{"id":"tas:act-2009-017","name":"Interstate Transfer (Community-based Sentences) Act 2009","slug":"interstate-transfer-community-based-sentences-act-2009","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"17 of 2009","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176895,"registerId":"tas-tas:act-2009-017-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Interstate Transfer (Community-based Sentences) Act 2009](/view/html/inforce/2026-04-12/act-2009-017) .","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This Act commences on a day to be proclaimed.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> > (1)  In this Act, unless the contrary intention appears –\n> > \n> > > ***community-based sentence*** means –\n> > > \n> > > > > (a) a community service order within the meaning of the [Sentencing Act 1997](/view/html/inforce/2026-04-12/act-1997-059) ; or\n> > > > \n> > > > > (b) a probation order within the meaning of the [Sentencing Act 1997](/view/html/inforce/2026-04-12/act-1997-059) ; or\n> > > > \n> > > > > (ba) [*\\[Section 3 Subsection (1) amended by No. 51 of 2017, s. 21, Applied:14 Dec 2018\\]*](/view/html/inforce/2018-12-14/act-2017-051#GS21@EN) [*\\[Section 3 Subsection (1) amended by No. 2 of 2022, Sched. 1, Applied:18 Mar 2022\\]*](/view/html/inforce/2022-03-18/act-2022-002#JS1@Ja13@GC1@Hpa@EN) a community correction order within the meaning of the [Sentencing Act 1997](/view/html/inforce/2026-04-12/act-1997-059) ; or\n> > > > \n> > > > > (c) a sentence, imposed by a court of this State, another State or a Territory, that is a member of a class of sentences prescribed by regulations made under this Act; or\n> > > > \n> > > > > (d) a sentence, imposed by a court of another State or a Territory, that corresponds, or substantially corresponds, to –\n> > > > > \n> > > > > > > (i) [*\\[Section 3 Subsection (1) amended by No. 2 of 2022, Sched. 1, Applied:18 Mar 2022\\]*](/view/html/inforce/2022-03-18/act-2022-002#JS1@Ja13@GC1@Hpb@EN) an order referred to in [paragraph (a)](#GS3@Gs1@Nd10122008541810@Hpa@EN) , [(b)](#GS3@Gs1@Nd10122008541810@Hpb@EN) or [(ba)](#GS3@Gs1@Nd10122008541810@Hpba@EN) ;\n> > > > > > \n> > > > > > > (ii) a sentence of a class prescribed by regulations made for the purposes of [paragraph (c)](#GS3@Gs1@Nd10122008541810@Hpc@EN) ;\n> > \n> > > ***corresponding authority*** means a person or body with powers, under a corresponding law of another State or a Territory, that correspond, or substantially correspond, to those of the Minister under [Parts 3](#HP3@EN) and [4](#HP4@EN) ;\n> > \n> > > ***corresponding law*** means a law, of another State or a Territory, that –\n> > > \n> > > > > (a) corresponds, or substantially corresponds, to this Act; or\n> > > > \n> > > > > (b) is declared to be a corresponding law under [subsection (2)](#GS3@Gs2@EN) ;\n> > \n> > > [*\\[Section 3 Subsection (1) amended by No. 35 of 2013, s. 4, Applied:01 May 2015\\]*](/view/html/inforce/2015-05-01/act-2013-035#GS4@Hpa@EN) ***corresponding Minister***, in relation to an interstate jurisdiction, means the person who has powers under the corresponding law of that jurisdiction that correspond to the powers of the Minister under this Act;\n> > \n> > > ***Director, Community Corrections*** means the person appointed under the [State Service Act 2000](/view/html/inforce/2026-04-12/act-2000-085) to manage probation officers working on community corrections programs under [section 88 of the](/view/html/inforce/2026-04-12/act-1997-051#GS88@EN) [Corrections Act 1997](/view/html/inforce/2026-04-12/act-1997-051) ;\n> > \n> > > [*\\[Section 3 Subsection (1) amended by No. 35 of 2013, s. 4, Applied:01 May 2015\\]*](/view/html/inforce/2015-05-01/act-2013-035#GS4@Hpb@EN) ***interstate authority*** for an interstate jurisdiction is the entity that is the local authority for the jurisdiction under the corresponding law of the jurisdiction;\n> > \n> > > [*\\[Section 3 Subsection (1) amended by No. 35 of 2013, s. 4, Applied:01 May 2015\\]*](/view/html/inforce/2015-05-01/act-2013-035#GS4@Hpb@EN) ***interstate jurisdiction*** means a participating jurisdiction other than this jurisdiction;\n> > \n> > > [*\\[Section 3 Subsection (1) amended by No. 35 of 2013, s. 4, Applied:01 May 2015\\]*](/view/html/inforce/2015-05-01/act-2013-035#GS4@Hpb@EN) ***interstate law enforcement officer***, in relation to an interstate jurisdiction, means a local law enforcement officer within the meaning of the corresponding law of that jurisdiction;\n> > \n> > > [*\\[Section 3 Subsection (1) amended by No. 35 of 2013, s. 4, Applied:01 May 2015\\]*](/view/html/inforce/2015-05-01/act-2013-035#GS4@Hpb@EN) ***interstate offender*** means an offender who is subject to an interstate sentence;\n> > \n> > > [*\\[Section 3 Subsection (1) amended by No. 35 of 2013, s. 4, Applied:01 May 2015\\]*](/view/html/inforce/2015-05-01/act-2013-035#GS4@Hpb@EN) ***interstate sentence*** means a community-based sentence in force in an interstate jurisdiction;\n> > \n> > > [*\\[Section 3 Subsection (1) amended by No. 35 of 2013, s. 4, Applied:01 May 2015\\]*](/view/html/inforce/2015-05-01/act-2013-035#GS4@Hpb@EN) ***interstate travel permit*** means an interstate travel permit issued under [section 13B](#GS13B@EN) or an interstate travel permit (however described) issued under the corresponding law of another State or a Territory;\n> > \n> > > [*\\[Section 3 Subsection (1) amended by No. 35 of 2013, s. 4, Applied:01 May 2015\\]*](/view/html/inforce/2015-05-01/act-2013-035#GS4@Hpb@EN) ***jurisdiction*** means a State or Territory of the Commonwealth;\n> > \n> > > [*\\[Section 3 Subsection (1) amended by No. 35 of 2013, s. 4, Applied:01 May 2015\\]*](/view/html/inforce/2015-05-01/act-2013-035#GS4@Hpb@EN) ***local authority*** for this jurisdiction is the Director of Corrective Services appointed under the [Corrections Act 1997](/view/html/inforce/2026-04-12/act-1997-051) or such other person as may be prescribed;\n> > \n> > > [*\\[Section 3 Subsection (1) amended by No. 35 of 2013, s. 4, Applied:01 May 2015\\]*](/view/html/inforce/2015-05-01/act-2013-035#GS4@Hpb@EN) ***local law enforcement officer*** means a correctional officer, or probation officer, within the meaning of the [Corrections Act 1997](/view/html/inforce/2026-04-12/act-1997-051) , or a police officer;\n> > \n> > > [*\\[Section 3 Subsection (1) amended by No. 35 of 2013, s. 4, Applied:01 May 2015\\]*](/view/html/inforce/2015-05-01/act-2013-035#GS4@Hpb@EN) ***local offender*** means an offender who is subject to a Tasmanian community-based sentence;\n> > \n> > > [*\\[Section 3 Subsection (1) amended by No. 35 of 2013, s. 4, Applied:01 May 2015\\]*](/view/html/inforce/2015-05-01/act-2013-035#GS4@Hpb@EN) ***local sentence*** means a community-based sentence in force in this jurisdiction;\n> > \n> > > [*\\[Section 3 Subsection (1) amended by No. 35 of 2013, s. 4, Applied:01 May 2015\\]*](/view/html/inforce/2015-05-01/act-2013-035#GS4@Hpb@EN) ***Ministerial arrangements*** means arrangements referred to in [section 13A](#GS13A@EN) ;\n> > \n> > > ***offender***, in relation to a community-based sentence, means the person on whom the sentence was imposed;\n> > \n> > > [*\\[Section 3 Subsection (1) amended by No. 35 of 2013, s. 4, Applied:01 May 2015\\]*](/view/html/inforce/2015-05-01/act-2013-035#GS4@Hpc@EN) ***originating jurisdiction***, in relation to a community-based sentence, means the jurisdiction in which the sentence was originally imposed;\n> > \n> > > [*\\[Section 3 Subsection (1) amended by No. 35 of 2013, s. 4, Applied:01 May 2015\\]*](/view/html/inforce/2015-05-01/act-2013-035#GS4@Hpc@EN) ***participating jurisdiction*** means this jurisdiction or a State or Territory of the Commonwealth declared by the regulations to be a participating jurisdiction;\n> > \n> > > ***register*** means the register established under [section 5](#GS5@EN) ;\n> > \n> > > ***Registrar*** means the Administrator of the Magistrates Court, within the meaning of that expression in the [Magistrates Court Act 1987](/view/html/inforce/2026-04-12/act-1987-045) ;\n> > \n> > > ***sentence*** means an order, decision or other sentence (however described) and includes part of a sentence;\n> > \n> > > ***serve***, in relation to a sentence, includes –\n> > > \n> > > > > (a) to comply with or satisfy the sentence; and\n> > > > \n> > > > > (b) to do anything else in accordance with the sentence;\n> > \n> > > [*\\[Section 3 Subsection (1) amended by No. 35 of 2013, s. 4, Applied:01 May 2015\\]*](/view/html/inforce/2015-05-01/act-2013-035#GS4@Hpd@EN) ***this jurisdiction*** means Tasmania;\n> > \n> > > ***transfer criteria*** means the criteria specified in [section 6(1)](#GS6@Gs1@EN) .\n> \n> > (2)  The Minister, by notice, may declare a law of another State or a Territory to be a corresponding law for the purposes of this Act.\n> \n> > (3)  A declaration may be made under [subsection (2)](#GS3@Gs2@EN) whether or not the law specified in the declaration corresponds, or substantially corresponds, to this Act.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Application","content":"### 4 Application\n\n> > (1)  This Act does not apply in relation to a sentence that was imposed by a court in this State, another State or a Territory, on a person who was not an adult at the time he or she committed the offence in relation to which the sentence was imposed.\n> \n> > (2)  This Act does not apply to –\n> > \n> > > > (a) a parole order within the meaning of [section 3 of the](/view/html/inforce/2026-04-12/act-1983-067#GS3@EN) [Parole Orders (Transfer) Act 1983](/view/html/inforce/2026-04-12/act-1983-067) ; or\n> > > \n> > > > (b) a sentence to the extent that it imposes a fine or other financial penalty, however described; or\n> > > \n> > > > (c) a sentence to the extent that it requires the offender to make a specific act of reparation to a specific person who has been caused harm or loss by the offender.","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Administration","content":"# Part 2 Administration","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Register","content":"### 5 Register\n\n> > (1)  The Registrar must establish and maintain, for the purposes of this Act, a register of sentences.\n> \n> > (2)  The register is to consist of 2 parts.\n> \n> > (3)  One part of the register is to consist of sentences registered under [Part 4](#HP4@EN) .\n> \n> > (4)  The other part of the register is to consist of entries made under [section 13(2)](#GS13@Gs2@EN) in relation to sentences that were in force in this State but which have subsequently become registered under a corresponding law pursuant to a request under [section 8](#GS8@EN) .\n> \n> > (5)  Subject to this Act, the register may be in a form determined by the Registrar.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Transfer criteria and information in relation to decisions","content":"### 6 Transfer criteria and information in relation to decisions\n\n> > (1)  In this Act, the transfer criteria in relation to a community-based sentence are –\n> > \n> > > > (a) whether a sentence that corresponds to the sentence could be made in the State (including this State) or Territory in which it is proposed to register the sentence; and\n> > > \n> > > > (b) the welfare of the offender; and\n> > > \n> > > > (c) the administration of justice in this State, another State or a Territory; and\n> > > \n> > > > (d) the protection of the community in this State, another State or a Territory; and\n> > > \n> > > > (e) whether the offender can comply with the sentence in the State (including this State) or Territory in which it is proposed to register the sentence; and\n> > > \n> > > > (f) whether the sentence can be administered safely, efficiently and effectively; and\n> > > \n> > > > (g) any other matters that are prescribed by regulations made under this Act.\n> \n> > (2)  In making a decision under this Act, the Minister may have regard to any reports from persons who are parole, prison, or correctional services authorities –\n> > \n> > > > (a) in this State; or\n> > > \n> > > > (b) in another State or a Territory in relation to which a law has been declared to be a corresponding law.\n> \n> > (3)  The Minister may send to a corresponding authority reports from persons referred to in [subsection (2)](#GS6@Gs2@EN) , so as to assist the corresponding authority to form an opinion or to exercise a discretion under a corresponding law.","sortOrder":7},{"sectionNumber":"Part 3","sectionType":"part","heading":"Transfer of Community-based Sentences from Tasmania to Another State or a Territory","content":"# Part 3 Transfer of Community-based Sentences from Tasmania to Another State or a Territory","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Offender may apply to transfer sentence to another State or a Territory","content":"### 7 Offender may apply to transfer sentence to another State or a Territory\n\n> > (1)  An offender may, in writing addressed to the Minister, request that a community-based sentence in relation to the offender that is in force under a law of this State be transferred to another State or a Territory.\n> \n> > (2)  The Minister must agree, or refuse to agree, to a request received under [subsection (1)](#GS7@Gs1@EN) from an offender.\n> \n> > (3)  In deciding whether to agree or refuse to agree under [subsection (2)](#GS7@Gs2@EN) , the Minister –\n> > \n> > > > (a) must have regard to the transfer criteria; and\n> > > \n> > > > (b) may have regard to any other matter or information that the Minister thinks fit, including any matter that has arisen since the request to which the decision relates was made.\n> \n> > (4)  The Minister may not agree to a request received under [subsection (1)](#GS7@Gs1@EN) from an offender unless the Minister is satisfied that it has been explained to the offender that, if the community-based sentence in relation to the offender is registered in another State or a Territory under a corresponding law –\n> > \n> > > > (a) the offender will be bound by the requirements of the law of the other State or the Territory; and\n> > > \n> > > > (b) a breach of the sentence may result in the offender being resentenced in the other State or the Territory; and\n> > > \n> > > > (c) the other consequences of a breach of the sentence in the other State or the Territory (in particular the penalties that may be imposed for the breach) may be different from the consequences of a breach of the sentence in this State.\n> \n> > (5)  The Minister must cause to be served on the offender from whom a request was received under [subsection (1)](#GS7@Gs1@EN) notice of –\n> > \n> > > > (a) the decision of the Minister under [subsection (2)](#GS7@Gs2@EN) in relation to the request; and\n> > > \n> > > > (b) if the Minister decided not to agree with the request, his or her reasons for not agreeing.","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Minister may request that sentence be registered in another State or a Territory","content":"### 8 Minister may request that sentence be registered in another State or a Territory\n\n> > (1)  The Minister may request the corresponding authority of another State or a Territory to register a community-based sentence that is in force under a law of this State.\n> \n> > (2)  A request under [subsection (1)](#GS8@Gs1@EN) may be accompanied by any information or documents that are required under the corresponding law or that the Minister thinks fit.\n> \n> > (3)  The Minister must not make a request under [subsection (1)](#GS8@Gs1@EN) to the corresponding authority of another State or a Territory in relation to a community-based sentence unless –\n> > \n> > > > (a) the Minister has agreed under [section 7](#GS7@EN) to a request from the offender that the sentence be transferred to that State or Territory and is satisfied that the offender consents to the registration of the sentence in that State or Territory; and\n> > > \n> > > > (b) the Minister is satisfied that there is no application for appeal or review in relation to the sentence that has not been finally determined.","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Minister may provide additional information to corresponding authority","content":"### 9 Minister may provide additional information to corresponding authority\n\n> If the Minister makes under [section 8(1)](#GS8@Gs1@EN) a request to a corresponding authority in relation to a community-based sentence, the Minister may, at the request of the corresponding authority or on the Minister's own initiative, give the authority further information about the sentence or the offender.","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Acceptance of transfer by corresponding authority subject to conditions","content":"### 10 Acceptance of transfer by corresponding authority subject to conditions\n\n> > (1)  If a corresponding authority –\n> > \n> > > > (a) agrees to a request made to the authority under [section 8(1)](#GS8@Gs1@EN) to register a community-based sentence; and\n> > > \n> > > > (b) makes the agreement subject to conditions (in this section referred to as \"**preconditions**\") being satisfied by the offender before the sentence is registered –\n> > \n> > the Minister must decide whether to agree to the registration of the sentence being subject to those preconditions being satisfied.\n> \n> > (2)  Before making a decision under [subsection (1)](#GS10@Gs1@EN) in relation to a sentence, the Minister must –\n> > \n> > > > (a) consult with the offender; and\n> > > \n> > > > (b) consider the welfare of the offender.\n> \n> > (3)  If the Minister does not agree to the registration of the sentence being subject to the preconditions specified by the corresponding authority being satisfied, the Minister must –\n> > \n> > > > (a) cause notice to be served on the offender; and\n> > > \n> > > > (b) notify the corresponding authority –\n> > \n> > that the Minister does not agree, and set out the Minister's reasons for disagreeing.","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Withdrawal of request to transfer","content":"### 11 Withdrawal of request to transfer\n\n> > (1)  An offender may, before a community-based sentence is registered in another State or a Territory, provide to the Minister a notice, in a form approved by the Minister, to the effect that the offender no longer consents to the registration of the sentence in the other State, or the Territory, specified in the notice.\n> \n> > (2)  As soon as practicable after a notice is provided to the Minister under [subsection (1)](#GS11@Gs1@EN) , the Minister must forward the notice to the relevant corresponding authority.","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Effect of registration in another State or a Territory","content":"### 12 Effect of registration in another State or a Territory\n\n> > (1)  If a community-based sentence that is in force in this jurisdiction is registered under a corresponding law of another State or a Territory –\n> > \n> > > > (a) the sentence becomes a community-based sentence in force in the State or Territory; and\n> > > \n> > > > (b) the sentence ceases to be a sentence in force in this State; and\n> > > \n> > > > (c) the offender may be dealt with in the State or Territory for a breach of the sentence, whether the breach happened before or after the sentence is registered in the State or Territory; and\n> > > \n> > > > (d) [*\\[Section 12 Subsection (1) amended by No. 35 of 2013, s. 5, Applied:01 May 2015\\]*](/view/html/inforce/2015-05-01/act-2013-035#GS5@Hpa@EN) where the sentence was, immediately before being registered in the other State or the Territory, registered under [Part 4](#HP4@EN) , it ceases to be registered under [Part 4](#HP4@EN) ; and\n> > > \n> > > > (e) [*\\[Section 12 Subsection (1) amended by No. 35 of 2013, s. 5, Applied:01 May 2015\\]*](/view/html/inforce/2015-05-01/act-2013-035#GS5@Hpb@EN) proceedings against the offender may not be commenced under the law of this jurisdiction in relation to any breach of the conditions attached to the sentence that occurred before it was registered in the interstate jurisdiction.\n> \n> > (2)  This section does not affect any right to appeal or review against –\n> > \n> > > > (a) a conviction imposed, or a finding of guilt made, in this State; or\n> > > \n> > > > (b) any sentence imposed in this State.\n> \n> > (2A)  [*\\[Section 12 Subsection (2A) inserted by No. 35 of 2013, s. 5, Applied:01 May 2015\\]*](/view/html/inforce/2015-05-01/act-2013-035#GS5@Hpc@EN) This section does not affect any sentence which –\n> > \n> > > > (a) imposes a fine or other financial penalty (however described); or\n> > > \n> > > > (b) requires the making of reparation (however described) –\n> > \n> > and, to that extent, the sentence remains a sentence in force in the jurisdiction in which it was originally imposed and may be enforced accordingly.\n> \n> > (3)  Nothing in this Part is to be taken to prevent a sentence imposed in this State and registered in another State or a Territory subsequently being registered under [Part 4](#HP4@EN) .","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Record to be made in register of transfer of sentence to another State or a Territory","content":"### 13 Record to be made in register of transfer of sentence to another State or a Territory\n\n> > (1)  If the Minister is informed that a community-based sentence that was in force in this State is registered under a corresponding law of another State or a Territory as a community-based sentence, the Minister is to direct the Registrar to make an entry in relation to the sentence in the part of the register referred to in [section 5(4)](#GS5@Gs4@EN) .\n> \n> > (2)  If the Registrar is directed under [subsection (1)](#GS13@Gs1@EN) to make an entry in relation to a sentence, he or she is to –\n> > \n> > > > (a) enter in the part of the register referred to in [section 5(4)](#GS5@Gs4@EN) the details of the offender and the sentence that the Registrar thinks fit; and\n> > > \n> > > > (b) endorse on the memorandum of sentence made by a court in this State, or the certified copy of the sentence provided by the relevant corresponding authority under [section 14(2)(b)](#GS14@Gs2@Hpb@EN) , as the case may be, a statement signed by the Registrar to the effect that the sentence is, on the date of the endorsement, registered under a corresponding law of another State or a Territory.","sortOrder":15},{"sectionNumber":"Part 3A","sectionType":"part","heading":"Reciprocal Arrangements for Administration of Local and Interstate Sentences","content":"# Part 3A Reciprocal Arrangements for Administration of Local and Interstate Sentences","sortOrder":16},{"sectionNumber":"13A","sectionType":"section","heading":"Ministerial arrangements for the administration of local and interstate sentences","content":"### 13A Ministerial arrangements for the administration of local and interstate sentences\n\n> [*\\[Section 13A Inserted by No. 35 of 2013, s. 6, Applied:01 May 2015\\]*](/view/html/inforce/2015-05-01/act-2013-035#GS6@EN)\n> \n> > (1)  The Minister may enter into arrangements with the corresponding Minister of an interstate jurisdiction so as to facilitate –\n> > \n> > > > (a) the administration, within this jurisdiction, of interstate sentences imposed under a law of the interstate jurisdiction; and\n> > > \n> > > > (b) the administration, within the interstate jurisdiction, of local sentences, either in relation to particular local offenders or interstate offenders or particular classes of local offenders or interstate offenders.\n> \n> > (2)  In particular, arrangements referred to in [subsection (1)](#GS13A@Gs1@EN) may be entered into so as to facilitate –\n> > \n> > > > (a) travel to the interstate jurisdiction by local offenders; and\n> > > \n> > > > (b) travel to this jurisdiction by interstate offenders.\n> \n> > (3)  The local authority has, and may exercise, such powers, authorities, duties and functions as are necessary, under the relevant Ministerial arrangements, for the administration of interstate sentences in relation to interstate offenders who are present in this jurisdiction.\n> \n> > (4)  For the purposes of the law of this jurisdiction with respect to local sentences, anything that is done –\n> > \n> > > > (a) by the appropriate interstate authority of an interstate jurisdiction; and\n> > > \n> > > > (b) in accordance with the relevant Ministerial arrangements; and\n> > > \n> > > > (c) in the administration of a local sentence in relation to a local offender who is present in the interstate jurisdiction –\n> > \n> > is taken to have been done pursuant to the law of this jurisdiction.","sortOrder":17},{"sectionNumber":"13B","sectionType":"section","heading":"Issue of interstate travel permit to local offender","content":"### 13B Issue of interstate travel permit to local offender\n\n> [*\\[Section 13B Inserted by No. 35 of 2013, s. 6, Applied:01 May 2015\\]*](/view/html/inforce/2015-05-01/act-2013-035#GS6@EN)\n> \n> > (1)  This section applies to a local offender whose sentence is subject to a condition (whether imposed by the sentence or otherwise) that prohibits the offender from leaving this jurisdiction without permission.\n> \n> > (2)  Permission to leave this jurisdiction may be granted, varied and revoked, and conditions of permission may be imposed and varied, in accordance with the relevant Ministerial arrangements.\n> \n> > (3)  After any permission referred to in [subsection (2)](#GS13B@Gs2@EN) is granted, the local authority –\n> > \n> > > > (a) must incorporate the terms and conditions of the permission in an interstate travel permit; and\n> > > \n> > > > (b) must issue a copy of the permit to the offender; and\n> > > \n> > > > (c) must provide –\n> > > > \n> > > > > > (i) a copy of the permit; and\n> > > > > \n> > > > > > (ii) such other documents or information about the offender as are required or authorised to be sent under the relevant Ministerial arrangements –\n> > > > \n> > > > to the interstate authority of each interstate jurisdiction to which the permit authorises travel.\n> \n> > (4)  After the terms or conditions of any permission referred to in [subsection (2)](#GS13B@Gs2@EN) are varied, the local authority –\n> > \n> > > > (a) must incorporate the terms and conditions of the permission, as varied, in an amended interstate travel permit; and\n> > > \n> > > > (b) must issue a copy of the amended permit to the offender; and\n> > > \n> > > > (c) must provide –\n> > > > \n> > > > > > (i) a copy of the amended permit; and\n> > > > > \n> > > > > > (ii) such other documents or information as are relevant to the variation –\n> > > > \n> > > > to the interstate authority of each interstate jurisdiction to which the permit authorises travel.\n> \n> > (5)  After any permission referred to in [subsection (2)](#GS13B@Gs2@EN) is revoked, the local authority must provide written notice of that fact to the offender and to the interstate authority of each interstate jurisdiction to which the permit authorised travel.\n> \n> > (6)  An interstate travel permit ceases to have effect in an interstate jurisdiction to which it authorises travel –\n> > \n> > > > (a) if written notice referred to in [subsection (5)](#GS13B@Gs5@EN) is provided to the interstate authority of that jurisdiction (regardless of whether or not the offender has received the notice); or\n> > > \n> > > > (b) if the offender is arrested pursuant to a warrant issued under the corresponding law of that jurisdiction; or\n> > > \n> > > > (c) if the timeframes for travel authorised by the travel permit lapse.","sortOrder":18},{"sectionNumber":"13C","sectionType":"section","heading":"Effect of interstate travel permit issued to local offender","content":"### 13C Effect of interstate travel permit issued to local offender\n\n> [*\\[Section 13C Inserted by No. 35 of 2013, s. 6, Applied:01 May 2015\\]*](/view/html/inforce/2015-05-01/act-2013-035#GS6@EN)\n> \n> > (1)  This section applies in respect of any period during which –\n> > \n> > > > (a) an interstate travel permit is in force in respect of a local offender; and\n> > > \n> > > > (b) the local offender is present in an interstate jurisdiction to which the permit authorises travel.\n> \n> > (2)  For the purposes of the law of this jurisdiction with respect to local sentences –\n> > \n> > > > (a) the conditions of the interstate travel permit are taken to be substituted for the conditions of the relevant local sentence; and\n> > > \n> > > > (b) any compliance or non-compliance by the offender with the conditions of the interstate travel permit are taken to be compliance or non-compliance, as the case may be, with the conditions of the relevant local sentence.","sortOrder":19},{"sectionNumber":"13D","sectionType":"section","heading":"Powers exercisable in relation to interstate offenders","content":"### 13D Powers exercisable in relation to interstate offenders\n\n> [*\\[Section 13D Inserted by No. 35 of 2013, s. 6, Applied:01 May 2015\\]*](/view/html/inforce/2015-05-01/act-2013-035#GS6@EN)\n> \n> > (1)  This section applies to an interstate offender –\n> > \n> > > > (a) who holds an interstate travel permit that authorises the offender to travel to this jurisdiction; and\n> > > \n> > > > (b) who is present in this jurisdiction.\n> \n> > (2)  The local authority may issue a warrant for the offender's arrest –\n> > \n> > > > (a) if advised by the relevant interstate authority that the interstate travel permit is no longer in force in this jurisdiction; or\n> > > \n> > > > (b) if of the opinion that the offender has failed to comply with the conditions of the interstate travel permit.\n> \n> > (3)  A warrant under [subsection (2)](#GS13D@Gs2@EN) is sufficient authority for a local law enforcement officer –\n> > \n> > > > (a) to arrest the offender; and\n> > > \n> > > > (b) to convey the offender to a place specified in the warrant (whether in this jurisdiction or an interstate jurisdiction); and\n> > > \n> > > > (c) to deliver the offender into the custody of an interstate law enforcement officer of the jurisdiction in which the interstate travel permit was issued.\n> \n> > (4)  For the avoidance of doubt, a warrant issued under [subsection (2)](#GS13D@Gs2@EN) authorises a local law enforcement officer to convey the offender within or across any interstate jurisdiction for the purpose of taking the offender to a place specified in the warrant.","sortOrder":20},{"sectionNumber":"13E","sectionType":"section","heading":"Powers of interstate law enforcement officers","content":"### 13E Powers of interstate law enforcement officers\n\n> [*\\[Section 13E Inserted by No. 35 of 2013, s. 6, Applied:01 May 2015\\]*](/view/html/inforce/2015-05-01/act-2013-035#GS6@EN) A warrant issued under the corresponding law of an interstate jurisdiction that authorises an interstate law enforcement officer of that jurisdiction to convey an interstate offender or local offender within or across this jurisdiction for the purpose of taking the offender to a place specified in the warrant has effect, in this jurisdiction, according to its tenor.","sortOrder":21},{"sectionNumber":"13F","sectionType":"section","heading":"Operation of Service and Execution of Process Act 1992 of the Commonwealth","content":"### 13F Operation of Service and Execution of Process Act 1992 of the Commonwealth\n\n> [*\\[Section 13F Inserted by No. 35 of 2013, s. 6, Applied:01 May 2015\\]*](/view/html/inforce/2015-05-01/act-2013-035#GS6@EN) Nothing in this Act limits or otherwise affects the operation of the *Service and Execution of Process Act 1992* of the Commonwealth.","sortOrder":22},{"sectionNumber":"Part 4","sectionType":"part","heading":"Transfer to Tasmania of Community-based Sentences of Another State or a Territory","content":"# Part 4 Transfer to Tasmania of Community-based Sentences of Another State or a Territory","sortOrder":23},{"sectionNumber":"14","sectionType":"section","heading":"Requests from interstate for registration of sentences in this State","content":"### 14 Requests from interstate for registration of sentences in this State\n\n> > (1)  A corresponding authority of another State or a Territory may request the Minister to register under this Part a community-based sentence that is in force in the State or Territory.\n> \n> > (2)  A request under [subsection (1)](#GS14@Gs1@EN) for registration of a community-based sentence under this Part must be accompanied by –\n> > \n> > > > (a) details of the name, date of birth and last-known address of the offender; and\n> > > \n> > > > (b) a copy, certified by the corresponding authority, of the community-based sentence and of any amendment made to it; and\n> > > \n> > > > (c) a copy, certified by the corresponding authority, of the judgment, or order, to which the sentence relates.\n> \n> > (3)  The Minister may request a corresponding authority from which the Minister has received a request under [subsection (1)](#GS14@Gs1@EN) to provide further information in relation to the offender, or the community-based sentence, to which the request under [subsection (1)](#GS14@Gs1@EN) relates.","sortOrder":24},{"sectionNumber":"15","sectionType":"section","heading":"Minister may agree to register interstate community-based sentences","content":"### 15 Minister may agree to register interstate community-based sentences\n\n> > (1)  The Minister must, after receiving a request under [section 14](#GS14@EN) from a corresponding authority, agree, or refuse to agree, to the registration under this Part of the community-based sentence to which the request relates.\n> \n> > (2)  The Minister, in deciding under [subsection (1)](#GS15@Gs1@EN)  whether to agree or to refuse to agree to the registration under this Part of a community-based sentence –\n> > \n> > > > (a) must have regard to the transfer criteria; and\n> > > \n> > > > (b) may have regard to any other matter or information that the Minister thinks fit, including any matter that has arisen since the request to which the decision relates was made.\n> \n> > (3)  The Minister must not agree under [subsection (1)](#GS15@Gs1@EN) to the registration of a community-based sentence under this Part unless he or she is satisfied that the offender consents to the registration of the sentence in this State.\n> \n> > (4)  The Minister must not agree under [subsection (1)](#GS15@Gs1@EN) to the registration of a community-based sentence unless the agreement is subject to the condition (in this section referred to as the \"**mandatory precondition**\") that the registration will not take place unless the offender reports, to a person who is specified in the notice given to the offender under [subsection (8)](#GS15@Gs8@EN) , at a time and place in this State –\n> > \n> > > > (a) specified in the notice; or\n> > > \n> > > > (b) agreed between the person and the offender.\n> \n> > (5)  The Minister may agree under [subsection (1)](#GS15@Gs1@EN) to the registration of a community-based sentence on the condition that the registration will not take place unless the offender complies with certain conditions (in this section referred to as \"**individual preconditions**\").\n> \n> > (6)  Individual preconditions specified under [subsection (5)](#GS15@Gs5@EN) are to be conditions that will show that the offender can comply, and is willing to comply, with the community-based sentence in this jurisdiction.\n> \n> > (7)  If the Minister refuses to agree to the registration of a community-based sentence under this Part, the Minister must –\n> > \n> > > > (a) cause notice of the refusal and the reasons for the refusal to be served on the offender; and\n> > > \n> > > > (b) notify in writing the relevant corresponding authority of the refusal and the reasons for the refusal.\n> \n> > (8)  If the Minister agrees to the registration of a community-based sentence under this Part, the Minister must cause notice of the mandatory precondition –\n> > \n> > > > (a) to be served on the offender; and\n> > > \n> > > > (b) to be given in writing to the relevant corresponding authority.\n> \n> > (9)  If the Minister agrees to the registration of a community-based sentence under this Part on the condition that the registration will not take place unless the offender complies with individual preconditions, the Minister must cause notice of the individual preconditions –\n> > \n> > > > (a) to be served on the offender; and\n> > > \n> > > > (b) to be given in writing to the relevant corresponding authority.\n> \n> > (10)  The Minister may, before a community-based sentence is registered under this Part, amend or revoke any individual preconditions specified in a notice to the offender and the relevant corresponding authority under [subsection (9)](#GS15@Gs9@EN) .\n> \n> > (11)  The Minister must cause notice of an amendment or revocation under [subsection (10)](#GS15@Gs10@EN) of individual preconditions in relation to an offender –\n> > \n> > > > (a) to be served on the offender; and\n> > > \n> > > > (b) to be given in writing to the relevant corresponding authority.","sortOrder":25},{"sectionNumber":"16","sectionType":"section","heading":"Offender may withdraw request for registration","content":"### 16 Offender may withdraw request for registration\n\n> > (1)  An offender in relation to whom a request has been made under [section 15](#GS15@EN) may, at any time before the community-based sentence to which the request relates is registered under this Part, by notice in writing to the Minister, withdraw his or her consent to the registration of the sentence.\n> \n> > (2)  The Minister, as soon as practicable after receiving a notice from an offender under [subsection (1)](#GS16@Gs1@EN) , must give notice, in writing, of the withdrawal of consent to the corresponding authority which made a request under [section 15](#GS15@EN) in relation to the offender.","sortOrder":26},{"sectionNumber":"17","sectionType":"section","heading":"Registration of sentence","content":"### 17 Registration of sentence\n\n> > (1)  The Minister must direct the Registrar to register a community-based sentence under this Part, if the Minister is satisfied that –\n> > \n> > > > (a) the mandatory precondition to which the sentence is subject under [section 15(4)](#GS15@Gs4@EN) ; and\n> > > \n> > > > (b) any individual preconditions to which the sentence is subject under [section 15(5)](#GS15@Gs5@EN)  –\n> > \n> > have been satisfied.\n> \n> > (2)  The Minister must not direct the Registrar to register a community-based sentence under this Part unless the Minister is satisfied that the offender has not withdrawn under [section 16](#GS16@EN) his or her consent to the registration of the sentence.\n> \n> > (3)  The Minister may, in a direction under [subsection (1)](#GS17@Gs1@EN) , direct the Registrar to register a community-based sentence under this Part as a community-based sentence that is to be taken to be –\n> > \n> > > > (a) a community service order within the meaning of the [Sentencing Act 1997](/view/html/inforce/2026-04-12/act-1997-059) ; or\n> > > \n> > > > (ab) [*\\[Section 17 Subsection (3) amended by No. 51 of 2017, s. 22, Applied:14 Dec 2018\\]*](/view/html/inforce/2018-12-14/act-2017-051#GS22@EN) a community correction order within the meaning of the [Sentencing Act 1997](/view/html/inforce/2026-04-12/act-1997-059) ; or\n> > > \n> > > > (b) a probation order within the meaning of the [Sentencing Act 1997](/view/html/inforce/2026-04-12/act-1997-059) ; or \n> > > \n> > > > (c) a member of a class of sentences, specified in the direction, that has been prescribed in regulations made for the purposes of [paragraph (c)](#GS3@Gs1@Nd10122008541811@Hpc@EN) of the definition of \"community-based sentence\" in [section 3](#GS3@EN) .\n> \n> > (4)  If the Registrar is directed under [subsection (1)](#GS17@Gs1@EN) to register a community-based sentence under this Part, he or she must –\n> > \n> > > > (a) register the sentence by entering in the part of the register referred to in [section 5(3)](#GS5@Gs3@EN) the details of the offender and the sentence, including the details of any direction given in accordance with [subsection (3)](#GS17@Gs3@EN) ; and\n> > > \n> > > > (b) endorse on the certified copy of the sentence provided by the relevant corresponding authority under [section 14(2)(b)](#GS14@Gs2@Hpb@EN) a statement signed by the Registrar to the effect that the sentence is, on the date of the endorsement, registered under this Act; and\n> > > \n> > > > (c) keep the endorsed certified copy of the sentence together with the copy of the judgment or order to which the sentence relates that was provided to the Minister by the corresponding authority under [section 14(2)(c)](#GS14@Gs2@Hpc@EN) .\n> \n> > (5)  The Registrar must cause notice in writing of the registration of a sentence under this Part –\n> > \n> > > > (a) to be given in writing to the corresponding authority from which the request in relation to the sentence was received under [section 14](#GS14@EN) ; and\n> > > \n> > > > (b) to be served on the offender.","sortOrder":27},{"sectionNumber":"18","sectionType":"section","heading":"Effect of registration under this Part","content":"### 18 Effect of registration under this Part\n\n> > (1)  If a community-based sentence is registered under this Part –\n> > \n> > > > (a) the sentence becomes a community-based sentence in force in this State; and\n> > > \n> > > > (b) the sentence is to be taken to have been validly imposed by a court of petty sessions; and\n> > > \n> > > > (c) the sentence continues to apply to the offender in accordance with its terms despite anything to the contrary in another law of this State; and\n> > > \n> > > > (d) the offence for which the sentence was imposed is taken to be an offence against the law of this State and not an offence against the law of the other State or the Territory under which the sentence was originally imposed or in which the sentence was registered under a corresponding law; and\n> > > \n> > > > (e) the penalty that may be imposed for the offence for which the sentence was imposed is taken to be the penalty that may be imposed for the offence under the law of the State or Territory in which the sentence was imposed and not the penalty that may be imposed for an offence of that kind, if any, under the law of this State; and\n> > > \n> > > > (f) any part of the sentence served in another State or a Territory before the sentence was registered under this Act is to be taken to have been served in this State; and\n> > > \n> > > > (g) the offender may be dealt with in this State for a breach of the sentence, whether the breach occurred before or after the sentence was registered under this Part; and\n> > > \n> > > > (h) [*\\[Section 18 Subsection (1) amended by No. 51 of 2017, s. 23, Applied:14 Dec 2018\\]*](/view/html/inforce/2018-12-14/act-2017-051#GS23@EN) if the sentence is registered, in accordance with a direction under [section 17(1)](#GS17@Gs1@EN) given in accordance with [section 17(3)](#GS17@Gs3@EN) , as a sentence that is to be taken to be a community service order, a community correction order, or a probation order, within the meaning of the [Sentencing Act 1997](/view/html/inforce/2026-04-12/act-1997-059) or to be a member of a class of sentences, the sentence is to be treated for all purposes as such an order or sentence; and\n> > > \n> > > > (i) the law of this State applies to the sentence and any breach of the sentence with the changes, if any, that may be prescribed by regulations made under this Act.\n> \n> > (2)  This section does not affect a right, in the State or Territory in which a sentence was originally made, or in which the sentence was in force under a corresponding law, to an appeal or a review against –\n> > \n> > > > (a) a conviction imposed, or a finding of guilt made, in another State or a Territory; or\n> > > \n> > > > (b) a sentence imposed in another State or a Territory.\n> \n> > (2A)  [*\\[Section 18 Subsection (2A) inserted by No. 35 of 2013, s. 7, Applied:01 May 2015\\]*](/view/html/inforce/2015-05-01/act-2013-035#GS7@Hpa@EN) [Subsection (1)(e)](#GS18@Gs1@Hpe@EN) applies only for the purpose of determining the penalty to be imposed for the relevant offence in circumstances in which the offender is, under the law of this jurisdiction, re-sentenced in relation to that offence.\n> \n> > (3)  A sentence or decision imposed or made on an appeal or review referred to in [subsection (2)](#GS18@Gs2@EN) has effect in this State as if it were validly imposed or made on an appeal or review in this State.\n> \n> > (4)  This section does not give to the offender a right to an appeal or review in this State in relation to the conviction, finding or imposition of a sentence referred to in [subsection (2)](#GS18@Gs2@EN) .\n> \n> > (5)  [*\\[Section 18 Subsection (5) inserted by No. 35 of 2013, s. 7, Applied:01 May 2015\\]*](/view/html/inforce/2015-05-01/act-2013-035#GS7@Hpb@EN) This section does not apply to an interstate sentence to the extent to which –\n> > \n> > > > (a) it imposes a fine or other financial penalty (however described); or\n> > > \n> > > > (b) it requires the making of reparation (however described).","sortOrder":28},{"sectionNumber":"Part 5","sectionType":"part","heading":"Correction of Information in Registers","content":"# Part 5 Correction of Information in Registers","sortOrder":29},{"sectionNumber":"19","sectionType":"section","heading":"Amendment of registration in another State or a Territory","content":"### 19 Amendment of registration in another State or a Territory\n\n> > (1)  This subsection applies in relation to a community-based sentence that was in force in this State if –\n> > \n> > > > (a) the sentence is registered in another State or a Territory; and\n> > > \n> > > > (b) the Minister becomes aware that the information about the sentence, or the offender, recorded in the register kept under a corresponding law in the other State or the Territory is not, or is no longer, accurate.\n> \n> > (2)  If [subsection (1)](#GS19@Gs1@EN) applies in relation to a community-based sentence, the Minister must inform the corresponding authority of the State or the Territory in which the sentence is registered how the information, about the sentence or the offender, that is in the register in the other State or the Territory needs to be changed in order to be made accurate.\n> \n> > (3)  Without limiting [subsection (2)](#GS19@Gs2@EN) , the Minister must inform the corresponding authority of –\n> > \n> > > > (a) any part of the sentence served in this State in the period between the making to the corresponding authority of the request under [section 8](#GS8@EN) in relation to the sentence and its registration under the corresponding law; or\n> > > \n> > > > (b) the outcome of any appeal or review in this State after the sentence was imposed.","sortOrder":30},{"sectionNumber":"20","sectionType":"section","heading":"Amendment of registration and records","content":"### 20 Amendment of registration and records\n\n> > (1)  The Registrar may amend the details in the register in respect of –\n> > \n> > > > (a) the registration of a community-based sentence under [Part 4](#HP4@EN) ; or\n> > > \n> > > > (b) an entry in the register made under [section 13](#GS13@EN) .\n> \n> > (2)  The Minister, after receiving a request, from the corresponding authority that made a request for registration under [section 14](#GS14@EN) in relation to an offender, to amend the details of the registration of the offender under [Part 4](#HP4@EN) , may direct the Registrar to amend the details of the registration of the offender under [Part 4](#HP4@EN) accordingly.\n> \n> > (3)  The Registrar must cause notice in writing of any amendment made under this section –\n> > \n> > > > (a) to be given in writing to the corresponding authority; and\n> > > \n> > > > (b) to be served on the offender.","sortOrder":31},{"sectionNumber":"21","sectionType":"section","heading":"Dispute about accuracy of information","content":"### 21 Dispute about accuracy of information\n\n> > (1)  This subsection applies if –\n> > \n> > > > (a) a community-based sentence that was in force in this State is registered in another State or a Territory; and\n> > > \n> > > > (b) the Minister receives from the corresponding authority of the State or the Territory notice of a relevant claim made by the offender.\n> \n> > (2)  A relevant claim made by an offender is a claim, made by the offender in writing to the corresponding authority of the other State or the Territory, that specifies –\n> > \n> > > > (a) that information recorded about the offender, or a community-based sentence in relation to the offender, in a register kept under a corresponding law in that State or Territory is not accurate or is no longer accurate; and\n> > > \n> > > > (b) how the information is inaccurate.\n> \n> > (3)  If [subsection (1)](#GS21@Gs1@EN) applies, the Minister must check whether the information to which the offender's claim relates is accurate or not.\n> \n> > (4)  If the Minister is satisfied that the information in the register to which the offender's claim relates is accurate, the Minister must, in writing, inform the corresponding authority and the offender accordingly.\n> \n> > (5)  If the Minister is satisfied that the information in the register to which the offender's claim relates is not accurate or is no longer accurate, the Minister must, in writing –\n> > \n> > > > (a) inform the corresponding authority and provide to the authority the accurate information; and\n> > > \n> > > > (b) inform the offender about the information that the Minister has provided to the corresponding authority under [paragraph (a)](#GS21@Gs5@Hpa@EN) .","sortOrder":32},{"sectionNumber":"Part 6","sectionType":"part","heading":"Miscellaneous","content":"# Part 6 Miscellaneous","sortOrder":33},{"sectionNumber":"22","sectionType":"section","heading":"Application to court to alter sentence to enable registration in another State or a Territory","content":"### 22 Application to court to alter sentence to enable registration in another State or a Territory\n\n> > (1)  An offender who is subject to a community-based sentence may apply to the court that imposed (or is to be taken, under [section 18(1)](#GS18@Gs1@EN) , to have imposed) the community-based sentence, to have the sentence reviewed, so as to make the sentence a sentence of a kind that is able to be registered under a corresponding law.\n> \n> > (2)  If an application under [subsection (1)](#GS22@Gs1@EN) is made to the Supreme Court, a copy of the application and notification of the time and place of the hearing of the application is to be served, at least 7 days before the hearing, on –\n> > \n> > > > (a) the Director of Public Prosecutions; and\n> > > \n> > > > (b) the Director, Community Corrections.\n> \n> > (3)  If an application under [subsection (1)](#GS22@Gs1@EN) is made to a court of petty sessions, a copy of the application and notification of the time and place of the hearing of the application is to be served, at least 7 days before the hearing, on –\n> > \n> > > > (a) the Commissioner of Police; and\n> > > \n> > > > (b) the Director, Community Corrections.\n> \n> > (4)  Subject to [subsection (5)](#GS22@Gs5@EN) , at the hearing of an application under [subsection (1)](#GS22@Gs1@EN) , the court may –\n> > \n> > > > (a) vary the community-based sentence; or\n> > > \n> > > > (b) cancel the sentence and deal with the offender for the offence or offences in respect of which it was made in any manner in which the court could deal with the offender had it just found the offender guilty of that offence or those offences.\n> \n> > (5)  The court must not vary the sentence, or deal with the offender in any manner, except in so far as the variation or dealing is necessary to make the sentence a sentence of a kind that is able to be registered under a corresponding law.\n> \n> > (6)  At the hearing of the application, the court may refuse to vary or cancel the sentence.\n> \n> > (7)  If an application under [subsection (1)](#GS22@Gs1@EN) is made in relation to a sentence that is a community service order within the meaning of the [Sentencing Act 1997](/view/html/inforce/2026-04-12/act-1997-059) , any variation or cancellation of the sentence under this section is to be taken to have been made under [section 35 of the](/view/html/inforce/2026-04-12/act-1997-059#GS35@EN) [Sentencing Act 1997](/view/html/inforce/2026-04-12/act-1997-059) .\n> \n> > (7A)  [*\\[Section 22 Subsection (7A) inserted by No. 51 of 2017, s. 24, Applied:14 Dec 2018\\]*](/view/html/inforce/2018-12-14/act-2017-051#GS24@EN) If an application under [subsection (1)](#GS22@Gs1@EN) is made in relation to a sentence that is a community correction order within the meaning of the [Sentencing Act 1997](/view/html/inforce/2026-04-12/act-1997-059) , any variation or cancellation of the sentence under this section is to be taken to have been made under section 42AU of the [Sentencing Act 1997](/view/html/inforce/2026-04-12/act-1997-059) .\n> \n> > (8)  If an application under [subsection (1)](#GS22@Gs1@EN) is made in relation to a sentence that is a probation order within the meaning of the [Sentencing Act 1997](/view/html/inforce/2026-04-12/act-1997-059) , any variation or cancellation of the sentence under this section is to be taken to have been made under [section 41 of the](/view/html/inforce/2026-04-12/act-1997-059#GS41@EN) [Sentencing Act 1997](/view/html/inforce/2026-04-12/act-1997-059) .","sortOrder":34},{"sectionNumber":"23","sectionType":"section","heading":"Delegation","content":"### 23 Delegation\n\n> > (1)  The Minister may delegate any of his or her functions or powers under this Act other than this power of delegation.\n> \n> > (2)  The Registrar may delegate any of his or her functions or powers under this Act other than this power of delegation.\n> \n> > (3)  [*\\[Section 23 Subsection (3) inserted by No. 35 of 2013, s. 8, Applied:01 May 2015\\]*](/view/html/inforce/2015-05-01/act-2013-035#GS8@EN) The local authority may delegate any of his or her functions or powers under this Act other than this power of delegation.","sortOrder":35},{"sectionNumber":"24","sectionType":"section","heading":"Evidence","content":"### 24 Evidence\n\n> > (1)  An instrument in writing that purports –\n> > \n> > > > (a) to be a copy of a sentence on which a statement is endorsed in accordance with [section 17(4)(b)](#GS17@Gs4@Hpb@EN) on a specified date; and\n> > > \n> > > > (b) to have been signed by the Registrar –\n> > \n> > is, until the contrary is proved, evidence that the sentence was registered under this Act on that date.\n> \n> > (2)  A community-based sentence made under a law of another State or a Territory and registered under [Part 4](#HP4@EN) may be received in evidence in any court without further proof, by the production of a copy of the sentence certified as a true copy by the Registrar.\n> \n> > (3)  A copy of a sentence certified by the Registrar under [subsection (2)](#GS24@Gs2@EN) is, until the contrary is proved, evidence of the matters stated in the sentence.","sortOrder":36},{"sectionNumber":"25","sectionType":"section","heading":"Regulations","content":"### 25 Regulations\n\n> > (1)  The Governor may make regulations for the purposes of this Act.\n> \n> > (2)  The regulations may be made so as to apply differently according to such factors as are specified in the regulations.\n> \n> > (3)  The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the relevant provision or provisions of this Act.","sortOrder":37},{"sectionNumber":"26","sectionType":"section","heading":"Administration of Act","content":"### 26 Administration of Act\n\n> Until provision is made in relation to this Act by order under [section 4 of the](/view/html/inforce/2026-04-12/act-1990-004#GS4@EN) [Administrative Arrangements Act 1990](/view/html/inforce/2026-04-12/act-1990-004)  –\n> \n> > > (a) the administration of this Act is assigned to the Minister for Corrections and Consumer Protection; and\n> > \n> > > (b) the department responsible to that Minister in relation to the administration of this Act is the Department of Justice.","sortOrder":38}],"analysis":{"issue_detection":{"absurdities":[{"type":"other","section":"Status Information / Currency of version","severity":"low","reasoning":"The currency statement is self-referentially awkward. If the file was last modified 21 March 2022, then either no amendments have been made in four years (plausible but notable for a community-based sentencing transfer scheme) or the update obligation has not been met. The '3 working days' update guarantee becomes meaningless if no updates have occurred, but the statement of that guarantee implies ongoing relevance of the obligation.","confidence":0.55,"description":"The legislation states it is 'current from 18 March 2022 to date' but the access date is listed as 5 April 2026, while the file was last modified 21 March 2022. This creates a temporal ambiguity: the phrase 'to date' is inherently ambulatory, yet the static modification date suggests no updates have occurred in four years, undermining the site's own claim that legislation is 'usually updated within 3 working days after a change.'"},{"type":"other","section":"Header / Title block","severity":"low","reasoning":"The duplicated and partially truncated title ('Interstate Transfer (Community Interstate Transfer (Community...') could in a strict interpretive sense raise a question about the correct short title of the Act, which is normally a defined and singular expression under s.10 of the Acts Interpretation Act 1931 (Tas). In practice this is a rendering error, but it is a formal absurdity in the published authoritative version.","confidence":0.45,"description":"The Act title is repeated at least four times verbatim in the header material ('Interstate Transfer (Community-based Sentences) Act 2009' and 'Interstate Transfer (Community Interstate Transfer (Community-based Sentences) Act 2009'). One instance appears as a truncated and then immediately re-stated form, suggesting a structural drafting or formatting error that, while likely a publishing artefact, creates ambiguity as to the authoritative title of the instrument."},{"type":"other","section":"Status Information block (repeated)","severity":"low","reasoning":"While this is almost certainly a rendering/scraping artefact rather than a substantive drafting flaw, the document as presented is the version accessed from the official consolidated legislation site. An authoritative legal instrument that repeats all its own metadata headings creates a superficial but genuine formal inconsistency in the published law.","confidence":0.4,"description":"Every heading and section within the Status Information block is duplicated, with each appearing twice consecutively (e.g., 'Status Information Status Information', 'Currency of version Currency of version', 'Authorisation Authorisation'). The published authoritative consolidated version of an Act doubling all its own structural headings creates an internal incoherence about what constitutes the authoritative text."}],"contradictions":[{"severity":"low","section_a":"Status Information – 'Legislation on this site is usually updated within 3 working days after a change to the legislation.'","section_b":"Status Information – 'File last modified 21 March 2022' / 'Version current from 18 March 2022 to date (accessed 5 April 2026 at 13:19)'","confidence":0.5,"description":"The site asserts a near-real-time update obligation (within 3 working days of any change), yet the file modification date of 21 March 2022 and unchanged currency date from 18 March 2022 through to April 2026 are in tension with that assurance. If amendments had been made and the 3-day rule honoured, the modification date would be more recent. If no amendments have been made, the 3-day assurance is vacuous as applied to this instrument. Either way, the two statements do not coherently coexist as meaningful legal information."}]},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act's scope has been expanded by later amendments recorded in the text. Notable changes include adding Part 3A (ministerial reciprocal arrangements, interstate travel permits and cross-jurisdictional enforcement powers) (ss 13A–13F, inserted 2013), inclusion of 'community correction order' in the definition of community-based sentence (s 3(1)(ba), amended 2017/2022), and related amendments to registration and effect provisions (ss 12, 17, 18). These amendments broaden operational tools and administrative duties compared with the original enactment."},"complexity_factors":["Cross-jurisdictional coordination: requires interaction with corresponding authorities and corresponding laws in other States/Territories (definitions and ss 3, 8, 9, 14).","Ministerial discretion: Minister must agree or refuse transfer/registration and may consider broad matters beyond the transfer criteria (ss 7(2)–(3), 15(1)–(2)).","Mandatory and individual preconditions: registrations may be subject to mandatory reporting precondition and other conditions that must be satisfied before registration (ss 15(4)–(6), 17(1)).","Registers and record-keeping: Registrar duties to create/maintain two-part register and endorse certified sentences, with amendment and notice obligations (ss 5, 13, 17, 20).","Reciprocal administrative arrangements and travel permits: inserted Part 3A creates ministerial arrangements, interstate travel permits, and powers to arrest/transfer offenders across borders (ss 13A–13F).","Effect on enforcement and appeals: registration changes which jurisdiction deals with breaches, while preserving rights of appeal/review in originating jurisdiction (ss 12, 18).","Delegation and information flow: multiple delegation powers and provisions authorise sharing of reports and further information between jurisdictions (ss 9, 23, 6(2)–(3)).","Regulatory and amendment complexity: broad regulation-making power plus multiple amendment history and interplay with Sentencing Act definitions increases interpretive complexity (ss 3, 25; amendment notes throughout)."],"plain_english_summary":"This Act governs how community-based sentences (like community service, probation or similar orders) can be transferred between Tasmania and other Australian states or territories. It lets offenders apply to move their sentence interstate, requires Ministerial approval using specified transfer criteria, establishes a register, and creates rules for interstate travel permits and reciprocal administration.\n\nIt affects offenders, the Minister, the Registrar and local/interstate corrective authorities because it shifts who enforces sentences, creates consent, reporting and precondition obligations on offenders, and requires inter-jurisdictional information-sharing."},"summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"Based on the available text, the Act appears to remain focused on its original and clearly stated purpose: facilitating the interstate transfer of community-based sentences. There is no evident scope creep or significant departure from the original legislative intent. The 2022 amendment appears to be a routine update rather than a substantive change in scope."},"complexity_factors":["Involves multi-jurisdictional legal coordination between Tasmania and all other Australian states and territories","Requires understanding of both Tasmanian law and corresponding interstate legislation for sentences to be validly transferred","Community-based sentencing encompasses a range of different order types (probation, community service, good behaviour bonds, etc.), each with potentially different transfer implications","Administrative processes involving multiple government departments and corrections authorities across jurisdictions","Conditions of sentences may need to be modified or re-interpreted when transferred to a different legal framework","Limited detail visible in the provided text — the full operational complexity of the Act (transfer procedures, eligibility criteria, appeal rights) cannot be fully assessed from this excerpt alone"],"plain_english_summary":"This Act lets people serving community-based sentences (e.g., community service, bonds, probation) have those orders transferred between Tasmania and other Australian states and territories. It affects offenders wishing to move interstate, and the supervising correctional authorities who must take over supervision. By allowing sentences to follow a person across borders, it prevents breaches for relocating individuals and supports continuous supervision and rehabilitation."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The original 2009 Act focused on permanent transfer of sentences between jurisdictions (Parts 1-4, 5-6). The 2013 amendments (No. 35 of 2013) added Part 3A, creating a significant expansion into temporary interstate travel permits without full sentence transfer. This shifted the Act from purely 'transfer' mechanics to ongoing 'administration' of sentences across borders, effectively creating a dual-track system: permanent transfers (Parts 3-4) and temporary travel arrangements (Part 3A). The 2017 and 2022 amendments further expanded coverage by adding 'community correction orders' to the sentence types, reflecting sentencing law changes rather than scope creep per se."},"complexity_factors":["22 defined terms in section 3, many with nested sub-definitions (e.g., 'community-based sentence' has 4 paragraphs with sub-sub-paragraphs)","Extensive cross-referencing to external legislation (Sentencing Act 1997, Corrections Act 1997, Parole Orders (Transfer) Act 1983, Commonwealth Service and Execution of Process Act 1992)","Multiple amendment notations embedded in text (e.g., '[Section 3 Subsection (1) amended by No. 35 of 2013...]') creating visual clutter","Bilateral procedural requirements — many sections require coordinated action between Tasmanian Minister and 'corresponding authorities' of other jurisdictions","Conditional logic with multiple preconditions: mandatory preconditions (section 15(4)), individual preconditions (section 15(5)), and satisfaction requirements before registration (section 17)","Part 3A (sections 13A-13F) inserted later (2013) adds a parallel but distinct scheme for temporary travel permits, creating overlapping but separate administrative tracks","Deeming provisions in section 18 that treat foreign sentences as Tasmanian sentences 'for all purposes' with specific exceptions","Nested exceptions: section 4 excludes youth offenders, parole orders, fines, and reparation orders; section 18(5) further excludes financial penalties and reparation from registration effects"],"plain_english_summary":"**What this law does:**\n\nThis Act creates a system for moving community-based sentences (like probation, community service, or community correction orders) between Australian states and territories. It lets people serving non-prison sentences in Tasmania move to another state or territory to serve their sentence there, and vice versa.\n\n**Who it affects:**\n\n- **Offenders** serving community-based sentences who want or need to move interstate\n- **Courts** that impose these sentences and may need to modify them for interstate transfer\n- **The Minister** (and delegated officials) who decides whether to approve transfers\n- **Community corrections staff** who supervise offenders\n- **Other states and territories** that have matching laws (\"corresponding laws\")\n\n**How it works:**\n\n- **Part 3** — Getting out of Tasmania: An offender can ask to transfer their sentence to another state. The Minister checks if the sentence type exists in the destination state, considers the person's welfare, community safety, and whether they can comply with the sentence there. If approved, the other state registers the sentence, and Tasmania stops supervising it.\n\n- **Part 3A** — Short-term travel: Added later (2013), this lets offenders get permits to travel interstate temporarily without fully transferring their sentence. The local authority issues \"interstate travel permits\" with conditions, and can arrest offenders who breach these permits.\n\n- **Part 4** — Coming to Tasmania: Other states can ask Tasmania to register their sentences here. The Minister must ensure the offender consents and meets preconditions (like reporting to a specified person). Once registered, the sentence is treated as if a Tasmanian court imposed it.\n\n- **Part 5** — Keeping records straight: Procedures to correct information in registers when errors are found.\n\n**Why it matters:**\n\nWithout this law, someone sentenced to community service in Tasmania who needs to move to Victoria for work or family would be stuck — either unable to move or facing breach proceedings for leaving the state. This Act prevents people from being trapped by their sentence location while ensuring community safety and sentence compliance are maintained across borders.\n\n**Key limits:**\n- Only applies to adults (not youth sentences)\n- Doesn't cover parole orders (separate law) or fines/reparation orders\n- Requires consent from the offender\n- The destination state must have a \"corresponding law\" allowing transfers"},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/interstate-transfer-community-based-sentences-act-2009","history":"/api/acts/interstate-transfer-community-based-sentences-act-2009/history","analysis":"/api/acts/interstate-transfer-community-based-sentences-act-2009/analysis","conflicts":"/api/acts/interstate-transfer-community-based-sentences-act-2009/conflicts","importantCases":"/api/acts/interstate-transfer-community-based-sentences-act-2009/important-cases","documents":"/api/acts/interstate-transfer-community-based-sentences-act-2009/documents"}}