Community Based Sentences (Interstate Transfer) Act 2020
sec.13Registration criteria
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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criteria are that— the offender has consented to the interstate sentence being registered in Queensland and has not withdrawn the consent; and there is a corresponding community based sentence under the law of Queensland; and the offender is capable of complying with the interstate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criteria are that— the offender has consented to the interstate sentence being registered in Queensland and has not withdrawn the consent; and there is a corresponding community based sentence under the law of Queensland; and the offender is capable of complying with the interstate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