Community Based Sentences (Interstate Transfer) Act 2020
In ForceQLD
Jurisdiction
Queensland
Act Number
8 of 2020
Collection
act
Plain English Summary
6/10 complexity
Mechanically, the Act allows participating jurisdictions to transfer and register adult community-based sentences across borders, turning an interstate sentence into a local sentence once registered and enabling reciprocal administration, travel permits and enforcement. It is intended to facilitate transfers and Ministerial arrangements with interstate counterparts. It affects adult offenders serving community-based sentences, corrective services and police by imposing administrative steps, documentary requirements, and discretion for the local authority to accept, condition or refuse registrations.
The Community Based Sentences (Interstate Transfer) Act 2020 sets up an administrative framework for transferring community based sentences between participating Australian jurisdictions by registration, and for making reciprocal arrangements to administer sentences and authorise travel by offenders. The mechanics in the Act turn what is commonly an interstate mobility problem into a register-and-administer process under the law of the receiving jurisdiction. The core mechanical features are:
Transfers by registration, not automatic substitution. An interstate authority may request registration in Queensland of an interstate sentence, and the local authority in Queensland may register that sentence by entering prescribed details in a local register (sections 9, 10, 16). The local authority is the chief executive for Queensland (section 6).
Consent by the offender is required before registration. Requests must include a copy of the offender's consent, and the offender may withdraw consent at any time before registration (sections 10(2)(b), 12). The local authority must apply registration criteria before registering (section 13).
Registration converts an interstate sentence into a local sentence, and makes the registered sentence operate under Queensland law, subject to the Act's protections and limits (section 18). Key legal effects of registration include that the sentence is taken to have been validly imposed by a Queensland court, the offence is treated as an offence against Queensland law, parts of the sentence already served interstate are treated as served in Queensland, and Queensland may deal with breaches whether they occur before or after registration (section 18(1)(a)-(g)).
Current sections
Direct links to the current provisions in Community Based Sentences (Interstate Transfer) Act 2020.
38
pt.1
Preliminary
Preliminary
sec.1
Short title
sec.1 Short title
This Act may be cited as the Community Based Sentences (Interstate Transfer) Act 2020 .
sec.2
Commencement
sec.2 Commencement
This Act commences on a day to be fixed by proclamation.
sec.3
Purposes of Act
sec.3 Purposes of Act
The purposes of this Act are to—
enable community based sentences imposed in participating jurisdictions to be transferred, by registration, between participating jurisdictions; and
empower the Minister to enter into arrangements with Ministers of interstate jurisdictions to facilitate the administration of community based sentences for offenders travelling to Queensland or an interstate jurisdiction.
(a) enable community based sentences imposed in participating jurisdictions to be transferred, by registration, between participating jurisdictions; and
(b) empower the Minister to enter into arrangements with Ministers of interstate jurisdictions to facilitate the administration of community based sentences for offenders travelling to Queensland or an interstate jurisdiction.
sec.4
Application of Act
sec.4 Application of Act
This Act applies to sentences imposed by courts on adults convicted or found guilty of offences.
This Act does not apply to—
a parole order; or
a sentence to the extent it imposes a fine or other financial penalty, however described; or
a sentence to the extent it requires the offender do a particular act or make reparation to a particular person who has been caused harm or loss by the offender.
(sec.4-ssec.1) This Act applies to sentences imposed by courts on adults convicted or found guilty of offences.
(sec.4-ssec.2) This Act does not apply to— a parole order; or a sentence to the extent it imposes a fine or other financial penalty, however described; or a sentence to the extent it requires the offender do a particular act or make reparation to a particular person who has been caused harm or loss by the offender.
(a) a parole order; or
(b) a sentence to the extent it imposes a fine or other financial penalty, however described; or
(c) a sentence to the extent it requires the offender do a particular act or make reparation to a particular person who has been caused harm or loss by the offender.
sec.5
Dictionary
sec.5 Dictionary
The dictionary in schedule 1 defines particular words used in this Act.
pt.2
Administration
Administration
sec.6
Local authority
sec.6 Local authority
The local authority for Queensland is the chief executive.
sec.7
Delegation by local authority
sec.7 Delegation by local authority
The local authority may delegate to an appropriately qualified person (the delegate ) a function of the local authority under this Act.
The delegation may permit the delegate to subdelegate the delegated function to another appropriately qualified person.
(sec.7-ssec.1) The local authority may delegate to an appropriately qualified person (the delegate ) a function of the local authority under this Act.
(sec.7-ssec.2) The delegation may permit the delegate to subdelegate the delegated function to another appropriately qualified person.
sec.8
Functions and powers
sec.8 Functions and powers
The local authority must keep a register (the local register ) of interstate sentences registered under this Act.
The local authority has the power to do anything necessary or convenient to be done for, or in connection with, the performance of its functions under this Act.
(sec.8-ssec.1) The local authority must keep a register (the local register ) of interstate sentences registered under this Act.
(sec.8-ssec.2) The local authority has the power to do anything necessary or convenient to be done for, or in connection with, the performance of its functions under this Act.
pt.3
Registration of interstate sentences in Queensland
Registration of interstate sentences in Queensland
sec.9
Request for transfer of interstate sentence
sec.9 Request for transfer of interstate sentence
The local authority may register an interstate sentence in Queensland at the request of the interstate authority for the interstate jurisdiction in which the sentence is in force.
sec.10
Form of request for registration
sec.10 Form of request for registration
The local authority must consider the request if the request—
is in writing; and
states the following particulars—
the offender’s name;
the offender’s date of birth;
the offender’s last known address;
the other particulars required by the local authority; and
is accompanied by the documents mentioned in subsection (2) .
The documents to accompany the request are—
a copy of the interstate sentence certified by the interstate authority; and
a copy of the offender’s consent for the registration of the interstate sentence in Queensland; and
a copy of all relevant pre-sentence reports about the offender held by the interstate jurisdiction for each offence committed by the offender for which the offender is subject to an interstate sentence; and
a copy of all relevant psychological or other assessments of the offender held by the interstate authority; and
a document of the details held by the interstate authority of—
the offender’s criminal record, whether in or outside Australia; and
the offender’s compliance with the interstate sentence and any other non-custodial sentence; and
a statement by the interstate authority explaining which part of the interstate sentence has been served in the interstate jurisdiction, or any other interstate jurisdiction, before the request was made; and
a statement by the interstate authority that the authority has explained to the offender, in language likely to be readily understood by the offender, that, if the interstate sentence is registered in Queensland—
the offender will be bound by the requirements of the law of Queensland relating to the sentence; and
a breach of the sentence may result in the offender being resentenced in Queensland for the offence; and
the other consequences for a breach of the sentence in Queensland may be different from the consequences for a breach of the sentence in the interstate jurisdiction, and, in particular, the penalties for breach of the sentence may be different; and
a statement by the interstate authority setting out the reasons given by the offender for requesting to register the interstate sentence in Queensland; and
any other documents required by the local authority.
For subsection (2) (c) , an offender is subject to an interstate sentence if the sentence has not been fully served or has not been discharged.
In considering the request, the local authority may consider any other information or other documents given to the local authority by the interstate authority.
(sec.10-ssec.1) The local authority must consider the request if the request— is in writing; and states the following particulars— the offender’s name; the offender’s date of birth; the offender’s last known address; the other particulars required by the local authority; and is accompanied by the documents mentioned in subsection (2) .
(sec.10-ssec.2) The documents to accompany the request are— a copy of the interstate sentence certified by the interstate authority; and a copy of the offender’s consent for the registration of the interstate sentence in Queensland; and a copy of all relevant pre-sentence reports about the offender held by the interstate jurisdiction for each offence committed by the offender for which the offender is subject to an interstate sentence; and a copy of all relevant psychological or other assessments of the offender held by the interstate authority; and a document of the details held by the interstate authority of— the offender’s criminal record, whether in or outside Australia; and the offender’s compliance with the interstate sentence and any other non-custodial sentence; and a statement by the interstate authority explaining which part of the interstate sentence has been served in the interstate jurisdiction, or any other interstate jurisdiction, before the request was made; and a statement by the interstate authority that the authority has explained to the offender, in language likely to be readily understood by the offender, that, if the interstate sentence is registered in Queensland— the offender will be bound by the requirements of the law of Queensland relating to the sentence; and a breach of the sentence may result in the offender being resentenced in Queensland for the offence; and the other consequences for a breach of the sentence in Queensland may be different from the consequences for a breach of the sentence in the interstate jurisdiction, and, in particular, the penalties for breach of the sentence may be different; and a statement by the interstate authority setting out the reasons given by the offender for requesting to register the interstate sentence in Queensland; and any other documents required by the local authority.
(sec.10-ssec.3) For subsection (2) (c) , an offender is subject to an interstate sentence if the sentence has not been fully served or has not been discharged.
(sec.10-ssec.4) In considering the request, the local authority may consider any other information or other documents given to the local authority by the interstate authority.
(a) is in writing; and
(b) states the following particulars— (i) the offender’s name; (ii) the offender’s date of birth; (iii) the offender’s last known address; (iv) the other particulars required by the local authority; and
(i) the offender’s name;
(ii) the offender’s date of birth;
(iii) the offender’s last known address;
(iv) the other particulars required by the local authority; and
(c) is accompanied by the documents mentioned in subsection (2) .
(i) the offender’s name;
(ii) the offender’s date of birth;
(iii) the offender’s last known address;
(iv) the other particulars required by the local authority; and
(a) a copy of the interstate sentence certified by the interstate authority; and
(b) a copy of the offender’s consent for the registration of the interstate sentence in Queensland; and
(c) a copy of all relevant pre-sentence reports about the offender held by the interstate jurisdiction for each offence committed by the offender for which the offender is subject to an interstate sentence; and
(d) a copy of all relevant psychological or other assessments of the offender held by the interstate authority; and
(e) a document of the details held by the interstate authority of— (i) the offender’s criminal record, whether in or outside Australia; and (ii) the offender’s compliance with the interstate sentence and any other non-custodial sentence; and
(i) the offender’s criminal record, whether in or outside Australia; and
(ii) the offender’s compliance with the interstate sentence and any other non-custodial sentence; and
(f) a statement by the interstate authority explaining which part of the interstate sentence has been served in the interstate jurisdiction, or any other interstate jurisdiction, before the request was made; and
(g) a statement by the interstate authority that the authority has explained to the offender, in language likely to be readily understood by the offender, that, if the interstate sentence is registered in Queensland— (i) the offender will be bound by the requirements of the law of Queensland relating to the sentence; and (ii) a breach of the sentence may result in the offender being resentenced in Queensland for the offence; and (iii) the other consequences for a breach of the sentence in Queensland may be different from the consequences for a breach of the sentence in the interstate jurisdiction, and, in particular, the penalties for breach of the sentence may be different; and
(i) the offender will be bound by the requirements of the law of Queensland relating to the sentence; and
(ii) a breach of the sentence may result in the offender being resentenced in Queensland for the offence; and
(iii) the other consequences for a breach of the sentence in Queensland may be different from the consequences for a breach of the sentence in the interstate jurisdiction, and, in particular, the penalties for breach of the sentence may be different; and
(h) a statement by the interstate authority setting out the reasons given by the offender for requesting to register the interstate sentence in Queensland; and
(i) any other documents required by the local authority.
(i) the offender’s criminal record, whether in or outside Australia; and
(ii) the offender’s compliance with the interstate sentence and any other non-custodial sentence; and
(i) the offender will be bound by the requirements of the law of Queensland relating to the sentence; and
(ii) a breach of the sentence may result in the offender being resentenced in Queensland for the offence; and
(iii) the other consequences for a breach of the sentence in Queensland may be different from the consequences for a breach of the sentence in the interstate jurisdiction, and, in particular, the penalties for breach of the sentence may be different; and
sec.11
Request for additional information
sec.11 Request for additional information
The local authority may ask the interstate authority for additional information about the interstate sentence or the offender.
sec.12
Withdrawal of offender’s consent
sec.12 Withdrawal of offender’s consent
The offender may withdraw consent to the registration of the interstate sentence at any time before, but not after, its registration by giving written notice of the withdrawal to the local authority.
sec.13
Registration criteria
sec.13 Registration criteria
The registration criteria are that—
the offender has consented to the interstate sentence being registered in Queensland and has not withdrawn the consent; and
there is a corresponding community based sentence under the law of Queensland; and
the offender is capable of complying with the interstate sentence in Queensland; and
the interstate sentence is capable of being safely, efficiently and effectively administered in Queensland.
For subsection (1) (b) , there is a corresponding community based sentence under the law of Queensland for an interstate sentence if—
a community based sentence under the law of Queensland corresponds, or substantially corresponds, to the interstate sentence because—
a penalty of substantially the same nature as the penalty imposed by the interstate sentence can be imposed under the community based sentence; and
conditions of substantially the same nature as the conditions to which the interstate sentence is subject can be imposed in relation to the community based sentence; or
a community based sentence under the law of Queensland is declared by regulation to correspond to the interstate sentence, whether or not the sentence corresponds, or substantially corresponds, to the interstate sentence.
(sec.13-ssec.1) The registration criteria are that— the offender has consented to the interstate sentence being registered in Queensland and has not withdrawn the consent; and there is a corresponding community based sentence under the law of Queensland; and the offender is capable of complying with the interstate sentence in Queensland; and the interstate sentence is capable of being safely, efficiently and effectively administered in Queensland.
(sec.13-ssec.2) For subsection (1) (b) , there is a corresponding community based sentence under the law of Queensland for an interstate sentence if— a community based sentence under the law of Queensland corresponds, or substantially corresponds, to the interstate sentence because— a penalty of substantially the same nature as the penalty imposed by the interstate sentence can be imposed under the community based sentence; and conditions of substantially the same nature as the conditions to which the interstate sentence is subject can be imposed in relation to the community based sentence; or a community based sentence under the law of Queensland is declared by regulation to correspond to the interstate sentence, whether or not the sentence corresponds, or substantially corresponds, to the interstate sentence.
(a) the offender has consented to the interstate sentence being registered in Queensland and has not withdrawn the consent; and
(b) there is a corresponding community based sentence under the law of Queensland; and
(c) the offender is capable of complying with the interstate sentence in Queensland; and
(d) the interstate sentence is capable of being safely, efficiently and effectively administered in Queensland.
(a) a community based sentence under the law of Queensland corresponds, or substantially corresponds, to the interstate sentence because— (i) a penalty of substantially the same nature as the penalty imposed by the interstate sentence can be imposed under the community based sentence; and (ii) conditions of substantially the same nature as the conditions to which the interstate sentence is subject can be imposed in relation to the community based sentence; or
(i) a penalty of substantially the same nature as the penalty imposed by the interstate sentence can be imposed under the community based sentence; and
(ii) conditions of substantially the same nature as the conditions to which the interstate sentence is subject can be imposed in relation to the community based sentence; or
(b) a community based sentence under the law of Queensland is declared by regulation to correspond to the interstate sentence, whether or not the sentence corresponds, or substantially corresponds, to the interstate sentence.
(i) a penalty of substantially the same nature as the penalty imposed by the interstate sentence can be imposed under the community based sentence; and
(ii) conditions of substantially the same nature as the conditions to which the interstate sentence is subject can be imposed in relation to the community based sentence; or
sec.14
Decision on request
sec.14 Decision on request
The local authority may decide to—
register the interstate sentence; or
register the interstate sentence subject to preconditions imposed under section 15 ; or
decline to register the interstate sentence.
In deciding whether to register the interstate sentence, the local authority—
must have regard to the registration criteria; and
may have regard to—
any matter prescribed by regulation; and
any other matter the authority considers relevant.
The local authority—
may decide not to register the interstate sentence even if satisfied the registration criteria are met; and
must not register the interstate sentence unless satisfied that the registration criteria are met.
The local authority may decide whether to register the interstate sentence, or to impose any preconditions, on the information and documents given to the authority under this part, and any other information or documents available to the authority, without hearing the offender.
To remove any doubt, it is declared that the local authority may decide to register the interstate sentence even if—
the interstate jurisdiction is not the originating jurisdiction for the sentence; or
the sentence was previously registered in Queensland or Queensland is the originating jurisdiction for the sentence; or
the authority has previously decided not to register the sentence in Queensland.
If the local authority decides not to register the interstate sentence, the authority must give written notice of the decision to the offender and the interstate authority.
In this section—
registration criteria see section 13 (1) .
(sec.14-ssec.1) The local authority may decide to— register the interstate sentence; or register the interstate sentence subject to preconditions imposed under section 15 ; or decline to register the interstate sentence.
(sec.14-ssec.2) In deciding whether to register the interstate sentence, the local authority— must have regard to the registration criteria; and may have regard to— any matter prescribed by regulation; and any other matter the authority considers relevant.
(sec.14-ssec.3) The local authority— may decide not to register the interstate sentence even if satisfied the registration criteria are met; and must not register the interstate sentence unless satisfied that the registration criteria are met.
(sec.14-ssec.4) The local authority may decide whether to register the interstate sentence, or to impose any preconditions, on the information and documents given to the authority under this part, and any other information or documents available to the authority, without hearing the offender.
(sec.14-ssec.5) To remove any doubt, it is declared that the local authority may decide to register the interstate sentence even if— the interstate jurisdiction is not the originating jurisdiction for the sentence; or the sentence was previously registered in Queensland or Queensland is the originating jurisdiction for the sentence; or the authority has previously decided not to register the sentence in Queensland.
(sec.14-ssec.6) If the local authority decides not to register the interstate sentence, the authority must give written notice of the decision to the offender and the interstate authority.
(sec.14-ssec.7) In this section— registration criteria see section 13 (1) .
(a) register the interstate sentence; or
(b) register the interstate sentence subject to preconditions imposed under section 15 ; or
(c) decline to register the interstate sentence.
(a) must have regard to the registration criteria; and
(b) may have regard to— (i) any matter prescribed by regulation; and (ii) any other matter the authority considers relevant.
(i) any matter prescribed by regulation; and
(ii) any other matter the authority considers relevant.
(i) any matter prescribed by regulation; and
(ii) any other matter the authority considers relevant.
(a) may decide not to register the interstate sentence even if satisfied the registration criteria are met; and
(b) must not register the interstate sentence unless satisfied that the registration criteria are met.
(a) the interstate jurisdiction is not the originating jurisdiction for the sentence; or
(b) the sentence was previously registered in Queensland or Queensland is the originating jurisdiction for the sentence; or
(c) the authority has previously decided not to register the sentence in Queensland.
sec.15
Preconditions for registration
sec.15 Preconditions for registration
The local authority may impose preconditions for the registration of the interstate sentence that the offender must meet to show that the offender can comply, and is willing to comply, with the sentence in Queensland.
Without limiting subsection (1) , the local authority may impose the following preconditions—
that the offender must satisfy the local authority before a stated day that the offender is living in Queensland;
that the offender must report to a stated person in Queensland at a stated day and place or another day and place agreed between the local authority and the offender.
If the local authority decides to impose preconditions for the registration of the interstate sentence, the local authority must give written notice of the decision and the preconditions to the offender and the interstate authority.
The local authority may, by written notice given to the offender and the interstate authority, amend or revoke a precondition.
(sec.15-ssec.1) The local authority may impose preconditions for the registration of the interstate sentence that the offender must meet to show that the offender can comply, and is willing to comply, with the sentence in Queensland.
(sec.15-ssec.2) Without limiting subsection (1) , the local authority may impose the following preconditions— that the offender must satisfy the local authority before a stated day that the offender is living in Queensland; that the offender must report to a stated person in Queensland at a stated day and place or another day and place agreed between the local authority and the offender.
(sec.15-ssec.3) If the local authority decides to impose preconditions for the registration of the interstate sentence, the local authority must give written notice of the decision and the preconditions to the offender and the interstate authority.
(sec.15-ssec.4) The local authority may, by written notice given to the offender and the interstate authority, amend or revoke a precondition.
(a) that the offender must satisfy the local authority before a stated day that the offender is living in Queensland;
(b) that the offender must report to a stated person in Queensland at a stated day and place or another day and place agreed between the local authority and the offender.
sec.16
How interstate sentence is registered
sec.16 How interstate sentence is registered
If the local authority decides to register the interstate sentence in Queensland without imposing preconditions for the registration of the sentence, the local authority must register the sentence by entering the required details in the local register.
If the local authority decides to impose preconditions for the registration of the interstate sentence, the local authority must register the sentence by entering the required details in the local register only if the authority is satisfied the preconditions are capable of being met.
In this section—
required details means the details of the offender and the interstate sentence as prescribed by regulation.
(sec.16-ssec.1) If the local authority decides to register the interstate sentence in Queensland without imposing preconditions for the registration of the sentence, the local authority must register the sentence by entering the required details in the local register.
(sec.16-ssec.2) If the local authority decides to impose preconditions for the registration of the interstate sentence, the local authority must register the sentence by entering the required details in the local register only if the authority is satisfied the preconditions are capable of being met.
(sec.16-ssec.3) In this section— required details means the details of the offender and the interstate sentence as prescribed by regulation.
sec.17
Notice of registration
sec.17 Notice of registration
If the local authority registers the interstate sentence in Queensland, the local authority must give written notice of the registration to the offender and the interstate authority.
The notice must state the day the interstate sentence was registered.
(sec.17-ssec.1) If the local authority registers the interstate sentence in Queensland, the local authority must give written notice of the registration to the offender and the interstate authority.
(sec.17-ssec.2) The notice must state the day the interstate sentence was registered.
sec.18
Effect of registration
sec.18 Effect of registration
If the interstate sentence is registered in Queensland, the following provisions apply—
the sentence becomes a local sentence and ceases to be an interstate sentence;
the sentence is taken to have been validly imposed by a court of Queensland with appropriate jurisdiction;
the sentence continues to apply to the offender in accordance with its terms despite anything to the contrary under the law of Queensland;
the offence (the relevant offence ) for which the sentence was imposed is taken to be an offence against the law of Queensland and not an offence against the law of the originating jurisdiction;
the penalty for the relevant offence is taken to be the penalty for the offence under the law of the originating jurisdiction and not the penalty for an offence of that kind, if any, under the law of Queensland;
any part of the sentence served in an interstate jurisdiction before its registration is taken to have been served in Queensland;
the offender may be dealt with in Queensland for a breach of the sentence, whether the breach happened before, or happens after, the registration of the sentence;
the law of Queensland applies to the sentence, and any breach of it, with the changes, if any, prescribed by regulation.
Subsection (1) (d) and (e) do not apply if Queensland is the originating jurisdiction.
Subsection (1) (e) applies only for the purpose of determining the penalty to be imposed for the relevant offence in circumstances in which the offender is, under the law of Queensland, resentenced for that offence.
This section does not affect any right, in the originating jurisdiction, of appeal or review, however described, in relation to—
the conviction or finding of guilt on which the interstate sentence was based; or
the imposition of the interstate sentence.
Any sentence or decision imposed or made on an appeal or review mentioned in subsection (4) has effect in Queensland as if it were validly imposed or made on an appeal or review in Queensland other than to the extent the sentence or decision—
imposes a fine or other financial penalty, however described; or
requires the making of reparation, however described; or
imposes a period of detention or imprisonment.
This section does not give any right to the offender to an appeal or review, however described, in Queensland in relation to the conviction, finding of guilt or imposition of sentence mentioned in subsection (4) .
(sec.18-ssec.1) If the interstate sentence is registered in Queensland, the following provisions apply— the sentence becomes a local sentence and ceases to be an interstate sentence; the sentence is taken to have been validly imposed by a court of Queensland with appropriate jurisdiction; the sentence continues to apply to the offender in accordance with its terms despite anything to the contrary under the law of Queensland; the offence (the relevant offence ) for which the sentence was imposed is taken to be an offence against the law of Queensland and not an offence against the law of the originating jurisdiction; the penalty for the relevant offence is taken to be the penalty for the offence under the law of the originating jurisdiction and not the penalty for an offence of that kind, if any, under the law of Queensland; any part of the sentence served in an interstate jurisdiction before its registration is taken to have been served in Queensland; the offender may be dealt with in Queensland for a breach of the sentence, whether the breach happened before, or happens after, the registration of the sentence; the law of Queensland applies to the sentence, and any breach of it, with the changes, if any, prescribed by regulation.
(sec.18-ssec.2) Subsection (1) (d) and (e) do not apply if Queensland is the originating jurisdiction.
(sec.18-ssec.3) Subsection (1) (e) applies only for the purpose of determining the penalty to be imposed for the relevant offence in circumstances in which the offender is, under the law of Queensland, resentenced for that offence.
(sec.18-ssec.4) This section does not affect any right, in the originating jurisdiction, of appeal or review, however described, in relation to— the conviction or finding of guilt on which the interstate sentence was based; or the imposition of the interstate sentence.
(sec.18-ssec.5) Any sentence or decision imposed or made on an appeal or review mentioned in subsection (4) has effect in Queensland as if it were validly imposed or made on an appeal or review in Queensland other than to the extent the sentence or decision— imposes a fine or other financial penalty, however described; or requires the making of reparation, however described; or imposes a period of detention or imprisonment.
(sec.18-ssec.6) This section does not give any right to the offender to an appeal or review, however described, in Queensland in relation to the conviction, finding of guilt or imposition of sentence mentioned in subsection (4) .
(a) the sentence becomes a local sentence and ceases to be an interstate sentence;
(b) the sentence is taken to have been validly imposed by a court of Queensland with appropriate jurisdiction;
(c) the sentence continues to apply to the offender in accordance with its terms despite anything to the contrary under the law of Queensland;
(d) the offence (the relevant offence ) for which the sentence was imposed is taken to be an offence against the law of Queensland and not an offence against the law of the originating jurisdiction;
(e) the penalty for the relevant offence is taken to be the penalty for the offence under the law of the originating jurisdiction and not the penalty for an offence of that kind, if any, under the law of Queensland;
(f) any part of the sentence served in an interstate jurisdiction before its registration is taken to have been served in Queensland;
(g) the offender may be dealt with in Queensland for a breach of the sentence, whether the breach happened before, or happens after, the registration of the sentence;
(h) the law of Queensland applies to the sentence, and any breach of it, with the changes, if any, prescribed by regulation.
(a) the conviction or finding of guilt on which the interstate sentence was based; or
(b) the imposition of the interstate sentence.
(a) imposes a fine or other financial penalty, however described; or
(b) requires the making of reparation, however described; or
(c) imposes a period of detention or imprisonment.
pt.4
Registration of local sentences in interstate jurisdictions
Registration of local sentences in interstate jurisdictions
sec.19
Request for transfer of local sentence
sec.19 Request for transfer of local sentence
The local authority may request the interstate authority for an interstate jurisdiction to register a local sentence in the interstate jurisdiction under the corresponding law of the interstate jurisdiction.
sec.20
Providing additional information
sec.20 Providing additional information
The local authority may, at the request of the interstate authority or on its own initiative, give the interstate authority any additional information about the local sentence or the offender.
sec.21
Effect of interstate registration
sec.21 Effect of interstate registration
If the local sentence is registered in the interstate jurisdiction, the following provisions have effect—
the sentence becomes an interstate sentence for the interstate jurisdiction and ceases to be a local sentence;
the offender may be dealt with in the interstate jurisdiction for a breach of the sentence, whether the breach happened before, or happens after, the registration of the sentence;
if the sentence is registered in the local register—the local authority must remove the sentence from the register;
proceedings against the offender may not be commenced or continued under the law of Queensland for any breach of the conditions attached to the sentence that occurred before it was registered in the interstate jurisdiction.
If Queensland is the originating jurisdiction for the local sentence, this section does not affect—
any right of appeal or review, however described, in relation to—
the conviction or finding of guilt on which the sentence was based; or
the imposition of the sentence; and
the sentence to the extent it—
imposes a fine or other financial penalty, however described; or
requires the making of reparation, however described; or
imposes a period of detention or imprisonment.
For the purpose of subsection (2) (b) , the local sentence remains a community based sentence in force in Queensland and may be enforced accordingly.
To remove any doubt, it is declared that this section does not prevent the local sentence from again being registered in Queensland after being registered in the interstate jurisdiction.
(sec.21-ssec.1) If the local sentence is registered in the interstate jurisdiction, the following provisions have effect— the sentence becomes an interstate sentence for the interstate jurisdiction and ceases to be a local sentence; the offender may be dealt with in the interstate jurisdiction for a breach of the sentence, whether the breach happened before, or happens after, the registration of the sentence; if the sentence is registered in the local register—the local authority must remove the sentence from the register; proceedings against the offender may not be commenced or continued under the law of Queensland for any breach of the conditions attached to the sentence that occurred before it was registered in the interstate jurisdiction.
(sec.21-ssec.2) If Queensland is the originating jurisdiction for the local sentence, this section does not affect— any right of appeal or review, however described, in relation to— the conviction or finding of guilt on which the sentence was based; or the imposition of the sentence; and the sentence to the extent it— imposes a fine or other financial penalty, however described; or requires the making of reparation, however described; or imposes a period of detention or imprisonment.
(sec.21-ssec.3) For the purpose of subsection (2) (b) , the local sentence remains a community based sentence in force in Queensland and may be enforced accordingly.
(sec.21-ssec.4) To remove any doubt, it is declared that this section does not prevent the local sentence from again being registered in Queensland after being registered in the interstate jurisdiction.
(a) the sentence becomes an interstate sentence for the interstate jurisdiction and ceases to be a local sentence;
(b) the offender may be dealt with in the interstate jurisdiction for a breach of the sentence, whether the breach happened before, or happens after, the registration of the sentence;
(c) if the sentence is registered in the local register—the local authority must remove the sentence from the register;
(d) proceedings against the offender may not be commenced or continued under the law of Queensland for any breach of the conditions attached to the sentence that occurred before it was registered in the interstate jurisdiction.
(a) any right of appeal or review, however described, in relation to— (i) the conviction or finding of guilt on which the sentence was based; or (ii) the imposition of the sentence; and
(i) the conviction or finding of guilt on which the sentence was based; or
(ii) the imposition of the sentence; and
(b) the sentence to the extent it— (i) imposes a fine or other financial penalty, however described; or (ii) requires the making of reparation, however described; or (iii) imposes a period of detention or imprisonment.
(i) imposes a fine or other financial penalty, however described; or
(ii) requires the making of reparation, however described; or
(iii) imposes a period of detention or imprisonment.
(i) the conviction or finding of guilt on which the sentence was based; or
(ii) the imposition of the sentence; and
(i) imposes a fine or other financial penalty, however described; or
(ii) requires the making of reparation, however described; or
(iii) imposes a period of detention or imprisonment.
pt.5
Reciprocal arrangements for administration of local and interstate sentences
Reciprocal arrangements for administration of local and interstate sentences
sec.22
Definitions
sec.22 Definitions
In this part—
corresponding Minister , of an interstate jurisdiction, means the person who has powers under the corresponding law of the interstate jurisdiction that correspond to the powers of the Minister under this part.
interstate law enforcement officer , of an interstate jurisdiction, means a local law enforcement officer within the meaning of the corresponding law of the interstate jurisdiction.
local law enforcement officer means a corrective services officer under the Corrective Services Act 2006 or a police officer.
local offender means an offender who is subject to a local sentence.
Ministerial arrangements means arrangements mentioned section 23 .
sec.23
Ministerial arrangements for the administration of local and interstate sentences
sec.23 Ministerial arrangements for the administration of local and interstate sentences
The Minister may enter into arrangements with the corresponding Minister of an interstate jurisdiction to facilitate—
the administration, within Queensland, of interstate sentences imposed under a law of the interstate jurisdiction; and
the administration, within the interstate jurisdiction, of local sentences, in relation to particular local or interstate offenders or particular classes of local or interstate offenders; and
travel to the interstate jurisdiction by local offenders; and
travel to Queensland by interstate offenders.
The local authority has the powers and functions necessary, under the arrangements, for the administration of interstate sentences for interstate offenders in Queensland.
For the purposes of a law of Queensland about local sentences, anything done—
by the interstate authority of an interstate jurisdiction; and
in accordance with the arrangements; and
in the administration of a local sentence for a local offender who is in the interstate jurisdiction;
is taken to have been done under the law of Queensland.
(sec.23-ssec.1) The Minister may enter into arrangements with the corresponding Minister of an interstate jurisdiction to facilitate— the administration, within Queensland, of interstate sentences imposed under a law of the interstate jurisdiction; and the administration, within the interstate jurisdiction, of local sentences, in relation to particular local or interstate offenders or particular classes of local or interstate offenders; and travel to the interstate jurisdiction by local offenders; and travel to Queensland by interstate offenders.
(sec.23-ssec.2) The local authority has the powers and functions necessary, under the arrangements, for the administration of interstate sentences for interstate offenders in Queensland.
(sec.23-ssec.3) For the purposes of a law of Queensland about local sentences, anything done— by the interstate authority of an interstate jurisdiction; and in accordance with the arrangements; and in the administration of a local sentence for a local offender who is in the interstate jurisdiction; is taken to have been done under the law of Queensland.
(a) the administration, within Queensland, of interstate sentences imposed under a law of the interstate jurisdiction; and
(b) the administration, within the interstate jurisdiction, of local sentences, in relation to particular local or interstate offenders or particular classes of local or interstate offenders; and
(c) travel to the interstate jurisdiction by local offenders; and
(d) travel to Queensland by interstate offenders.
(a) by the interstate authority of an interstate jurisdiction; and
(b) in accordance with the arrangements; and
(c) in the administration of a local sentence for a local offender who is in the interstate jurisdiction;
sec.24
Issuing interstate travel permit to local offender
sec.24 Issuing interstate travel permit to local offender
This section applies to a local offender whose local sentence is subject to a condition, whether imposed by the sentence or otherwise, that prohibits the offender from leaving Queensland without permission.
Permission to leave Queensland is to be granted, varied and revoked, and conditions of permission are to be imposed and varied, in accordance with the Ministerial arrangements.
As soon as practicable after the permission is granted, the local authority must—
incorporate the terms and conditions of the permission in an interstate travel permit; and
give a copy of the interstate travel permit to the local offender; and
give a copy of the following things to the interstate authority of each interstate jurisdiction to which the interstate travel permit authorises travel—
the interstate travel permit;
the other documents, or information about the local offender, required or authorised to be provided under the Ministerial arrangements.
If the terms or conditions of the permission are varied, the local authority must, as soon as practicable after the variation happens—
incorporate the terms and conditions of the permission, as varied, in an amended interstate travel permit; and
give a copy of the amended interstate travel permit to the local offender; and
give a copy of the following things to the interstate authority of each interstate jurisdiction to which the permit authorises travel—
the amended interstate travel permit;
the other documents or information relevant to the variation.
If the permission is revoked, the local authority must, as soon as practicable after the revocation happens, give written notice of the revocation to the local offender and to the interstate authority of each interstate jurisdiction to which the interstate travel permit authorised travel.
An interstate travel permit ceases to have effect in an interstate jurisdiction to which it authorises travel if—
written notice is given under subsection (5) to the interstate authority of that jurisdiction, regardless of whether or not the local offender has received the notice; or
the offender is arrested under a warrant issued under the corresponding law of that jurisdiction.
This section applies despite any other law of Queensland about issuing interstate travel permits to local offenders.
(sec.24-ssec.1) This section applies to a local offender whose local sentence is subject to a condition, whether imposed by the sentence or otherwise, that prohibits the offender from leaving Queensland without permission.
(sec.24-ssec.2) Permission to leave Queensland is to be granted, varied and revoked, and conditions of permission are to be imposed and varied, in accordance with the Ministerial arrangements.
(sec.24-ssec.3) As soon as practicable after the permission is granted, the local authority must— incorporate the terms and conditions of the permission in an interstate travel permit; and give a copy of the interstate travel permit to the local offender; and give a copy of the following things to the interstate authority of each interstate jurisdiction to which the interstate travel permit authorises travel— the interstate travel permit; the other documents, or information about the local offender, required or authorised to be provided under the Ministerial arrangements.
(sec.24-ssec.4) If the terms or conditions of the permission are varied, the local authority must, as soon as practicable after the variation happens— incorporate the terms and conditions of the permission, as varied, in an amended interstate travel permit; and give a copy of the amended interstate travel permit to the local offender; and give a copy of the following things to the interstate authority of each interstate jurisdiction to which the permit authorises travel— the amended interstate travel permit; the other documents or information relevant to the variation.
(sec.24-ssec.5) If the permission is revoked, the local authority must, as soon as practicable after the revocation happens, give written notice of the revocation to the local offender and to the interstate authority of each interstate jurisdiction to which the interstate travel permit authorised travel.
(sec.24-ssec.6) An interstate travel permit ceases to have effect in an interstate jurisdiction to which it authorises travel if— written notice is given under subsection (5) to the interstate authority of that jurisdiction, regardless of whether or not the local offender has received the notice; or the offender is arrested under a warrant issued under the corresponding law of that jurisdiction.
(sec.24-ssec.7) This section applies despite any other law of Queensland about issuing interstate travel permits to local offenders.
(a) incorporate the terms and conditions of the permission in an interstate travel permit; and
(b) give a copy of the interstate travel permit to the local offender; and
(c) give a copy of the following things to the interstate authority of each interstate jurisdiction to which the interstate travel permit authorises travel— (i) the interstate travel permit; (ii) the other documents, or information about the local offender, required or authorised to be provided under the Ministerial arrangements.
(i) the interstate travel permit;
(ii) the other documents, or information about the local offender, required or authorised to be provided under the Ministerial arrangements.
(i) the interstate travel permit;
(ii) the other documents, or information about the local offender, required or authorised to be provided under the Ministerial arrangements.
(a) incorporate the terms and conditions of the permission, as varied, in an amended interstate travel permit; and
(b) give a copy of the amended interstate travel permit to the local offender; and
(c) give a copy of the following things to the interstate authority of each interstate jurisdiction to which the permit authorises travel— (i) the amended interstate travel permit; (ii) the other documents or information relevant to the variation.
(i) the amended interstate travel permit;
(ii) the other documents or information relevant to the variation.
(i) the amended interstate travel permit;
(ii) the other documents or information relevant to the variation.
(a) written notice is given under subsection (5) to the interstate authority of that jurisdiction, regardless of whether or not the local offender has received the notice; or
(b) the offender is arrested under a warrant issued under the corresponding law of that jurisdiction.
sec.25
Effect of interstate travel permit issued to local offender
sec.25 Effect of interstate travel permit issued to local offender
This section applies to any period during which—
an interstate travel permit is in force for a local offender; and
the local offender is present in an interstate jurisdiction to which the interstate travel permit authorises travel.
For the purposes of the law of Queensland about local sentences—
the conditions of the interstate travel permit are taken to be substituted for the conditions of the relevant local sentence; and
any compliance or noncompliance by the local offender with the conditions of the interstate travel permit is taken to be compliance or noncompliance, as the case may be, with the conditions of the relevant local sentence.
(sec.25-ssec.1) This section applies to any period during which— an interstate travel permit is in force for a local offender; and the local offender is present in an interstate jurisdiction to which the interstate travel permit authorises travel.
(sec.25-ssec.2) For the purposes of the law of Queensland about local sentences— the conditions of the interstate travel permit are taken to be substituted for the conditions of the relevant local sentence; and any compliance or noncompliance by the local offender with the conditions of the interstate travel permit is taken to be compliance or noncompliance, as the case may be, with the conditions of the relevant local sentence.
(a) an interstate travel permit is in force for a local offender; and
(b) the local offender is present in an interstate jurisdiction to which the interstate travel permit authorises travel.
(a) the conditions of the interstate travel permit are taken to be substituted for the conditions of the relevant local sentence; and
(b) any compliance or noncompliance by the local offender with the conditions of the interstate travel permit is taken to be compliance or noncompliance, as the case may be, with the conditions of the relevant local sentence.
sec.26
Powers exercisable in relation to interstate offenders
sec.26 Powers exercisable in relation to interstate offenders
This section applies to an interstate offender who—
holds an interstate travel permit that authorises the offender to travel to Queensland; and
is present in Queensland.
The local authority may issue a warrant for the interstate offender’s arrest if the local authority is—
advised by the relevant interstate authority that the interstate travel permit is no longer in force in Queensland; or
satisfied the offender has failed to comply with the conditions of the interstate travel permit.
A warrant under subsection (2) is sufficient authority for a local law enforcement officer to—
arrest the interstate offender; and
convey the interstate offender to a place stated in the warrant, whether in Queensland or an interstate jurisdiction; and
deliver the interstate offender into the custody of an interstate law enforcement officer of the jurisdiction in which the interstate travel permit was issued.
To remove any doubt, it is declared that the warrant authorises a local law enforcement officer to convey the interstate offender within or across any interstate jurisdiction for the purpose of taking the offender to a place stated in the warrant.
(sec.26-ssec.1) This section applies to an interstate offender who— holds an interstate travel permit that authorises the offender to travel to Queensland; and is present in Queensland.
(sec.26-ssec.2) The local authority may issue a warrant for the interstate offender’s arrest if the local authority is— advised by the relevant interstate authority that the interstate travel permit is no longer in force in Queensland; or satisfied the offender has failed to comply with the conditions of the interstate travel permit.
(sec.26-ssec.3) A warrant under subsection (2) is sufficient authority for a local law enforcement officer to— arrest the interstate offender; and convey the interstate offender to a place stated in the warrant, whether in Queensland or an interstate jurisdiction; and deliver the interstate offender into the custody of an interstate law enforcement officer of the jurisdiction in which the interstate travel permit was issued.
(sec.26-ssec.4) To remove any doubt, it is declared that the warrant authorises a local law enforcement officer to convey the interstate offender within or across any interstate jurisdiction for the purpose of taking the offender to a place stated in the warrant.
(a) holds an interstate travel permit that authorises the offender to travel to Queensland; and
(b) is present in Queensland.
(a) advised by the relevant interstate authority that the interstate travel permit is no longer in force in Queensland; or
(b) satisfied the offender has failed to comply with the conditions of the interstate travel permit.
(a) arrest the interstate offender; and
(b) convey the interstate offender to a place stated in the warrant, whether in Queensland or an interstate jurisdiction; and
(c) deliver the interstate offender into the custody of an interstate law enforcement officer of the jurisdiction in which the interstate travel permit was issued.
sec.27
Powers of interstate law enforcement officers
sec.27 Powers of interstate law enforcement officers
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 Queensland for the purpose of taking the offender to a place stated in the warrant has effect in Queensland according to its terms.
sec.28
Operation of Service and Execution of Process Act 1992 (Cwlth)
sec.28 Operation of Service and Execution of Process Act 1992 (Cwlth)
Nothing in this Act is intended to limit or otherwise affect the operation of the Service and Execution of Process Act 1992 (Cwlth) .
pt.6
Miscellaneous
Miscellaneous
sec.29
Inaccurate information about local sentence registered interstate
sec.29 Inaccurate information about local sentence registered interstate
This section applies if—
a local sentence is registered in an interstate jurisdiction under part 4 ; and
the local authority becomes aware that information about the local sentence or the offender recorded in the register kept under the corresponding law of the interstate jurisdiction (the interstate register ) is not, or is no longer, accurate.
The local authority must tell the interstate authority for the interstate jurisdiction how the information in the interstate register needs to be changed to be accurate.
Without limiting subsection (2) , the local authority must tell the interstate authority about—
any part of the local sentence served in Queensland between the making of the request to register the sentence in the interstate jurisdiction and its registration in the interstate jurisdiction; or
the outcome of any appeal or review in Queensland affecting the local sentence.
(sec.29-ssec.1) This section applies if— a local sentence is registered in an interstate jurisdiction under part 4 ; and the local authority becomes aware that information about the local sentence or the offender recorded in the register kept under the corresponding law of the interstate jurisdiction (the interstate register ) is not, or is no longer, accurate.
(sec.29-ssec.2) The local authority must tell the interstate authority for the interstate jurisdiction how the information in the interstate register needs to be changed to be accurate.
(sec.29-ssec.3) Without limiting subsection (2) , the local authority must tell the interstate authority about— any part of the local sentence served in Queensland between the making of the request to register the sentence in the interstate jurisdiction and its registration in the interstate jurisdiction; or the outcome of any appeal or review in Queensland affecting the local sentence.
(a) a local sentence is registered in an interstate jurisdiction under part 4 ; and
(b) the local authority becomes aware that information about the local sentence or the offender recorded in the register kept under the corresponding law of the interstate jurisdiction (the interstate register ) is not, or is no longer, accurate.
(a) any part of the local sentence served in Queensland between the making of the request to register the sentence in the interstate jurisdiction and its registration in the interstate jurisdiction; or
(b) the outcome of any appeal or review in Queensland affecting the local sentence.
sec.30
Dispute about accuracy of information about local sentence registered interstate
sec.30 Dispute about accuracy of information about local sentence registered interstate
This section applies if—
a local sentence is registered in an interstate jurisdiction under part 4 ; and
the offender claims, in writing, to the interstate authority for the interstate jurisdiction that the information recorded about the local sentence or the offender in the register kept under the corresponding law of the interstate jurisdiction (the interstate register ) is not, or is no longer, accurate, and states in the claim how the information is inaccurate.
The interstate authority may send the local authority—
a copy of the claim; and
an extract from the interstate register containing the information that the offender claims is inaccurate.
The local authority must check whether the information in the extract is accurate, having regard to the offender’s claims.
If the local authority is satisfied the information is accurate, the local authority must tell the interstate authority.
If the local authority is satisfied the information is inaccurate, the local authority must give the interstate authority the correct information.
(sec.30-ssec.1) This section applies if— a local sentence is registered in an interstate jurisdiction under part 4 ; and the offender claims, in writing, to the interstate authority for the interstate jurisdiction that the information recorded about the local sentence or the offender in the register kept under the corresponding law of the interstate jurisdiction (the interstate register ) is not, or is no longer, accurate, and states in the claim how the information is inaccurate.
(sec.30-ssec.2) The interstate authority may send the local authority— a copy of the claim; and an extract from the interstate register containing the information that the offender claims is inaccurate.
(sec.30-ssec.3) The local authority must check whether the information in the extract is accurate, having regard to the offender’s claims.
(sec.30-ssec.4) If the local authority is satisfied the information is accurate, the local authority must tell the interstate authority.
(sec.30-ssec.5) If the local authority is satisfied the information is inaccurate, the local authority must give the interstate authority the correct information.
(a) a local sentence is registered in an interstate jurisdiction under part 4 ; and
(b) the offender claims, in writing, to the interstate authority for the interstate jurisdiction that the information recorded about the local sentence or the offender in the register kept under the corresponding law of the interstate jurisdiction (the interstate register ) is not, or is no longer, accurate, and states in the claim how the information is inaccurate.
(a) a copy of the claim; and
(b) an extract from the interstate register containing the information that the offender claims is inaccurate.
sec.31
Evidence of registration and registered particulars
sec.31 Evidence of registration and registered particulars
A certificate, purporting to be signed by or for the local authority, that states a matter that appears in or can be worked out from the register kept under this Act, is evidence of the matter.
A certificate, purporting to be signed by or for the interstate authority of an interstate jurisdiction, that states a matter that appears in or can be worked out from the register kept under the corresponding law of the interstate jurisdiction, is evidence of the matter.
A certificate under subsection (1) or (2) may state a matter by reference to a date or period.
A certificate, purporting to be signed by or for the local authority or the interstate authority for an interstate jurisdiction, that states any of the following details is evidence of the matter—
details of a community based sentence or the offender for a community based sentence;
details of a part of a community based sentence that has or has not been served.
A court must accept a certificate mentioned in this section as proof of the matters stated in it unless there is evidence to the contrary.
(sec.31-ssec.1) A certificate, purporting to be signed by or for the local authority, that states a matter that appears in or can be worked out from the register kept under this Act, is evidence of the matter.
(sec.31-ssec.2) A certificate, purporting to be signed by or for the interstate authority of an interstate jurisdiction, that states a matter that appears in or can be worked out from the register kept under the corresponding law of the interstate jurisdiction, is evidence of the matter.
(sec.31-ssec.3) A certificate under subsection (1) or (2) may state a matter by reference to a date or period.
(sec.31-ssec.4) A certificate, purporting to be signed by or for the local authority or the interstate authority for an interstate jurisdiction, that states any of the following details is evidence of the matter— details of a community based sentence or the offender for a community based sentence; details of a part of a community based sentence that has or has not been served.
(sec.31-ssec.5) A court must accept a certificate mentioned in this section as proof of the matters stated in it unless there is evidence to the contrary.
(a) details of a community based sentence or the offender for a community based sentence;
(b) details of a part of a community based sentence that has or has not been served.
sec.32
Regulation-making power
sec.32 Regulation-making power
The Governor in Council may make regulations under this Act.
Source text: opening excerpt
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
pt.1 Preliminary
Preliminary
sec.1 Short title
sec.1 Short title
This Act may be cited as the Community Based Sentences (Interstate Transfer) Act 2020 .
sec.2 Commencement
sec.2 Commencement
This Act commences on a day to be fixed by proclamation.
sec.3 Purposes of Act
sec.3 Purposes of Act
The purposes of this Act are to—
enable community based sentences imposed in participating jurisdictions to be transferred, by registration, between participating jurisdictions; and
empower the Minister to enter into arrangements with Ministers of interstate jurisdictions to facilitate the administration of community based sentences for offenders travelling to Queensland or an interstate jurisdiction.
(a) enable community based sentences imposed in participating jurisdictions to be transferred, by registration, between participating jurisdictions; and
(b) empower the Minister to enter into arrangements with Ministers of interstate jurisdictions to facilitate the administration of community based sentences for offenders travelling to Queensland or an interstate jurisdiction.
sec.4 Application of Act
sec.4 Application of Act
This Act applies to sentences imposed by courts on adults convicted or found guilty of offences.
This Act does not apply to—
a parole order; or
a sentence to the extent it imposes a fine or other financial penalty, however described; or
a sentence to the extent it requires the offender do a particular act or make reparation to a particular person who has been caused harm or loss by the offender.
(sec.4-ssec.1) This Act applies to sentences imposed by courts on adults convicted or found guilty of offences.
(sec.4-ssec.2) This Act does not apply to— a parole order; or a sentence to the extent it imposes a fine or other financial penalty, however described; or a sentence to the extent it requires the offender do a particular act or make reparation to a particular person who has been caused harm or loss by the offender.
(a) a parole order; or
(b) a sentence to the extent it imposes a fine or other financial penalty, however described; or
(c) a sentence to the extent it requires the offender do a particular act or make reparation to a particular person who has been caused harm or loss by the offender.
sec.5 Dictionary
sec.5 Dictionary
The dictionary in schedule 1 defines particular words used in this Act.
The Act preserves certain exclusions and limits. It applies only to community based sentences imposed on adults and expressly excludes parole orders, fines and other financial penalties, and orders requiring a particular act or reparation to a person (section 4). It also preserves rights of appeal or review existing in the originating jurisdiction in relation to the conviction or sentence (section 18(4)-(6)).
Queensland can request interstate jurisdictions to register local (Queensland) sentences under the corresponding laws of those jurisdictions, and registration in the interstate jurisdiction has reciprocal effects (sections 19-21). If a local sentence is registered interstate, Queensland must remove it from its own register if the interstate register records the registration (section 21(1)(c)).
The Minister may enter into arrangements with corresponding interstate Ministers to facilitate administration of sentences and travel of offenders (section 3, section 23). Under such Ministerial arrangements, the local authority exercises powers necessary to administer interstate sentences in Queensland, and acts done by an interstate authority under the arrangements in administering a local sentence in the interstate jurisdiction are treated as having been done under Queensland law (section 23(2)-(3)).
Travel and movement are addressed through an interstate travel permit regime under the Ministerial arrangements. The local authority must create and distribute interstate travel permits, substitute their conditions for local sentence conditions while an offender is travelling, and can revoke or vary permits under the arrangements (sections 24-25).
Administrative infrastructure and evidence rules are specified. The local authority must keep a register (section 8), may delegate functions (section 7), and certificates purporting to be signed by the local or interstate authority are admissible evidence of matters in the registers unless there is contrary evidence (section 31). The Governor in Council may make regulations under the Act (section 32), including the detail required for registration (section 16).
Mechanically, the Act creates: a set of document and information flows required for a registration request (section 10); mandatory decision criteria and discretionary gates for the local authority (section 13, section 14); powers to impose and manage preconditions tied to registration (sections 15-16); and a reciprocal administrative regime for travel and enforcement across jurisdictions (parts 4 and 5, notably sections 21-27). The Act does not create new criminal offences or penalties itself; it reassigns the legal identity and enforcement locus of existing community based sentences through registration and cross-jurisdictional administrative arrangements (sections 4, 18).
Main concepts
The Act operates on a small set of statutory concepts. The Act relies on a dictionary in schedule 1 for particular words, and provides targeted definitions in part 5, but the operational concepts are also established through functionally descriptive provisions.
Community based sentence, local sentence, interstate sentence
The Act concerns community based sentences imposed by courts on adults (section 4(1)). When an interstate sentence is registered in Queensland, it "becomes a local sentence and ceases to be an interstate sentence" and is "taken to have been validly imposed by a court of Queensland with appropriate jurisdiction" (section 18(1)(a)-(b)). Conversely, a local sentence registered in an interstate jurisdiction becomes an interstate sentence for that jurisdiction (section 21(1)(a)).
Registration and the local register
Registration is the administrative act by which the local authority enters the required details in the local register (section 16). The local authority must keep the local register of interstate sentences registered under the Act (section 8(1)).
Local authority and delegations
For Queensland, the local authority is the chief executive (section 6). The local authority may delegate functions under the Act to appropriately qualified persons and allows subdelegation if the instrument permits (section 7).
Registration criteria and corresponding sentences
Registration is conditioned on statutory criteria: offender consent, the existence of a corresponding community based sentence under Queensland law, capability of the offender to comply in Queensland, and the sentence being capable of safe, efficient and effective administration in Queensland (section 13(1)). A sentence corresponds if a community based sentence under Queensland law corresponds or substantially corresponds, which is tested by whether a penalty of substantially the same nature and conditions of substantially the same nature can be imposed; additionally, regulations may declare a Queensland sentence to correspond whether or not it substantially corresponds (section 13(2)).
Preconditions and satisfiability
The local authority may impose preconditions that the offender must meet to show capability and willingness to comply in Queensland (section 15(1)). Examples included in the Act are residency in Queensland by a stated day and reporting to an authorised person in Queensland (section 15(2)). The register entry is to be made only if preconditions are "capable of being met" (section 16(2)).
Ministerial arrangements and interstate travel permits
The Minister can enter Ministerial arrangements with corresponding interstate Ministers to facilitate administration of sentences and the movement of offenders (section 23). Under the arrangements permission to leave Queensland by offenders subject to a prohibited-leave condition is to be granted, varied, and revoked in accordance with the arrangements, and the local authority must incorporate such permissions into interstate travel permits and distribute them to authorised interstate authorities and the offender (section 24). While an interstate travel permit is in force and the offender is present in a permitted interstate jurisdiction, the permit conditions substitute for the conditions of the relevant local sentence for purposes of Queensland law (section 25).
Enforcement mechanisms and cross-border powers
The Act provides for warrants issuable by the local authority when an interstate travel permit is no longer in force in Queensland or where the local authority is satisfied the offender failed to comply with permit conditions (section 26(2)). That warrant authorises local law enforcement officers to arrest the offender, convey them to a place stated in the warrant (including across jurisdictions), and deliver the offender into the custody of an interstate law enforcement officer (section 26(3)-(4)). Corresponding warrants issued under an interstate jurisdiction's law operate in Queensland according to their terms (section 27).
Evidentiary and regulatory scaffolding
Certificates purporting to be signed by or for either the local authority or the interstate authority stating matters appearing in or deducible from the relevant registers are evidence of those matters, and courts must accept those certificates as proof unless there is evidence to the contrary (section 31). The Governor in Council may make regulations under the Act (section 32), and required registration details are prescribed by regulation (section 16).
Exclusions and preserved rights
The Act does not apply to parole orders, fines or other financial penalties, or sentences requiring particular acts or reparation to a particular person (section 4(2)). It also expressly preserves rights of appeal or review in the originating jurisdiction with respect to the conviction or imposition of the interstate sentence (section 18(4)-(6)).
These concepts combine administrative registration, discretionary local administration, evidentiary certificates, and intergovernmental arrangements to allow movement and management of community based sentences across state borders while leaving substantive appeal rights and certain categories of penalty outside the transfer regime.
Who it affects
Primary categories of persons and institutions affected by this Act are offenders subject to community based sentences, local and interstate government authorities responsible for sentence administration, corrections and police personnel, and courts insofar as sentencing and resentencing consequences arise. The Act also has implications for other actors engaged in information exchange, including social services and agencies that prepare pre-sentence or psychological reports.
Offenders
Adults subject to community based sentences are the class of persons covered by the Act (section 4(1)). Transfers require the offender’s written consent included with the registration request (section 10(2)(b)), and the offender may withdraw that consent at any time before registration (section 12). While an interstate sentence is registered it becomes a Queensland local sentence and the offender may be dealt with in Queensland for breaches that occur either before or after registration (section 18(1)(a), (g)).
Originating and receiving jurisdictions
Interstate authorities in originating jurisdictions and the local authority (Queensland chief executive) are the administrative counterparts to effect requests and registration (sections 6, 9, 19). Interstate authorities must supply a bundle of documents when requesting registration, including certified copies of the sentence, pre-sentence reports, psychological assessments, criminal record details and statements about prior service and the offender's reasons (section 10(2)(a)-(h)). The local authority may also request additional information (section 11).
Ministers and Ministerial arrangements
The Minister has express power to enter arrangements with corresponding interstate Ministers to facilitate administration of sentences and authorised travel (section 3(1)(b), section 23). Those arrangements govern permission to leave Queensland for offenders whose sentence conditions prohibit leaving without permission and set the procedures for interstate travel permits (section 24).
Law enforcement and corrections officers
Local law enforcement officers, defined to include corrective services officers under the Corrective Services Act 2006 and police officers (section 22), gain authority to act on warrants issued under the Act. Warrants can authorise arrest and conveyance across jurisdictions and delivery into interstate custody (section 26). Conversely, interstate warrants issued under corresponding laws have effect in Queensland according to their terms (section 27).
Courts
Courts' role is primarily consequential. After registration, the sentence is treated as validly imposed by a Queensland court with appropriate jurisdiction (section 18(1)(b)), and Queensland law applies to the sentence and breaches with any changes prescribed by regulation (section 18(1)(h)). The Act also preserves rights of appeal and review that exist in the originating jurisdiction (section 18(4)-(5)).
Administrative staff and information custodians
The local authority must maintain the local register and manage the data flows required by registration and permits (section 8(1), section 24). The Act imposes duties to notify interstate authorities of registration, preconditions, variations and revocations (sections 15(3), 16(1)-(2), 17, 24(3)-(5)). Responsibilities for accuracy reporting and dispute resolution about register entries extend to the local authority (sections 29-30).
Victims and persons entitled to reparation
The Act expressly excludes sentences to the extent that they require the offender to do a particular act or make reparation to a particular person who has suffered harm or loss (section 4(2)(c)). Section 18(5) further excludes fines, reparation and periods of imprisonment from certain aspects of interstate appeals or decisions. Therefore transfers under this Act do not directly alter the operation of orders of reparation or fines.
Who pays
The Act does not set out funding or cost recovery mechanisms. It places operational obligations on the local authority, interstate authorities and Ministers to perform administrative and enforcement tasks, which in practice will have cost implications for corrective services, police and justice administrative budgets. The Act leaves the detail of required information, required register particulars, and other procedural matters to regulation, which may in turn determine administrative requirements (section 32, section 16(3), section 10(2)(i)).
In summary, the Act applies to adult offenders serving community based sentences and to the public authorities, Ministers and law enforcement officers that administer and enforce those sentences across borders. It excludes parole, fines and reparation; preserves originating jurisdiction appellate rights; and creates administrative duties and evidentiary mechanisms with predictable operational impacts for corrections and justice agencies.
Key duties and rights
The Act allocates a set of duties to the local authority and interstate authorities, and creates rights and procedural safeguards for offenders. The allocation mixes mandatory obligations, permitted discretion, and procedural notice requirements.
Duties of the local authority (chief executive)
Keep a local register of interstate sentences registered under the Act (section 8(1)). The register must record the required details as prescribed by regulation (section 16(3), section 16(1)-(2)).
Consider registration requests that meet the form requirements. A request must be in writing, contain prescribed particulars, and be accompanied by specified documents including a certified copy of the sentence, offender consent, pre-sentence reports, psychological assessments, criminal record details, a statement about the part of the sentence already served, an explanation that the offender has been informed about Queensland law consequences, and the offender’s reasons for seeking registration (section 10(1)-(2)).
Ask for additional information where necessary (section 11).
Apply the registration criteria before registering. Those criteria are: consent not withdrawn (section 13(1)(a)); existence of a corresponding community based sentence under Queensland law (section 13(1)(b)); offender capable of complying in Queensland (section 13(1)(c)); and the sentence capable of safe, efficient and effective administration in Queensland (section 13(1)(d)). The Act defines "corresponding" to include both substantial correspondence and regulation-declared correspondence (section 13(2)).
Decide whether to register, to register subject to preconditions, or to decline. The local authority must have regard to the registration criteria and may have regard to matters prescribed by regulation or any other matter considered relevant (section 14(1)-(2)). The local authority must not register unless satisfied the criteria are met, but may choose not to register even if they are met (section 14(3)).
Give written notice of decision to the offender and interstate authority when declining to register, and give written notice of registration that states the day of registration when the authority registers the sentence (section 14(6), section 17).
Impose, amend or revoke preconditions to registration and notify the offender and interstate authority of preconditions and subsequent amendments or revocations (section 15(1), (3)-(4)).
Register a sentence only when satisfied preconditions are capable of being met, and enter required details in the local register (section 16(1)-(2)).
If a local sentence is registered interstate, remove it from the local register if it is recorded as registered in the interstate register (section 21(1)(c)).
Inform interstate authorities when information recorded in an interstate register is inaccurate and give corrected information where the local authority is satisfied information is inaccurate (sections 29-30).
Delegation rights
The local authority may delegate functions under the Act to appropriately qualified persons, and delegations may allow subdelegation (section 7). This creates operational flexibility for implementing delegated administrative tasks.
Duties of the interstate authority
Provide the documents and information required for a registration request, including certified sentence copies, consent, reports, assessments and criminal record/compliance details (section 10(2)). Provide additional information when asked by the local authority (section 11). Receive notices and register local sentences under corresponding law where requested by the local authority (section 19). Cooperate on the interchange of interstate travel permits and related documents under Ministerial arrangements (section 24(3)).
Rights and safeguards for offenders
Offenders must consent to registration and can withdraw consent up to the point of registration by giving written notice to the local authority (sections 10(2)(b), 12). The interstate authority must certify that it explained to the offender, in language readily understood by the offender, that Queensland law will bind the offender if registered, breaches may lead to resentencing in Queensland, and consequences for breach may differ between jurisdictions (section 10(2)(g)). This creates an informed-consent safeguard.
The Act preserves rights of appeal or review that exist in the originating jurisdiction in relation to conviction or sentence (section 18(4)). It also clarifies that sentences or outcomes of appeals or reviews in the originating jurisdiction have effect in Queensland subject to limitations relating to fines, reparation and imprisonment (section 18(5)).
Enforcement powers and obligations
The local authority may issue a warrant for arrest of an interstate offender present in Queensland where it is advised that an interstate travel permit is not in force or where it is satisfied the offender failed to comply with permit conditions (section 26(2)). A warrant authorises arrest, conveyance across jurisdictions and delivery to interstate custody (section 26(3)-(4)). Warrant powers are reciprocal in that warrants issued under corresponding interstate laws have effect in Queensland according to their terms (section 27).
Evidentiary duties and presumptions
Certificates stating matters in registers are evidence of those matters and courts must accept them as proof unless there is evidence to the contrary (section 31(1)-(5)). This imposes an evidentiary presumption that streamlines enforcement and proof of status.
Regulatory powers
The Governor in Council may make regulations under the Act, enabling the prescription of required details and potentially other procedural and operational requirements (section 32). The local authority must have regard to matters that may be prescribed by regulation when deciding registration requests (section 14(2)(a)).
Overall, the Act frames a mixture of mandatory administrative duties, evidence presumptions, and discretionary decision-making by the local authority, while preserving procedural safeguards for offenders and retaining certain appellate and substantive protections in the originating jurisdiction.
Penalties and enforcement
The Act itself does not create new criminal offences; it establishes mechanisms that change where and how existing community based sentences are administered and enforced. Enforcement tools and penalty consequences flow from the registration and Ministerial arrangements.
Resentencing and breach consequences
When an interstate sentence is registered in Queensland, the offender may be dealt with in Queensland for a breach of the sentence, whether the breach occurred before or happens after registration (section 18(1)(g)). Registration may therefore expose the offender to Queensland processes for breach and potential resentencing. Section 18(1)(e) states that the penalty for the relevant offence is to be taken to be the penalty under the law of the originating jurisdiction and not the penalty for an offence of that kind under Queensland law, but section 18(3) clarifies that this application of the originating penalty is only for the purpose of determining the penalty if the offender is resentenced in Queensland.
Limitations and preserved categories
The Act excludes certain categories from its application, namely parole orders, fines/financial penalties and orders compelling a particular act or reparation to a person (section 4(2)), and section 18(5) excludes certain sentences or decisions from having effect in Queensland where those decisions would impose a fine, require reparation, or impose detention or imprisonment as a consequence of an appeal or review in the originating jurisdiction.
Interstate travel permit regime and enforcement
Ministerial arrangements provide the procedural framework for granting permission to leave Queensland where a local sentence forbids leaving without permission (section 24(1)-(2)). The local authority must incorporate permission terms into an interstate travel permit and distribute copies to relevant interstate authorities (section 24(3)). While the offender is in a jurisdiction authorised by the permit, the permit conditions are substituted for the conditions of the local sentence for Queensland law purposes; compliance or noncompliance with the permit is treated as compliance or noncompliance with the local sentence (section 25(1)-(2)). The local authority may issue a warrant for the arrest of an interstate offender present in Queensland if advised that the interstate travel permit is no longer in force in Queensland or the local authority is satisfied the offender failed to comply with permit conditions (section 26(2)). Warrants permit arrest, conveyance across jurisdictions and delivery to interstate custody (section 26(3)-(4)). An interstate travel permit ceases to have effect in a receiving interstate jurisdiction if written notice of revocation is given to that interstate authority, or the offender is arrested under a warrant issued under the corresponding law of that jurisdiction (section 24(6)).
Reciprocal effect of interstate warrants
Warrants issued under corresponding interstate laws that authorise interstate law enforcement officers to convey offenders within or across Queensland have effect in Queensland according to their terms (section 27). This provides a statutory basis for cross-border enforcement and transfer under warrants issued by other jurisdictions.
Procedural constraints on enforcement
The Act requires that registration decisions be made in conformity with the registration criteria (section 13) and be recorded, with decisions to decline registration communicated in writing to the offender and interstate authority (section 14(6)). Precondition processes must be followed and notifications given when preconditions are imposed, varied or revoked (section 15(3)-(4)). Where a local sentence is registered in an interstate jurisdiction, Queensland may not commence or continue proceedings for a breach of conditions that occurred before registration in the interstate jurisdiction (section 21(1)(d)). That provision limits duplicate enforcement actions by Queensland when an interstate registration has occurred.
Evidentiary regime and proof
Certificates purporting to be signed by the local or interstate authority are evidence of matters appearing in the registers and courts must accept those certificates as proof unless evidence to the contrary exists (section 31(1)-(5)). This reduces the formal burden for proving the status of a sentence or parts served when enforcing or adjudicating breaches.
Operational enforcement impacts that are explicit in the Act
The Act places express obligations on authorities to supply information and to issue notices at prescribed points: registration notices (section 17), precondition notices (section 15(3)), permit issuance, variation and revocation notices (section 24(3)-(5)), and notifications to interstate authorities about inaccuracies (sections 29-30). These procedural obligations are part of the enforceable administrative regime and will affect how enforcement is operationalised.
What the Act does not do
The Act does not itself prescribe sanctions or new penalties beyond enabling existing enforcement and resentencing processes under Queensland law. It does not create new offences or prescribe fixed penalties for breaches; the applicable penalties continue to be those available under the law in which the offender is to be dealt with, subject to the specific rules in section 18 governing how penalties are to be treated in Queensland after registration.
In sum, enforcement under the Act uses existing sentencing, breach and warrant mechanisms, reallocated through registration and Ministerial arrangements, supported by evidentiary certificates and procedural notifications. Administrative compliance and the rules about substitution of permit conditions for sentence conditions determine much of the practical enforcement effect.
How it interacts with other laws
The Act is expressly written to operate alongside and in connection with other state and Commonwealth laws. It provides mechanisms for cross-jurisdictional administration while preserving particular regimes and making certain indemnities and precedence clear.
Relationship with originating jurisdiction law and appeals
The Act preserves rights of appeal or review in the originating jurisdiction in relation to conviction or sentence (section 18(4)). It states that any sentence or decision imposed or made on an appeal or review in the originating jurisdiction has effect in Queensland as if validly imposed or made on an appeal or review in Queensland, other than to the extent the sentence or decision imposes a fine or other financial penalty, requires reparation, or imposes detention or imprisonment (section 18(5)). The Act therefore recognises and gives velocity to appellate outcomes in the originating jurisdiction, but limits their effect in Queensland where they would impose fines, reparation or terms of imprisonment.
Interaction with Queensland law on local sentences
Once an interstate sentence is registered in Queensland it "becomes a local sentence" and is taken to have been validly imposed by a court of Queensland with appropriate jurisdiction (section 18(1)(a)-(b)). The Act further provides that the law of Queensland applies to the registered sentence and breaches "with the changes, if any, prescribed by regulation" (section 18(1)(h)). This creates an interface where Queensland substantive law will generally govern enforcement and breach processes, but regulation can adjust how that application occurs.
Overlap with the Corrective Services Act 2006
The Act defines "local law enforcement officer" to include corrective services officers under the Corrective Services Act 2006 and police officers (section 22). That links operational enforcement to existing corrective services definitions and powers.
The Act contemplates corresponding laws in interstate jurisdictions and provides reciprocal effects. For example, a local sentence registered in an interstate jurisdiction becomes an interstate sentence and ceases to be a local sentence (section 21(1)(a)). Where a local sentence is registered interstate, Queensland must remove the sentence from its register if the interstate register records the registration (section 21(1)(c)). The Act also allows for warrants issued under corresponding interstate laws to operate in Queensland according to their terms (section 27), formalising a cross-border law-enforcement interface.
Service and Execution of Process Act 1992 (Cwlth)
The Act explicitly states that nothing in it is intended to limit or otherwise affect the operation of the Service and Execution of Process Act 1992 (Cwlth) (section 28). This indicates that Commonwealth processes for service and execution of process continue to have their operative effect regardless of the interstate transfer mechanisms established by this Act.
Regulatory interaction and delegated powers
The Act leaves significant procedural detail to subordinate legislation. The Governor in Council may make regulations under the Act (section 32). Regulations can declare a Queensland community based sentence to correspond to an interstate sentence even if it does not substantially correspond (section 13(2)(b)), and the required registration details are prescribed by regulation (section 16(3)). The decision-making power of the local authority must have regard to matters prescribed by regulation (section 14(2)(a)). This regulatory interaction means the Act's practical operation will be shaped by subsequent regulations and their alignment with existing state and interstate frameworks.
Information exchange and data accuracy processes
The Act establishes processes for information exchange and correction between registers. If the local authority discovers inaccuracies in the interstate register, it must tell the interstate authority how the information needs to be changed (section 29). If an offender lodges a written claim of inaccuracy with the interstate authority, the interstate authority may forward that claim to the Queensland local authority, which must check and respond (section 30). These provisions link the Act to the operational realities of record-keeping under corresponding interstate laws and their registers.
Limitations on subject matter
The Act does not apply to parole orders or sentences to the extent they impose fines or require reparation (section 4(2)). This exclusion means existing parole regimes and orders for reparation interact with, and sit outside, the transfer regime established here; practitioners must therefore consider which statutory regime governs these elements.
In short, the Act creates an administrative layer that sits over existing sentencing and registration regimes and that interacts with corrective services legislation, interstate corresponding laws, Commonwealth process laws, and delegated regulation. Its practical effect will depend materially on the content of the regulations and on the terms of Ministerial arrangements negotiated with interstate jurisdictions.
Amendment history
The text provided contains the Act as enacted, including provisions for commencement by proclamation (section 2), but no subsequent amendments or amendment dates are recorded in the supplied material. The Act establishes the legal architecture and delegates to regulation many operational details, which means the practical legal regime will evolve through regulatory instruments rather than through immediate statutory amendment.
Key structural features relevant to amendment and delegation
Commencement is by proclamation (section 2), so operative dates for the Act depend on a later proclamation which is not supplied in this text.
The Governor in Council has an express regulation-making power (section 32). The Act depends on regulations to prescribe required registration details (section 16(3)) and permits regulations to declare that a Queensland community based sentence corresponds to an interstate sentence even if not substantially corresponding (section 13(2)(b)). Thus substantive operational changes and specifications are likely to be implemented through regulation rather than primary statute, within the scope authorised.
The Act authorises the Minister to enter Ministerial arrangements with corresponding interstate Ministers (section 23). Those arrangements are external to the statute and can be negotiated and varied without amending the Act. The Ministerial arrangements, once in place, will govern permission to travel and specific administrative exchanges. If the arrangements or regulations change, the practical effect of the Act will change accordingly, even if the principal statute is unamended.
What the supplied text does not record
No instruments, regulations, Ministerial arrangements, proclamations, or subsequent amendments are provided in the supplied material. There is no list of subordinate legislation, commencement dates, or amendment history appended to the text.
Practical consequence for practitioners
Because the Act delegates operational detail to regulations and Ministerial arrangements, a comprehensive understanding of the law’s operative effect in practice requires inspection of any regulations made under section 32 and any Ministerial arrangements entered under section 23. Absent those subordinate instruments, the Act sets a framework but leaves the day-to-day mechanics to instruments yet to be supplied.
In sum, the statute as provided supplies the legal framework and the powers to alter operational detail via regulation and ministerial agreement, but the supplied text contains no recorded amendment history or subsidiary instruments. Users of this analysis should check the statutes register, the Queensland Government Gazette and Ministerial publications for any proclamations, regulations or arrangements made under the Act after its passage.
Litigation history
The supplied text contains no reported cases or litigation history. The Act itself does not cite judicial decisions, nor does the text include any annotation of judicial interpretation or challenge. The absence of recorded litigation in the provided material means that practitioners will need to look to subsequent case law and decisions after the Act’s commencement to identify legal disputes that test its provisions.
Potentially litigable issues that the text frames
Discretionary refusal to register despite criteria met. Section 14(3) expressly permits the local authority "may decide not to register the interstate sentence even if satisfied the registration criteria are met". That explicit discretion may be the subject of judicial review or administrative law challenge where an applicant alleges an unreasonable exercise of discretion, failure to have regard to relevant considerations prescribed by regulation or otherwise, or procedural unfairness if the authority decides without affording an opportunity to be heard. The Act also provides that the local authority may decide based on documents and information without hearing the offender (section 14(4)), which could itself be a ground for procedural challenge in appropriate circumstances.
Meaning and scope of "corresponding" sentence. Section 13(2) allows correspondence to be tested by "substantially the same nature" of penalty and conditions, and alternatively permits a regulatory declaration of correspondence whether or not substantial correspondence exists. Disputes may arise over whether a particular Queensland sentence corresponds to an interstate sentence, especially where a regulation has not declared correspondence. Challenges could concern whether registration criteria have been appropriately applied.
Evidentiary certificates and rebuttal. Section 31 gives certificates purporting to be signed by the local or interstate authority evidentiary weight and requires courts to accept them as proof unless there is evidence to the contrary (section 31(5)). Litigation may focus on what constitutes sufficient "evidence to the contrary" to rebut a certificate, and disputes may arise about admissibility and the quality of the underlying register entries.
Accuracy and correction of interstate register entries. Sections 29-30 establish a process for correction and dispute about interstate register entries. Litigation might arise where an offender disputes the local authority’s response to an interstate register entry or where the interstate authority refuses to amend its register despite the local authority’s notifications.
Cross-border warrant and conveyance powers. Section 26 authorises the local authority to issue a warrant where an interstate travel permit is no longer in force or where noncompliance is established; such warrants authorise conveyance "within or across any interstate jurisdiction". Questions may arise about the limits of such conveyance powers, the rights of custody transfers across borders, and compliance with relevant rights during cross-border transport.
Rights of appeal and review. Section 18(4) preserves rights of appeal or review in the originating jurisdiction, and section 18(6) states that the section does not give any right to the offender to an appeal or review in Queensland. Litigation could explore the interface between preserved originating jurisdiction appeals and Queensland's procedural regime for resentencing or dealing with breaches.
Absence of case law in the text
Because the supplied Act text contains no litigation history or reported decisions, these potential points remain speculative in litigation terms, though grounded in statutory text. Actual avenues of dispute and judicial resolution will depend on how the Act has been operated, how regulations and ministerial arrangements have been framed, and how courts have interpreted the Act in practice since commencement. Practitioners should search post-commencement case law for decisions construing sections 13, 14, 18, 26 and 31 for authoritative guidance.
In summary, no litigation history is recorded in the supplied text, but the statute contains several features that, once operationalised, are plausibly subject to administrative law and constitutional challenges, and to judicial interpretation in relation to discretion, evidentiary presumptions, cross-border enforcement and register accuracy. Identification of settled law requires review of subsequent case law not contained in the present material.
Gotchas
This Act has multiple procedural and substantive traps for the unwary. The following points set out concrete pitfalls anchored to the text.
Consent window and withdrawal limit
Offender consent is necessary for registration, and consent can be withdrawn only up to the point of registration. Section 10(2)(b) requires a copy of the offender’s consent as part of the request, and section 12 allows the offender to withdraw consent "at any time before, but not after, its registration" by giving written notice to the local authority. Practitioners must advise clients that post-registration they may not be able to revoke the transfer.
Discretionary refusal despite meeting criteria
The local authority must not register unless satisfied the registration criteria are met, but section 14(3) also makes clear the authority "may decide not to register the interstate sentence even if satisfied the registration criteria are met". That creates legal uncertainty for applicants who meet the statutory criteria but may have their requests refused for reasons not firmly stated in the Act. There is no statutory list of reasons that would compel registration.
Precondition satisfiability, timing and residency tests
The local authority may impose preconditions to test compliance capability, such as a requirement that the offender be living in Queensland by a stated day or report to a local person at a stated time (section 15(2)). Registration when preconditions are imposed requires the local authority to be satisfied that the preconditions are capable of being met (section 16(2)). The "capable of being met" standard may lead to practical disputes about what proof suffices and creates the risk of delay or rejection on capability grounds.
Regulatory declaration of correspondence
Section 13(2)(b) allows regulations to declare that a Queensland community based sentence corresponds to an interstate sentence "whether or not the sentence corresponds, or substantially corresponds" to the interstate sentence. This delegates substantial alignment of sentencing categories to regulation. A practitioner cannot rely solely on statutory comparators; the regulation schedule must be checked to confirm declared correspondences.
Penalty determination nuance on resentencing
Section 18(1)(e) states the penalty for the relevant offence is taken to be the penalty under the law of the originating jurisdiction, but section 18(3) limits that to the purpose of determining penalty only where the offender is resentenced in Queensland. The rule does not mean that any Queensland sentencing procedure will mechanically import the originating jurisdiction’s full penalty regime in every context.
Interstate travel permit substitution
While a permit is in force and the offender is present in a jurisdiction authorised by the permit, the permit's conditions are substituted for the conditions of the local sentence for Queensland law purposes (section 25(2)). That substitution can change compliance expectations while the offender is travelling and can expose the offender to consequences in either jurisdiction depending on the permit terms. Practitioners should check permit terms carefully because compliance or non-compliance with permit conditions is treated as compliance or non-compliance with the relevant local sentence.
Travel permit cessation and arrest consequences
An interstate travel permit ceases to have effect in a receiving jurisdiction if written notice is given to that jurisdiction or the offender is arrested under a warrant issued under the corresponding law of that jurisdiction (section 24(6)). A revocation notice given to an interstate authority takes effect in that jurisdiction regardless of whether the offender has received the notice, which may produce surprises if the offender expects continued legal authority to remain in that jurisdiction.
Certificates as proof but rebuttable
Section 31 makes certificates purporting to be signed by the local or interstate authority evidence of register entries and requires courts to accept them as proof unless there is contrary evidence. While this expedites proof, it also creates a potentially high bar for mounting a factual rebuttal in enforcement proceedings where inaccurate register entries have not been corrected.
Data and privacy burden of document list
The list of documents required with a registration request (section 10(2)(a)-(i)) is voluminous, including pre-sentence reports, psychological assessments, criminal record details, compliance history and an explanation that the offender has been informed about Queensland law. This creates both an administrative burden and potential privacy considerations for agencies tasked with compiling and transferring sensitive records.
Excluded categories remain excluded
The Act does not apply to sentences to the extent they impose fines, require reparation or involve parole orders (section 4(2)). Attempts to transfer these components under this Act will fail; such items must be handled under other legal mechanisms or by negotiation between jurisdictions.
Potential for re-registering and circularity
The Act specifically allows for registration in Queensland even where the sentence was previously registered in Queensland, or where Queensland is the originating jurisdiction, or where the interstate jurisdiction is not the originating jurisdiction (section 14(5)). That flexibility can produce circular or repeated registrations that complicate enforcement history and record-keeping.
Ministerial arrangements govern travel permissions
The operation of permissions to travel and associated processes is governed by Ministerial arrangements rather than by detailed statutory rules (section 24(2), section 23). Practitioners must obtain and scrutinise the actual Ministerial arrangements to understand practical procedures and conditions.
No statutory funding or cost recovery scheme
The Act imposes duties on correctional and administrative agencies but contains no provision for funding or cost recovery for processing registration requests, maintaining registers or cross-border conveyance. The absence of funding detail means administrative capacity and resourcing can materially affect how quickly and predictably the Act operates in practice.
In short, the Act places numerous procedural and evidentiary obligations on authorities and offenders, while leaving discretion and many operational details to regulation and Ministerial arrangements. The practical "gotchas" include consent timing, discretionary refusals, precondition proof standards, regulatory declarations of correspondence, substituted permit conditions and the evidentiary weight of certificates.
How to comply
For agencies, authorised officers, lawyers representing offenders and interstate authorities, compliance requires documentary discipline, procedural timeliness and careful interaction with delegated instruments such as regulations and Ministerial arrangements. The following practical checklist and recommended steps are grounded in the statutory text.
For interstate authorities requesting registration in Queensland (incoming requests)
Prepare the request in writing with the required particulars: offender name, date of birth, last known address and any other particulars required by the local authority (section 10(1)(a)-(b)).
Assemble and attach the required documents set out in section 10(2):
certified copy of the interstate sentence (section 10(2)(a));
copy of the offender’s consent for registration (section 10(2)(b));
copies of all relevant pre-sentence reports for each offence for which the offender remains subject to an interstate sentence (section 10(2)(c));
copies of relevant psychological or other assessments (section 10(2)(d));
a document detailing the offender's criminal record and compliance with the interstate sentence and any other non-custodial sentence (section 10(2)(e));
a statement explaining which part of the sentence has been served in the interstate jurisdiction or other jurisdictions (section 10(2)(f));
a statement confirming that the interstate authority has explained, in language likely to be readily understood by the offender, the consequences of registration under Queensland law including possible resentencing and the potential for different penalties for breaches (section 10(2)(g));
a statement setting out the offender’s reasons for requesting registration (section 10(2)(h));
any other documents the local authority requires (section 10(2)(i)).
Be prepared to respond promptly to requests for additional information from the local authority (section 11).
Ensure that the explanation given to the offender about Queensland consequences is documented, as the local authority must be able to rely on the interstate authority’s statement that this explanation was given (section 10(2)(g)).
For the local authority (Queensland chief executive)
Maintain a local register and ensure staff understand the required registration details that will be prescribed by regulation (sections 8(1), 16(3)).
On receiving a compliant written request (section 10(1)), verify the included documents and consider whether the registration criteria are satisfied (section 13(1)). Criteria to check include:
current consent and that it has not been withdrawn (sections 10(2)(b), 12, 13(1)(a));
existence of a corresponding community based sentence under Queensland law (section 13(1)(b), section 13(2));
offender capacity to comply in Queensland (section 13(1)(c));
capacity to safely, efficiently and effectively administer the sentence in Queensland (section 13(1)(d)).
If additional information is needed, request it under section 11.
Decide whether to:
register the interstate sentence (section 14(1)(a));
register subject to preconditions and impose them under section 15 (section 14(1)(b), section 15); or
decline to register and give written notice of the decision to the offender and interstate authority (section 14(1)(c), section 14(6)).
If imposing preconditions, document and notify their content to the offender and interstate authority, and ensure preconditions are capable of being met before entering the register (sections 15(1), 15(3), 16(2)).
Enter required registration details into the local register when registering a sentence (section 16(1)) and give written notice of registration stating the registration day to the offender and interstate authority (section 17).
If recording inaccuracies in an interstate register for a local sentence registered interstate, notify the interstate authority of corrections required and supply details of parts served in Queensland or appeal outcomes (section 29). If the interstate authority refers a written claim from an offender about inaccuracy, check and respond promptly to that claim under section 30.
Use certificates under section 31 for evidentiary purposes when proving register status in court, taking care to maintain accurate records to withstand rebuttal.
For issuing and managing interstate travel permits
Ensure Ministerial arrangements are in place and that operational staff understand the applicable arrangements for granting, varying and revoking permissions to leave Queensland (sections 23, 24(2)).
Incorporate terms and conditions into an interstate travel permit as soon as practicable after permission is granted, and give copies to the offender and to the interstate authorities of jurisdictions to which the permit authorises travel (section 24(3)).
If terms or conditions are varied, promptly incorporate the variation into an amended permit and distribute copies to the offender and relevant interstate authorities (section 24(4)).
If permission is revoked, immediately notify the offender and the interstate authorities to which the permit authorised travel (section 24(5)). Be aware that revocation notifications take effect in the receiving jurisdiction regardless of whether the offender has received them (section 24(6)(a)).
While a permit is in force and the offender is in an authorised interstate jurisdiction, substitute the permit conditions for the local sentence conditions in respect of Queensland law and treat compliance or non-compliance accordingly (section 25).
For enforcement and warrants
If advised by the relevant interstate authority that an interstate travel permit is no longer in force in Queensland, or if the local authority is satisfied the offender failed to comply with permit conditions, be prepared to issue a warrant for arrest of an interstate offender who is present in Queensland (section 26(2)).
Ensure warrants authorise arrest, conveyance to a place stated in the warrant and delivery into the custody of an interstate law enforcement officer where required, and document the basis for the warrant in clerical records (section 26(3)).
Recognise that warrants under corresponding interstate laws have effect in Queensland according to their terms (section 27), and coordinate with interstate law enforcement authorities for custody transfers.
For legal advisers representing offenders
Confirm that the offender’s consent is fully informed and documented, including the interstate authority’s statement that the offender has been explained the consequences under Queensland law in a form likely to be readily understood (section 10(2)(g)). Ensure copies of this explanation are obtained and retained.
Advise clients that consent can be withdrawn only before registration (section 12), and that registration may expose the client to Queensland’s processes for breach and possible resentencing (section 18(1)(g), section 18(3)).
Check whether the Queensland sentence "corresponds" to the interstate sentence by reference to penalties and conditions and confirm whether regulations declare correspondence (section 13(2)). Where the correspondence is not obvious, obtain a formal assessment from the local authority.
If registration is refused despite criteria being met, consider administrative review or judicial review options focused on decision-making processes, relevant considerations and procedural fairness (section 14(3)-(6)).
Records, privacy and chain of custody
Ensure secure handling of sensitive documents such as pre-sentence reports and psychological assessments supplied under section 10(2)(c)-(d). Maintain chains of custody and data security to guard against privacy breaches.
Use certificates under section 31 for proof but preserve underlying records to rebut any challenge that seeks to contradict register entries.
Finally, monitor subordinate instruments
Because many operational details are delegated to regulations and Ministerial arrangements, compliance requires review of the regulations made under section 32 and the terms of any Ministerial arrangements negotiated under section 23. Practitioners should maintain a compliance manual that cross-references the Act, the current regulations, and any published Ministerial arrangements.
Following these documented steps, maintaining contemporaneous records of consents, notices, preconditions, permit copies and register entries, and liaising promptly with interstate authorities will materially reduce procedural errors when using the Act’s mechanisms.
The local authority for Queensland is the chief executive.
sec.7 Delegation by local authority
sec.7 Delegation by local authority
The local authority may delegate to an appropriately qualified person (the delegate ) a function of the local authority under this Act.
The delegation may permit the delegate to subdelegate the delegated function to another appropriately qualified person.
(sec.7-ssec.1) The local authority may delegate to an appropriately qualified person (the delegate ) a function of the local authority under this Act.
(sec.7-ssec.2) The delegation may permit the delegate to subdelegate the delegated function to another appropriately qualified person.
sec.8 Functions and powers
sec.8 Functions and powers
The local authority must keep a register (the local register ) of interstate sentences registered under this Act.
The local authority has the power to do anything necessary or convenient to be done for, or in connection with, the performance of its functions under this Act.
(sec.8-ssec.1) The local authority must keep a register (the local register ) of interstate sentences registered under this Act.
(sec.8-ssec.2) The local authority has the power to do anything necessary or convenient to be done for, or in connection with, the performance of its functions under this Act.
pt.3 Registration of interstate sentences in Queensland
Registration of interstate sentences in Queensland
sec.9 Request for transfer of interstate sentence
sec.9 Request for transfer of interstate sentence
The local authority may register an interstate sentence in Queensland at the request of the interstate authority for the interstate jurisdiction in which the sentence is in force.
sec.10 Form of request for registration
sec.10 Form of request for registration
The local authority must consider the request if the request—
is in writing; and
states the following particulars—
the offender’s name;
the offender’s date of birth;
the offender’s last known address;
the other particulars required by the local authority; and
is accompanied by the documents mentioned in subsection (2) .
The documents to accompany the request are—
a copy of the interstate sentence certified by the interstate authority; and
a copy of the offender’s consent for the registration of the interstate sentence in Queensland; and
a copy of all relevant pre-sentence reports about the offender held by the interstate jurisdiction for each offence committed by the offender for which the offender is subject to an interstate sentence; and
a copy of all relevant psychological or other assessments of the offender held by the interstate authority; and
a document of the details held by the interstate authority of—
the offender’s criminal record, whether in or outside Australia; and
the offender’s compliance with the interstate sentence and any other non-custodial sentence; and
a statement by the interstate authority explaining which part of the interstate sentence has been served in the interstate jurisdiction, or any other interstate jurisdiction, before the request was made; and
a statement by the interstate authority that the authority has explained to the offender, in language likely to be readily understood by the offender, that, if the interstate sentence is registered in Queensland—
the offender will be bound by the requirements of the law of Queensland relating to the sentence; and
a breach of the sentence may result in the offender being resentenced in Queensland for the offence; and
the other consequences for a breach of the sentence in Queensland may be different from the consequences for a breach of the sentence in the interstate jurisdiction, and, in particular, the penalties for breach of the sentence may be different; and
a statement by the interstate authority setting out the reasons given by the offender for requesting to register the interstate sentence in Queensland; and
any other documents required by the local authority.
For subsection (2) (c) , an offender is subject to an interstate sentence if the sentence has not been fully served or has not been discharged.
In considering the request, the local authority may consider any other information or other documents given to the local authority by the interstate authority.
(sec.10-ssec.1) The local authority must consider the request if the request— is in writing; and states the following particulars— the offender’s name; the offender’s date of birth; the offender’s last known address; the other particulars required by the local authority; and is accompanied by the documents mentioned in subsection (2) .
(sec.10-ssec.2) The documents to accompany the request are— a copy of the interstate sentence certified by the interstate authority; and a copy of the offender’s consent for the registration of the interstate sentence in Queensland; and a copy of all relevant pre-sentence reports about the offender held by the interstate jurisdiction for each offence committed by the offender for which the offender is subject to an interstate sentence; and a copy of all relevant psychological or other assessments of the offender held by the interstate authority; and a document of the details held by the interstate authority of— the offender’s criminal record, whether in or outside Australia; and the offender’s compliance with the interstate sentence and any other non-custodial sentence; and a statement by the interstate authority explaining which part of the interstate sentence has been served in the interstate jurisdiction, or any other interstate jurisdiction, before the request was made; and a statement by the interstate authority that the authority has explained to the offender, in language likely to be readily understood by the offender, that, if the interstate sentence is registered in Queensland— the offender will be bound by the requirements of the law of Queensland relating to the sentence; and a breach of the sentence may result in the offender being resentenced in Queensland for the offence; and the other consequences for a breach of the sentence in Queensland may be different from the consequences for a breach of the sentence in the interstate jurisdiction, and, in particular, the penalties for breach of the sentence may be different; and a statement by the interstate authority setting out the reasons given by the offender for requesting to register the interstate sentence in Queensland; and any other documents required by the local authority.
(sec.10-ssec.3) For subsection (2) (c) , an offender is subject to an interstate sentence if the sentence has not been fully served or has not been discharged.
(sec.10-ssec.4) In considering the request, the local authority may consider any other information or other documents given to the local authority by the interstate authority.
(a) is in writing; and
(b) states the following particulars— (i) the offender’s name; (ii) the offender’s date of birth; (iii) the offender’s last known address; (iv) the other particulars required by the local authority; and
(i) the offender’s name;
(ii) the offender’s date of birth;
(iii) the offender’s last known address;
(iv) the other particulars required by the local authority; and
(c) is accompanied by the documents mentioned in subsection (2) .
(i) the offender’s name;
(ii) the offender’s date of birth;
(iii) the offender’s last known address;
(iv) the other particulars required by the local authority; and
(a) a copy of the interstate sentence certified by the interstate authority; and
(b) a copy of the offender’s consent for the registration of the interstate sentence in Queensland; and
(c) a copy of all relevant pre-sentence reports about the offender held by the interstate jurisdiction for each offence committed by the offender for which the offender is subject to an interstate sentence; and
(d) a copy of all relevant psychological or other assessments of the offender held by the interstate authority; and
(e) a document of the details held by the interstate authority of— (i) the offender’s criminal record, whether in or outside Australia; and (ii) the offender’s compliance with the interstate sentence and any other non-custodial sentence; and
(i) the offender’s criminal record, whether in or outside Australia; and
(ii) the offender’s compliance with the interstate sentence and any other non-custodial sentence; and
(f) a statement by the interstate authority explaining which part of the interstate sentence has been served in the interstate jurisdiction, or any other interstate jurisdiction, before the request was made; and
(g) a statement by the interstate authority that the authority has explained to the offender, in language likely to be readily understood by the offender, that, if the interstate sentence is registered in Queensland— (i) the offender will be bound by the requirements of the law of Queensland relating to the sentence; and (ii) a breach of the sentence may result in the offender being resentenced in Queensland for the offence; and (iii) the other consequences for a breach of the sentence in Queensland may be different from the consequences for a breach of the sentence in the interstate jurisdiction, and, in particular, the penalties for breach of the sentence may be different; and
(i) the offender will be bound by the requirements of the law of Queensland relating to the sentence; and
(ii) a breach of the sentence may result in the offender being resentenced in Queensland for the offence; and
(iii) the other consequences for a breach of the sentence in Queensland may be different from the consequences for a breach of the sentence in the interstate jurisdiction, and, in particular, the penalties for breach of the sentence may be different; and
(h) a statement by the interstate authority setting out the reasons given by the offender for requesting to register the interstate sentence in Queensland; and
(i) any other documents required by the local authority.
(i) the offender’s criminal record, whether in or outside Australia; and
(ii) the offender’s compliance with the interstate sentence and any other non-custodial sentence; and
(i) the offender will be bound by the requirements of the law of Queensland relating to the sentence; and
(ii) a breach of the sentence may result in the offender being resentenced in Queensland for the offence; and
(iii) the other consequences for a breach of the sentence in Queensland may be different from the consequences for a breach of the sentence in the interstate jurisdiction, and, in particular, the penalties for breach of the sentence may be different; and
sec.11 Request for additional information
sec.11 Request for additional information
The local authority may ask the interstate authority for additional information about the interstate sentence or the offender.
sec.12 Withdrawal of offender’s consent
sec.12 Withdrawal of offender’s consent
The offender may withdraw consent to the registration of the interstate sentence at any time before, but not after, its registration by giving written notice of the withdrawal to the local authority.
sec.13 Registration criteria
sec.13 Registration criteria
The registration criteria are that—
the offender has consented to the interstate sentence being registered in Queensland and has not withdrawn the consent; and
there is a corresponding community based sentence under the law of Queensland; and
the offender is capable of complying with the interstate sentence in Queensland; and
the interstate sentence is capable of being safely, efficiently and effectively administered in Queensland.
For subsection (1) (b) , there is a corresponding community based sentence under the law of Queensland for an interstate sentence if—
a community based sentence under the law of Queensland corresponds, or substantially corresponds, to the interstate sentence because—
a penalty of substantially the same nature as the penalty imposed by the interstate sentence can be imposed under the community based sentence; and
conditions of substantially the same nature as the conditions to which the interstate sentence is subject can be imposed in relation to the community based sentence; or
a community based sentence under the law of Queensland is declared by regulation to correspond to the interstate sentence, whether or not the sentence corresponds, or substantially corresponds, to the interstate sentence.
(sec.13-ssec.1) The registration criteria are that— the offender has consented to the interstate sentence being registered in Queensland and has not withdrawn the consent; and there is a corresponding community based sentence under the law of Queensland; and the offender is capable of complying with the interstate sentence in Queensland; and the interstate sentence is capable of being safely, efficiently and effectively administered in Queensland.
(sec.13-ssec.2) For subsection (1) (b) , there is a corresponding community based sentence under the law of Queensland for an interstate sentence if— a community based sentence under the law of Queensland corresponds, or substantially corresponds, to the interstate sentence because— a penalty of substantially the same nature as the penalty imposed by the interstate sentence can be imposed under the community based sentence; and conditions of substantially the same nature as the co
This is an opening excerpt, not the complete document.