request for transfer to participating state\ns 228 am A2015-50 amdt 3.84\nInterstate transfer—necessary consents\ns 229 am A2011-22 amdt 1.141\nInterstate transfer—request by imprisoned person for transfer to ACT\ns 236 am A2015-50 amdt 3.84\nMeaning of community-based sentence\ns 264 am A2016-4 s 75, s 76; A2019-31 s 10; pars renum R48 LA\nCommunity-based sentence transfer—appointment of local authority\ns 269 am A2011-22 amdt 1.141\nCommunity-based sentence transfer—decision on request\ns 277 am A2023-21 s 20; ss renum R61 LA\n\nRelease on licence—notice of board inquiry\ns 291 am A2011-22 amdt 1.141; A2020-42 s 52\nRelease on licence—board to seek victim’s views\ns 292 am A2008-20 amdt 3.20; A2011-22 amdt 1.141; A2016-52\namdt 1.58\nRelease on licence—notice of Executive decision\ns 298 am A2008-20 amdt 3.21; A2011-22 amdt 1.141; A2023-33\namdt 2.27\nRelease on licence obligations\ns 300 am A2006-23 amdt 1.169\nRelease on licence—core conditions\ns 301 am A2006-23 amdt 1.169; A2011-22 amdt 1.141\nRelease on licence—director-general directions\ns 302 hdg am A2011-22 amdt 1.141\ns 302 am A2011-22 amdt 1.141\nRelease on licence—alcohol and drug tests\ns 302A ins A2006-23 amdt 1.150\nCorrections officers to report breach of release on licence obligations\ns 303A ins A2011-57 s 13\nBoard inquiry—review of release on licence\ns 306 am A2011-22 amdt 1.141\nBoard inquiry—notice of review of release on licence\ns 307 am A2011-22 amdt 1.141\nBoard powers—review of release on licence\ns 308 am A2011-22 amdt 1.141\nRelease on licence—notice of board’s decision on review\ns 311 am A2011-22 amdt 1.141; A2015-50 amdt 3.84\nCancellation of licence—recommittal to full-time detention\ns 312 am A2011-22 amdt 1.142\nPrerogative of mercy\ns 314A ins A2006-23 amdt 1.151\nam A2008-19 amdt 1.29\nMeaning of community service work\ns 316 am A2016-4 s 77\nsub A2018-43 s 11\nProtection from liability for people involved in community service work\ns 317 am A2011-22 amdt 1.141\n\nCommunity service work not to displace employees\ns 318 am A2011-22 amdt 1.141\nNo employment contract for community service work\ns 319 am A2006-23 amdt 1.169\nCommunity service work—work health and safety\ns 320 hdg sub A2009-28 amdt 2.8; A2011-55 amdt 1.7\ns 320 am A2009-28 amdt 2.9, amdt 2.10; A2011-22 amdt 1.141;\nA2011-55 amdt 1.8\nSentence administration—young offenders\nch 14A hdg ins A2008-19 amdt 1.30\nGeneral\npt 14A.1 hdg ins A2008-19 amdt 1.30\nPurpose—ch 14A\ns 320A ins A2008-19 amdt 1.30\nYouth justice principles to be considered\ns 320B ins A2008-19 amdt 1.30\nsub A2009-7 amdt 1.6\nam A2011-22 amdt 1.136; A2021-12 amdt 3.13\nYoung offenders and remandees—references to correctional centre and\nCorrections Management Act\ns 320C ins A2008-19 amdt 1.30\nsub A2009-7 amdt 1.6\nYoung offenders and remandees—references to director-general\ns 320D hdg am A2011-22 amdt 1.141\ns 320D ins A2008-19 amdt 1.30\nam A2009-7 amdt 1.7; A2011-22 amdt 1.141\nYoung remandees—remand to be at detention place\ns 320E ins A2008-19 amdt 1.30\nYoung offenders—administration of sentences other than imprisonment\ns 320F ins A2008-19 amdt 1.30\nam A2009-24 amdt 1.13; A2011-22 amdt 1.141\nYoung offenders—breach of good behaviour obligations\ns 320G ins A2008-19 amdt 1.30\nam A2009-24 amdt 1.14; A2011-22 amdt 1.141; A2023-21\ns 21; R61 LA; R63 LA\nSentencing court to deal with breaches\ns 320H ins A2008-19 amdt 1.30\nYoung offenders—transfer\ns 320I ins A2008-19 amdt 1.30\n\nYoung offenders—transfer of community-based sentences\ns 320J ins A2008-19 amdt 1.30\nYoung offenders—accommodation orders\npt 14A.2 hdg ins A2008-19 amdt 1.30\nAccommodation orders—contraventions\ns 320K ins A2008-19 amdt 1.30\nAccommodation orders—resentencing for breach\ns 320L ins A2008-19 amdt 1.30\nDirector-general directions—general\ns 321 hdg am A2011-22 amdt 1.141\ns 321 am A2011-22 amdt 1.141, amdt 1.142\nDirector-general to give information—detainees etc subject to forensic\nmental health orders\ns 321AA ins A2014-51 amdt 1.36\nam A2015-38 amdt 2.75, amdt 2.76\nEvidentiary certificates\ns 321A ins A2006-23 amdt 1.152\nam A2011-22 amdt 1.141, amdt 1.142; A2016-4 s 78, s 79;\nA2025-29 amdt 4.48\nCriminology or penology research\ns 322 am A2006-23 amdt 1.169; A2011-22 amdt 1.141, amdt 1.142\nGuidelines for corrections officer’s actions for certain breaches—COVID-19\nemergency\ns 322AA ins A2020-14 amdt 1.51\nExpiry—COVID-19 emergency amendments\ns 322A ins A2020-11 amdt 1.27\nam A2020-14 amdts 1.52-1.55; pars renum R54 LA\nsub A2021-1 amdt 1.15\nDetermination of fees\ns 323 am A2013-44 amdt 3.46; A2025-29 amdt 4.48\nApproved forms\ns 324 am A2013-44 amdt 3.46; A2025-29 amdt 4.48\nRegulation-making power\ns 325 am A2013-44 amdt 3.47; A2025-29 amdt 4.48\nTransitional—general\nch 16 hdg sub A2006-23 amdt 1.153\n\npt 16.1 hdg exp 2 June 2011 (s 352 (1))\nPurpose—ch 16\ns 326 am A2006-23 amdt 1.171\nApplication of Act to offenders and other people in custody\ns 327 exp 2 June 2011 (s 352 (1) (LA s 88 declaration applies))\nDefinitions—ch 16\ns 328 exp 2 June 2011 (s 352 (1) (LA s 88 declaration applies))\ndef consequential amendments Act am A2006-23\namdt 1.154\nTransitional—detention\npt 16.2 hdg exp 2 June 2011 (s 352 (1)\nRelationship with Corrections Management Act—pt 16.2\ns 329 am A2006-23 amdt 1.169\nFull-time imprisonment—sentenced offenders\ns 330 am A2006-23 amdt 1.155, amdt 1.170, amdt 1.171\nFull-time imprisonment—remandees\ns 331 am A2006-23 amdt 1.156\nFull-time imprisonment—other detainees\ns 331A ins A2006-23 amdt 1.157\nApplication of Act to transitional warrants under Removal of Prisoners\nAct (repealed)\ns 331B ins A2006-23 amdt 1.157\nHome detention orders—Rehabilitation of Offenders (Interim) Act\ns 332 am A2006-23 amdt 1.171\nExisting home detention orders—community-based sentences for this\ns 333 exp 2 June 2011 (s 352 (1) (LA s 88 declaration applies))\nPeriodic detention orders—Periodic Detention Act, s 4\ns 334 am A2006-23 amdt 1.171\n\nConditional release—Periodic Detention Act, s 32\ns 335 exp 2 June 2011 (s 352 (1) (LA s 88 declaration applies))\nTransitional—non-detention\npt 16.3 hdg exp 2 June 2011 (s 352 (1)\nConditional release without conviction—Crimes Act, s 402 (1)\ns 336 am A2006-23 amdt 1.171\nConditional release of convicted offenders—Crimes Act, s 403 (1) (a)\ns 337 am A2006-23 amdt 1.171\nConditional release and suspended sentences—Crimes Act, s 403 (1) (b)\ns 338 am A2006-23 amdt 1.171\nCommunity service without good behaviour order—Crimes Act, s 408\ns 339 am A2006-23 amdt 1.171\nCommunity service and good behaviour order—Crimes Act, s 408\ns 340 am A2006-23 amdt 1.171\nTransitional—unfinished requests for transfer of prisoners and sentences\npt 16.4 hdg exp 2 June 2011 (s 352 (1))\nPrisoners (Interstate Transfer) Act—unfinished requests\ns 341 exp 2 June 2011 (s 352 (1) (LA s 88 declaration applies))\nCommunity Based Sentences (Transfer) Act—unfinished requests for\ns 342 exp 2 June 2011 (s 352 (1) (LA s 88 declaration applies))\nTransitional—parole orders\npt 16.5 hdg exp 2 June 2011 (s 352 (1))\nParole orders before commencement day\ns 343 exp 2 June 2011 (s 352 (1) (LA s 88 declaration applies))\nUnfinished parole orders proceedings on commencement day\ns 344 exp 2 June 2011 (s 352 (1) (LA s 88 declaration applies))\nParole Orders (Transfer) Act—unfinished requests for registration\ns 345 exp 2 June 2011 (s 352 (1) (LA s 88 declaration applies))\nBoard may reject parole application without inquiry—Act, s 122\ns 346 exp 2 June 2011 (s 352 (1) (LA s 88 declaration applies))\nTransitional—other provisions\npt 16.6 hdg sub A2006-23 amdt 1.158\n\nSentence administration proceedings—started before commencement day\ns 347 exp 2 June 2011 (s 352 (1) (LA s 88 declaration applies))\nSentence administration proceedings—started on or after commencement\nday\ns 348 am A2006-23 amdt 1.171\nSentence administration board—transitional members etc\ns 348A ins A2006-23 amdt 1.159\nOfficial visitors—transitional\ns 348B ins A2006-23 amdt 1.159\nTransitional regulations—ch 16\ns 349 hdg sub A2006-23 amdt 1.160\ns 349 am A2006-23 amdt 1.161\nexp 2 June 2008 (s 349 (4) (LA s 88 declaration applies))\nConstruction of outdated references\ns 350 sub A2006-23 amdt 1.162\nApplication of Legislation Act, s 88—ch 16\ns 351 ins A2006-23 amdt 1.162\nExpiry of ch 16\ns 352 ins A2006-23 amdt 1.162\nTransitional—interim custody arrangements\nch 17 hdg ins A2006-23 amdt 1.163\nPurpose—ch 17\ns 600 ins A2006-23 amdt 1.163\nRelationship with ch 16\ns 601 ins A2006-23 amdt 1.163\nNo application to home detention\ns 602 ins A2006-23 amdt 1.163\n\nDefinitions—ch 17\ns 603 ins A2006-23 amdt 1.163\ndef Corrections Management Act 2007 ins A2006-23\namdt 1.163\ndef custody ins A2006-23 amdt 1.163\ndef interim custody period ins A2006-23 amdt 1.163\nmod SL2006-23 mod 1.1A (mod exp 1 August 2007 (see\nam A2007-15 amdt 1.19\ndef new sentencing law ins A2006-23 amdt 1.163\ndef old custody law ins A2006-23 amdt 1.163\nApplication of new sentencing law—interim custody period\ns 604 ins A2006-23 amdt 1.163\nOld custody law continues\ns 605 ins A2006-23 amdt 1.163\nApplication of old custody law—periodic detention\ns 606 ins A2006-23 amdt 1.163\nApplication of old custody law—remand\ns 607 ins A2006-23 amdt 1.163\nReference to full-time detention in NSW\ns 607A ins as mod SL2006-23 mod 1.1 (as ins by SL2006-26 s 5; as\nam by SL2007-13 s 6) (mod exp 1 August 2007 (see\nexp 1 August 2007 (s 607A (2))\nins A2007-15 amdt 1.20\nReferences in territory laws to Corrections Management Act 2007 etc in\nrelation to interim custody period\ns 607B ins as mod SL2006-23 mod 1.1 (as ins by SL2006-26 s 5; as\nam by SL2007-13 s 7) (mod exp 1 August 2007 (see\nexp 1 August 2007 (s 607B (3))\nins A2007-15 amdt 1.20\nAdditional powers of courts etc\ns 608 ins A2006-23 amdt 1.163\n\nAdditional powers of sentence administration board\ns 609 ins A2006-23 amdt 1.163\nAdditional powers of chief executive\ns 610 ins A2006-23 amdt 1.163\nRemandees—clothing\ns 610A ins as mod SL2006-23 sch 2 mod 1.1 (as ins by SL2007-34\ns 5) (mod exp 18 December 2007 (see SL2006-23 s 6 (2) (LA\ns 88 declaration applies))\nTransitional regulations—ch 17\ns 611 ins A2006-23 amdt 1.163\nExpiry—ch 17\ns 612 ins A2006-23 amdt 1.163\nmod SL2006-23 mod 1.2 (as ins by SL2007-13 s 8) (mod exp\n1 August 2007 (see SL2006-23 s 5 (2))\nsub A2007-15 amdt 1.21\nTransitional—Children and Young People Act 2008\nch 18 hdg ins A2008-20 amdt 1.3\nMeaning of commencement day—ch 18\ns 700 ins A2008-20 amdt 1.3\nApplication of amendments—general\ns 701 ins A2008-20 amdt 1.3\nConditional discharge orders\ns 702 ins A2008-20 amdt 1.3\nFines\ns 703 ins A2008-20 amdt 1.3\nReparation or compensation orders\ns 704 ins A2008-20 amdt 1.3\nProbation orders\ns 705 ins A2008-20 amdt 1.3\n\nCommunity service orders\ns 706 ins A2008-20 amdt 1.3\nAttendance centre orders\ns 707 ins A2008-20 amdt 1.3\nResidential orders\ns 708 ins A2008-20 amdt 1.3\nApplications for revocation etc\ns 709 ins A2008-20 amdt 1.3\nCommittal orders\ns 710 ins A2008-20 amdt 1.3\nOrders referring to mental health tribunal following conviction\ns 711 ins A2008-20 amdt 1.3\ns 712 ins A2008-20 amdt 1.3\nexp 27 February 2014 (s 713 (1))\nExpiry—ch 18\ns 713 ins A2008-20 amdt 1.3\nTransitional—Crimes (Sentence Administration) Amendment Act 2010\nch 19 hdg ins A2010-21 s 7\nApplication of amendments\ns 800 ins A2010-21 s 7\ns 801 ins A2010-21 s 7\nExpiry—ch 19\ns 802 ins A2010-21 s 7\nTransitional—Crimes (Sentencing and Restorative Justice) Amendment\nAct 2016\nch 20 hdg ins A2016-4 s 80\n\nMeaning of commencement day—ch 20\ns 900 ins A2016-4 s 80\nApplication of amendments—periodic detention\ns 901 ins A2016-4 s 80\nReferral of periodic detention in certain circumstances\ns 902 ins A2016-4 s 80\ns 903 ins A2016-4 s 80\nExpiry—ch 20\ns 904 ins A2016-4 s 80\nDelegation\nch 21 hdg ins A2017-6 s 4\nDelegation\ns 1000 ins A2017-6 s 4\nExpiry—ch 21\ns 1001 ins A2017-6 s 4\nTransitional—Sentencing (Parole Time Credit) Legislation Amendment\nAct 2019\nch 22 hdg ins A2019-45 s 18\nDefinitions—ch 22\ns 1002 ins A2019-45 s 18\nParole time credit—breaches before commencement day\ns 1003 ins A2019-45 s 18\nParole time credit—offenders awaiting sentence\ns 1004 ins A2019-45 s 18\nParole time credit applies in relation to old parole orders\ns 1005 ins A2019-45 s 18\n\ns 1006 ins A2019-45 s 18\nexp 2 March 2021 (s 1006 (4))\nExpiry—ch 22\ns 1007 ins A2019-45 s 18\ndict am A2009-7 amdt 1.8; A2010-30 amdt 1.22; A2011-22\namdt 1.137, amdt 1.138; A2014-6 s 15; A2016-52 amdt 1.59;\nA2024-16 s 21; A2025-29 amdt 3.74\ndef accommodation order ins A2008-19 amdt 1.31\ndef ACT prisoner am A2023-33 amdt 2.28\ndef ACT sentence of imprisonment am A2023-33 amdt 2.28\ndef additional condition am A2016-4 s 81\ndef administrative fee ins A2013-44 amdt 3.48\ndef arrest warrant am A2023-33 amdt 2.28\ndef at ins A2006-23 amdt 1.164\ndef chief executive (CYP) ins A2008-19 amdt 1.31\nom A2011-22 amdt 1.139\ndef combination sentence sub A2006-23 amdt 1.165\ndef commonwealth sentence of imprisonment am\nA2023-33 amdt 2.28\ndef community service condition am A2006-23 amdt 1.166\ndef core condition am A2016-4 s 82\ndef correctional centre sub A2007-15 amdt 1.22\nom A2025-29 amdt 3.75\ndef corrections officer sub A2007-15 amdt 1.22\nom A2025-29 amdt 3.75\ndef corresponding ACT court am A2023-33 amdt 2.28\ndef corresponding Minister am A2023-33 amdt 2.28\ndef COVID-19 emergency ins A2020-11 amdt 1.28\ndef CYP director-general ins A2011-22 amdt 1.140\nom A2021-12 amdt 3.14\ndef default ins A2013-44 amdt 3.48\ndef default imprisonment am A2023-33 amdt 2.28\ndef default notice ins A2013-44 amdt 3.48\ndef detention period om A2016-4 s 83\ndef drug sub A2007-15 amdt 1.23\ndef drug and alcohol treatment order ins A2019-31 s 11\ndef earnings redirection order ins A2013-44 amdt 3.48\ndef enforcement officer ins A2013-44 amdt 3.48\ndef escort officer sub A2007-15 amdt 1.24\ndef examination hearing ins A2013-44 amdt 3.48\ndef examination notice ins A2013-44 amdt 3.48\ndef examination warrant ins A2013-44 amdt 3.48\n\ndef family violence offence ins A2019-45 s 19\ndef fine ins A2013-44 amdt 3.48\ndef fine defaulter ins A2013-44 amdt 3.48\ndef fine enforcement order ins A2013-44 amdt 3.48\ndef finishing time om A2016-4 s 83\ndef full-time detainee sub A2013-44 amdt 3.49\ndef Governor am A2023-33 amdt 2.28\ndef indeterminate sentence am A2023-33 amdt 2.28\ndef intensive correction assessment ins A2018-43 s 12\ndef intensive correction order ins A2016-4 s 84\ndef interested person sub A2016-4 s 85\ndef interstate law am A2023-33 amdt 2.28\ndef interstate sentence of imprisonment am A2023-33\namdt 2.28\ndef joint prisoner am A2023-33 amdt 2.28\ndef non-ACT family violence offence ins A2019-45 s 19\ndef non-ACT offence ins A2019-45 s 19\ndef nonparole period am A2006-23 amdt 1.167\ndef non-participating territory am A2023-33 amdt 2.28\ndef non-serious offence ins A2019-45 s 19\ndef offender am A2008-19 amdt 1.32\ndef outstanding fine ins A2013-44 amdt 3.50\ndef parole offence ins A2019-45 s 19\ndef parole sentence ins A2019-45 s 19\ndef parole time credit ins A2019-45 s 19\ndef participating jurisdiction am A2023-33 amdt 2.29\ndef penalty notice ins A2013-44 amdt 3.50\ndef periodic detention om A2016-4 s 86\ndef periodic detention obligations om A2016-4 s 86\ndef periodic detention period om A2016-4 s 86\ndef property seizure order ins A2013-44 amdt 3.50\ndef registered victim sub A2006-23 amdt 1.168\ndef registrar ins A2013-44 amdt 3.50\ndef rehabilitation program condition sub A2016-4 s 87\ndef reminder notice ins A2013-44 amdt 3.50\ndef reporting day om A2016-4 s 88\ndef reporting place om A2016-4 s 88\ndef reporting time om A2016-4 s 88\ndef sentence of imprisonment sub A2015-15 amdt 3.22\ndef serious drug offence ins A2019-45 s 19\ndef serious non-ACT offence ins A2019-45 s 19\ndef serious offence ins A2019-45 s 19\ndef serious violent offence ins A2019-45 s 19\ndef sexual offence ins A2019-45 s 19\ndef territory entity ins A2013-44 amdt 3.50\ndef test sample am A2006-23 amdt 1.169\ndef victim sub A2006-23 amdt 1.168\n\ndef victims register om A2008-19 amdt 1.33\ndef voluntary community work order ins A2013-44\namdt 3.50\ndef young fine defaulter ins A2013-44 amdt 3.50\ndef young offender ins A2008-19 amdt 1.34\ndef young remandee ins A2008-19 amdt 1.35\n\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nfor\n2 June 2006–\nSL2006-26 new Act,\namendments by\nA2006-23 and\nmodifications by\nSL2006-26\n1 June 2007–\nSL2007-13 modifications by\nSL2007-13\n1 Aug 2007\n1 Aug 2007–\n19 Oct 2007\nA2007-15 amendments by\nA2007-15 and\ncommenced expiry\n20 Oct 2007\n20 Oct 2007–\n18 Dec 2007\nSL2007-34 modifications by\nSL2007-34\n19 Dec 2007\n19 Dec 2007–\nSL2007-34 commenced expiry\n7 May 2008–\nA2008-7 amendments by\nA2008-7\n3 June 2008–\n25 Aug 2008\nA2008-7 commenced expiry\n26 Aug 2008\n26 Aug 2008–\n26 Oct 2008\nA2008-28\n\nfor\n27 Oct 2008\n27 Oct 2008–\n26 Feb 2009\nA2008-20\n27 Feb 2009\n27 Feb 2009–\n5 Mar 2009\nA2008-19 and\nA2008-20\n6 Mar 2009\n6 Mar 2009–\n3 Sept 2009\nA2009-7 amendments by\nA2009-7\n4 Sept 2009\n4 Sept 2009–\n30 Sept 2009\nA2009-24 amendments by\nA2009-24\nR13*\n1 Oct 2009\n1 Oct 2009–\n18 Dec 2009\nA2009-28 amendments by\nA2009-28\n19 Dec 2009\n19 Dec 2009–\nA2009-28 commenced expiry\n1 July 2010–\n27 Sept 2010\nA2010-21 amendments by\nA2010-21\n28 Sept 2010\n28 Sept 2010–\n1 Nov 2010\nA2010-30 amendments by\nA2010-30\n2 Nov 2010\n2 Nov 2010–\nA2010-40 amendments by\nA2010-40\n3 June 2011–\nA2010-40 expiry of\nprovisions (ch 16)\n1 July 2011–\n12 Sept 2011\nA2011-22 amendments by\nA2011-22\nR20*\n13 Sept 2011\n13 Sept 2011–\n22 Nov 2011\nA2011-27 amendments by\nA2011-27\n23 Nov 2011\n23 Nov 2011–\n14 Dec 2011\nA2011-49 amendments by\nA2011-49\n15 Dec 2011\n15 Dec 2011–\n31 Dec 2011\nA2011-57\n1 Jan 2012\n1 Jan 2012–\n29 Feb 2012\nA2011-55\n1 Mar 2012\n1 Mar 2012–\n11 Apr 2012\nA2011-48\n\nfor\n12 Apr 2012\n12 Apr 2012–\nA2012-13 amendments by\nA2012-13\n16 June 2012–\nA2012-34 amendments by\nA2012-34\n2 July 2012–\n24 Nov 2013\nA2012-34 expiry of\nprovisions (ch 19)\n25 Nov 2013\n25 Nov 2013–\n27 Feb 2014\nA2013-44 amendments by\nA2013-44\n28 Feb 2014\n28 Feb 2014–\n27 Mar 2014\nA2013-44 expiry of\nprovisions (ch 18)\n28 Mar 2014\n28 Mar 2014–\n4 Dec 2014\nA2014-6 amendments by\nA2014-6\n5 Dec 2014\n5 Dec 2014-\n2 Mar 2015\nA2014-58 amendments by\nA2014-58\n3 Mar 2015\n3 Mar 2015-\nA2015-3 amendments by\nA2015-3\n10 June 2015-\n7 Oct 2015\nA2015-15 amendments by\nA2015-15\n8 Oct 2015\n8 Oct 2015–\n8 Dec 2015\nA2015-15 updated endnotes\nA2015-38\n9 Dec 2015\n9 Dec 2015–\n29 Feb 2016\nA2015-50 amendments by\nA2015-50\n1 Mar 2016\n1 Mar 2016–\n1 Mar 2016\nA2015-50 amendments by\nA2014-51 and\nA2015-38\n2 Mar 2016\n2 Mar 2016–\n30 Jun 2016\nA2016-4 amendments by\nA2016-4\n1 July 2016–\n23 Aug 2016\nA2016-12 amendments by\nA2016-12\n24 Aug 2016\n24 Aug 2016–\n31 Aug 2016\nA2016-48 amendments by\nA2016-48\n\nfor\n1 Sept 2016\n1 Sept 2016–\n20 Feb 2017\nA2016-52 amendments by\nA2016-52\n21 Feb 2017\n21 Feb 2017–\n21 Feb 2017\nA2017-6 amendments by\nA2017-6\n22 Feb 2017\n22 Feb 2017–\n5 Apr 2017\nA2017-6 expiry of provisions\n(ch 21)\n6 Apr 2017\n6 Apr 2017–\n30 Apr 2017\nA2017-9 amendments by\nA2017-9\n1 May 2017–\n25 Apr 2018\nA2017-10 amendments by\nA2016-42\nA2017-10\n26 Apr 2018\n26 Apr 2018–\n8 Nov 2018\nA2018-9 amendments by\nA2018-9\n9 Nov 2018\n9 Nov 2018–\n2 Mar 2019\nA2018-43 amendments by\nA2018-43\n3 Mar 2019\n3 Mar 2019–\n2 Dec 2019\nA2018-43 expiry of\nprovisions (ch 20)\n3 Dec 2019\n3 Dec 2019–\n1 Mar 2020\nA2019-31 amendments by\nA2019-31\n2 Mar 2020\n2 Mar 2020–\n2 Mar 2020\nA2019-45 amendments by\nA2019-45\n3 Mar 2020\n3 Mar 2020–\n7 Apr 2020\nA2019-45 expiry of provision\n(s 81)\n8 Apr 2020\n8 Apr 2020–\n27 Aug 2020\nA2020-11 amendments by\nA2020-11\n28 Aug 2020\n28 Aug 2020–\n9 Sept 2020\nA2020-42\n10 Sept 2020\n10 Sept 2020–\n10 Sept 2020\nA2020-42\n11 Sept 2020\n11 Sept 2020–\n19 Feb 2021\nA2020-14\n\nfor\n20 Feb 2021\n20 Feb 2021–\n25 Feb 2021\nA2021-1 amendments by\nA2021-1\n26 Feb 2021\n26 Feb 2021–\n2 Mar 2021\nA2021-3 amendments by\nA2021-3\n3 Mar 2021\n3 Mar 2021–\n8 Apr 2021\nA2021-3 expiry of\nprovision (s 1006)\n9 Apr 2021\n9 Apr 2021–\nA2021-6 amendments by\nA2021-6\n23 June 2021–\n10 Nov 2021\nA2021-12 amendments by\nA2021-12\n11 Nov 2021\n11 Nov 2021–\nA2021-19 amendments by\nA2021-19\n22 June 2023–\n12 Sept 2023\nA2023-21 amendments by\nA2023-21\n13 Sept 2023\n13 Sept 2023–\n21 Sept 2023\nA2023-33 amendments by\nA2023-33\n22 Sept 2023\n22 Sept 2023–\n29 Sept 2023\nA2023-33 amendments by\nA2023-21\n30 Sept 2023\n30 Sept 2023–\n8 Nov 2023\nA2023-33 expiry of provisions\n(s 47A, s 59A,\ns 62 (2) (d),\ns 64 (3A), s 92A,\ns 102A, s 126 (2A),\n(2B), s 127 (2A),\ns 143A, s 322AA,\ns 322A, dict def\nCOVID-19\nemergency)\n9 Nov 2023\n9 Nov 2023–\n25 Apr 2024\nA2023-42 amendments by\nA2023-40 and\nA2023-42\n26 Apr 2024\n26 Apr 2024–\nA2024-16 amendments by\nA2024-16\n26 June 2024–\n2 Mar 2025\nA2024-26 amendments by\nA2024-26\n\nfor\n3 Mar 2025\n3 Mar 2025–\n15 Nov 2025\nA2024-26 expiry of\nprovisions (ch 22)\n\n6 Expired transitional or validating provisions\n6 Expired transitional or validating provisions\nThis Act may be affected by transitional or validating provisions that have expired.\nThe expiry does not affect any continuing operation of the provisions (see\nLegislation Act 2001, s 88 (1)).\nExpired provisions are removed from the republished law when the expiry takes\neffect and are listed in the amendment history using the abbreviation ‘exp’ followed\nby the date of the expiry.\nTo find the expired provisions see the version of this Act before the expiry took\neffect. The ACT legislation register has point-in-time versions of this Act.","sortOrder":386}],"analysis":{"summary":{"name":"Crimes (Sentence Administration) Act 2005","slug":"crimes-sentence-administration-act-2005","title_id":"a-2005-59","version_id":23361,"analysis_type":"summary","content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"Whole Act: a comprehensive ACT statute as in force on 16 November 2025 (R69), comprising 15 chapters and covering the full range of sentence administration mechanisms in the ACT."},"complexity_factors":["Fifteen chapters covering every stage of sentence administration from committal to release","Multiple sentence types with distinct administration regimes (full-time detention, intensive correction orders, good behaviour orders, parole, drug and alcohol treatment orders)","Sentence Administration Board with complex inquiry, hearing, and decision-making procedures","Extensive interstate transfer and recognition frameworks"],"plain_english_summary":"The Crimes (Sentence Administration) Act 2005 (ACT) is the framework law governing how sentences are administered and given effect in the Australian Capital Territory. Republished to R69 effective 16 November 2025, it covers every type of non-custodial and custodial sentence from committal through to release.\n\nThe Act's main object is to ensure that sentences are given effect in accordance with the Act and the companion Corrections Management Act 2007. It establishes human rights-based principles: sentenced offenders and remandees are to be treated decently and humanely, rehabilitation and reintegration are to be promoted, and conditions of detention must comply with Corrections Management Act requirements.\n\nChapter 4 governs full-time detention, including allocation to correctional centres, lawful absence, and release at the end of sentence. Chapter 5 covers intensive correction orders (formerly periodic detention), including the obligation to perform work and activities, consequences of non-compliance, and the process for cancellation by the Sentence Administration Board. Chapter 6 deals with good behaviour orders. Chapter 7 sets out the parole framework: eligibility, the Board's powers to make, review, and cancel parole orders, and parole conditions.\n\nThe Sentence Administration Board (Chapter 8) is the ACT's key administrative decision-maker for sentence management. It holds inquiries, makes parole decisions, and exercises cancellation powers. Victims of crime are protected by the victim information provisions in Chapter 10.\n\nChapter 11 governs interstate transfer of prisoners and Chapter 12 covers transfer of community-based sentences. Chapter 13 deals with release on licence, remission, and pardon.\n\nThe Act is closely connected to the Crimes (Sentencing) Act 2005 and the Corrections Management Act 2007, which together form the ACT sentencing and corrections legislative framework."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act has expanded significantly since its original enactment in 2005. It now includes comprehensive fine enforcement mechanisms (Chapter 6A), drug and alcohol treatment orders (Chapter 5A), and detailed parole time credit rules (Part 7.5A), which were not part of the original scope. Additionally, the Act has been amended numerous times to incorporate new sentence types and administrative procedures, greatly broadening its original purpose of consolidating sentence administration law."},"complexity_factors":["The Act is very long (over 300 pages) with numerous parts, divisions, and sections.","Extensive use of defined terms (over 100 in the dictionary) and cross-references to other Acts (e.g., Corrections Management Act, Crimes (Sentencing) Act, Children and Young People Act).","Many conditional provisions, exceptions, and nested exceptions (e.g., parole time credit rules with multiple exceptions).","Separate detailed regimes for different sentence types (full-time detention, intensive correction, good behaviour, fines, parole, licence).","Complex interstate and international transfer provisions for prisoners and community-based sentences.","Procedural rules for the Sentence Administration Board including inquiries, hearings, evidence, and decision-making."],"plain_english_summary":"This Act sets out the rules for how criminal sentences are managed and carried out in the Australian Capital Territory. It covers everything from how prison sentences are served (including early release and parole) to non-custodial options like intensive correction orders (a form of supervised punishment in the community), drug and alcohol treatment orders, good behaviour orders, and the enforcement of court fines. The Act also establishes the Sentence Administration Board, which makes decisions about parole, breaches of orders, and releases on licence. It includes special rules for young offenders and allows for the transfer of prisoners and community-based sentences to and from other states and territories. Overall, the Act provides the legal framework for the day-to-day administration of sentences imposed by courts."},"kimi_summary":{"_metrics":{"completionTokens":813},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose as stated in the preamble: consolidating and reforming sentence administration law. The 2025 republication shows incremental expansion through new chapters (5A for drug/alcohol treatment orders, 6A for court-imposed fines, 7.5A for parole time credit, 14A for young offenders) but these represent logical extensions of the core sentence administration framework rather than scope creep."},"complexity_factors":["Extensive cross-referencing between 15 chapters and multiple related Acts (Crimes (Sentencing) Act 2005, Corrections Management Act 2007, Bail Act 1992, etc.)","Highly conditional logic with nested exceptions (e.g., parole time credit rules in Part 7.5A with multiple exception layers)","47+ defined terms in the Dictionary plus numerous signpost definitions throughout","Multiple overlapping sentence types (intensive correction, good behaviour, drug/alcohol treatment, parole, licence) with similar but distinct compliance and breach mechanisms","Detailed procedural requirements for board inquiries, hearings, and victim notifications with strict timelines","Interstate and international transfer provisions requiring coordination with Commonwealth and other state/territory laws","Fine enforcement machinery with 8+ different enforcement mechanisms and complex preconditions","Board composition and decision-making rules with judicial/non-judicial member distinctions and division structures","Extensive record-keeping, reporting, and evidentiary requirements","Multiple amendment and transitional provisions (Republication No 69 indicates substantial amendment history)"],"plain_english_summary":"This is the **Crimes (Sentence Administration) Act 2005** (ACT), a comprehensive law that governs how criminal sentences are carried out in the Australian Capital Territory.\n\n**What it does:**\nThe Act sets up the machinery for managing offenders after they've been sentenced by a court. It covers everything from locking someone up to letting them serve their sentence in the community.\n\n**Key areas covered:**\n\n- **Full-time detention** (prison): Rules for committing offenders to prison, managing them in ACT or NSW facilities, and releasing them at the end of their sentence\n\n- **Intensive correction orders**: A community-based alternative to prison where offenders live at home but must follow strict conditions including curfews, drug testing, community service, and rehabilitation programs. The Sentence Administration Board monitors compliance and can suspend or cancel orders if breached\n\n- **Drug and alcohol treatment orders**: Special orders for offenders with substance abuse issues who undergo treatment as part of their sentence\n\n- **Good behaviour orders**: Court orders requiring offenders to stay out of trouble, often with conditions like community service or rehabilitation programs\n\n- **Court-imposed fines**: Detailed enforcement mechanisms including payment plans, wage garnishment, property seizure, community work orders, and imprisonment for fine defaulters\n\n- **Parole**: A system where prisoners can be released early under supervision. The Board decides who gets parole and can cancel it if conditions are breached. Includes complex \"parole time credit\" rules for when parole is cancelled\n\n- **Sentence Administration Board**: An independent body with judicial and community members that makes decisions about parole, intensive correction orders, and release on licence\n\n- **Interstate and international transfers**: Procedures for moving prisoners between jurisdictions and for transferring prisoners to/from overseas under international agreements\n\n- **Victim rights**: Requirements to notify and consult victims about parole and release decisions\n\n**Who it affects:**\nSentenced offenders, prisoners, people on community-based sentences, victims of crime, corrections staff, and the Sentence Administration Board.\n\n**Why it matters:**\nThis Act translates court sentences into actual outcomes. It balances punishment with rehabilitation, protects community safety, and ensures victims have a voice in decisions about offender release. The Act is notable for its detailed procedural requirements and its emphasis on human rights in the treatment of detainees."}},"importantCases":[],"_links":{"self":"/api/acts/crimes-sentence-administration-act-2005","history":"/api/acts/crimes-sentence-administration-act-2005/history","analysis":"/api/acts/crimes-sentence-administration-act-2005/analysis","conflicts":"/api/acts/crimes-sentence-administration-act-2005/conflicts","importantCases":"/api/acts/crimes-sentence-administration-act-2005/important-cases","documents":"/api/acts/crimes-sentence-administration-act-2005/documents"}}