NORTHERN TERRITORY OF AUSTRALIA
COMMUNITY BASED SENTENCES (INTERSTATE TRANSFER) ACT 2023
As in force at 25 March 2024
Table of provisions
Part 1 Preliminary matters
1 Short title ......................................................................................... 1
2 Commencement .............................................................................. 1
3 Purpose of Act ................................................................................. 1
4 Application of Act ............................................................................. 1
5 Definitions ........................................................................................ 2
Part 2 Key concepts for Act
6 Community based sentences .......................................................... 3
7 Local and interstate sentences ........................................................ 4
8 Corresponding law........................................................................... 4
Part 3 Administration
9 Local authority ................................................................................. 4
10 Delegation by local authority............................................................ 4
11 Functions and powers of local authority .......................................... 4
Part 4 Registration of interstate sentences in the
Territory
12 Request for transfer of interstate sentence ...................................... 4
13 Form of request for registration ....................................................... 5
14 Request for additional information ................................................... 6
15 Withdrawal of offender's consent ..................................................... 6
16 Registration criteria .......................................................................... 6
17 Decision on request ......................................................................... 7
18 Preconditions for registration ........................................................... 8
19 Registration of interstate sentence .................................................. 9
20 Notice of registration ........................................................................ 9
21 Effect of registration ......................................................................... 9
Part 5 Registration of local sentences in
interstate jurisdictions
22 Request for transfer of local sentence ........................................... 10
23 Providing additional information..................................................... 10
24 Effect of interstate registration ....................................................... 11
Community Based Sentences (Interstate Transfer) Act 2023 ii
Part 6 Miscellaneous matters
25 Inaccurate information about local sentence registered
interstate ........................................................................................ 12
26 Dispute about accuracy of information about local sentence
registered interstate ....................................................................... 12
27 Evidence of registration and registered particulars ........................ 13
28 Regulations.................................................................................... 13
ENDNOTES
Section 1 - Community Based Sentences (Interstate Transfer) Act 2023 - Community Based Sentences (Interstate Transfer) Act 2023 | Zoe
NORTHERN TERRITORY OF AUSTRALIA
As in force at 25 March 2024
COMMUNITY BASED SENTENCES (INTERSTATE TRANSFER) ACT 2023
An Act to provide for community based sentences imposed in
participating jurisdictions to be transferred, by registration, between
participating jurisdictions
Part 1 Preliminary matters
1 Short title
This Act may be cited as the Community Based Sentences
(Interstate Transfer) Act 2023.
2 Commencement
(1) Subject to subsection (2), this Act commences on the day fixed by
the Administrator by Gazette notice.
(2) If a provision of this Act does not commence before
24 July 2025, it commences on that day.
3 Purpose of Act
The purpose of this Act is to enable community based sentences
imposed in participating jurisdictions to be transferred, by
registration, between participating jurisdictions.
4 Application of Act
(1) This Act applies to sentences imposed by courts on:
(a) adults convicted or found guilty of offences; and
(b) persons under the age of 18 years who have been sentenced
to a community based sentence under the Sentencing
Act 1995.
(2) This Act does not apply to the following:
(a) a parole order;
Part 1 Preliminary matters
Community Based Sentences (Interstate Transfer) Act 2023 2
(b) a sentence to the extent it imposes a fine or other financial
penalty;
(c) a sentence to the extent it requires the making of reparation.
5 Definitions
In this Act:
community based sentence, see section 6.
corresponding law, see section 8.
interstate authority, for an interstate jurisdiction, means the local
authority for the jurisdiction under the corresponding law of the
jurisdiction.
interstate jurisdiction means a participating jurisdiction other than
the Territory.
interstate register, for an interstate jurisdiction, means a register
kept under the corresponding law of the interstate jurisdiction.
interstate sentence, see section 7(2).
jurisdiction means a State or Territory of the Commonwealth.
local authority, see section 9.
local register, see section 11(1).
local sentence, see section 7(1).
offender, for a sentence, means the person who is subject to the
sentence.
participating jurisdiction means the following:
(a) the Territory;
(b) a State or Territory of the Commonwealth declared by the
regulations to be a participating jurisdiction.
registration criteria, see section 16.
sentence means an order, decision or other sentence, however
described, and includes part of a sentence.
Note for section 5
The Interpretation Act 1978 contains definitions and other provisions that may be
relevant to this Act.
Part 2 Key concepts for Act
Community Based Sentences (Interstate Transfer) Act 2023 3
Part 2 Key concepts for Act
6 Community based sentences
(1) A community based sentence is:
(a) for the Territory:
(i) a community correction order or intensive community
correction order made under the Sentencing Act 1995;
or
(ii) a suspended sentence of imprisonment imposed under
section 40 of the Sentencing Act 1995 that is a
monitoring order as defined in section 166 of the
Correctional Services Act 2014; or
(iii) a community work order, community based order, home
detention order or community custody order made under
the Sentencing Act 1995 as in force before the
commencement of Part 2 of the Sentencing and Other
Legislation Amendment Act 2022; or
(iv) an order made under section 11 or 13 of the Sentencing
Act 1995 as in force before the commencement of Part 2
of the Sentencing and Other Legislation Amendment
Act 2022 that is a monitoring order as defined in
section 166 of the Correctional Services Act 2014; or
(vii) any other sentence prescribed by regulation; or
(b) for an interstate jurisdiction – a sentence that is a community
based sentence under the corresponding law of the
jurisdiction.
(2) For subsection (1), each of the following orders or sentences and
the sentence of imprisonment in relation to which the order was
made or the sentence was imposed is taken to be a single
community based sentence:
(a) an intensive community correction order mentioned in
subsection (1)(a)(i);
(b) a suspended sentence of imprisonment mentioned in
subsection (1)(a)(ii);
(c) a home detention order mentioned in subsection (1)(a)(iii);
(d) a community custody order mentioned in subsection (1)(a)(iii).
Part 4 Registration of interstate sentences in the Territory
Community Based Sentences (Interstate Transfer) Act 2023 4
7 Local and interstate sentences
(1) A local sentence is a community based sentence in force in the
Territory.
(2) An interstate sentence is a community based sentence in force in
an interstate jurisdiction.
8 Corresponding law
A corresponding law is a law of an interstate jurisdiction:
(a) corresponding, or substantially corresponding, to this Act; or
(b) prescribed by regulation, whether or not the law corresponds,
or substantially corresponds, to this Act.
Part 3 Administration
9 Local authority
The local authority is the Commissioner of Correctional Services.
10 Delegation by local authority
The local authority may delegate any of the local authority's
functions under this Act to a person who, in the opinion of the local
authority, is an appropriately qualified person to perform the
function.
11 Functions and powers of local authority
(1) The local authority must keep a register (the local register) of
interstate sentences registered under this Act.
(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.
Part 4 Registration of interstate sentences in the
Territory
12 Request for transfer of interstate sentence
The local authority may register an interstate sentence in the
Territory at the request of the interstate authority for the interstate
jurisdiction in which the sentence is in force.
Part 4 Registration of interstate sentences in the Territory
Community Based Sentences (Interstate Transfer) Act 2023 5
13 Form of request for registration
(1) The local authority must consider the request if the request:
(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) any other particulars required by the local authority; and
(c) is accompanied by the documents mentioned in
subsection (2).
(2) The following documents must accompany the request:
(a) a copy of the interstate sentence certified by the interstate
authority;
(b) a copy of the offender's consent to the registration of the
interstate sentence in the Territory;
(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;
(d) a copy of all relevant psychological or other assessments of
the offender held by the interstate authority;
(e) a document including the following details held by the
interstate authority:
(i) the offender's criminal record, whether in or outside
Australia;
(ii) the offender's compliance with the interstate sentence
and any other non-custodial sentence;
(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;
Part 4 Registration of interstate sentences in the Territory
Community Based Sentences (Interstate Transfer) Act 2023 6
(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 the Territory:
(i) the offender will be bound by the requirements of the law
of the Territory relating to the sentence; and
(ii) a breach of the sentence may result in the offender
being resentenced in the Territory for the offence; and
(iii) the other consequences for a breach of the sentence in
the Territory 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;
(h) a statement by the interstate authority setting out the reasons
given by the offender for requesting to register the interstate
sentence in the Territory;
(i) any other documents required by the local authority.
(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.
(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.
14 Request for additional information
The local authority may ask the interstate authority for additional
information about the interstate sentence or the offender.
15 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.
16 Registration criteria
(1) The registration criteria are that:
(a) the offender has consented to the interstate sentence being
registered in the Territory and has not withdrawn the consent;
and
Part 4 Registration of interstate sentences in the Territory
Community Based Sentences (Interstate Transfer) Act 2023 7
(b) there is a corresponding community based sentence under the
law of the Territory; and
(c) the offender is capable of complying with the interstate
sentence in the Territory; and
(d) the interstate sentence is capable of being safely, efficiently
and effectively administered in the Territory.
(2) For subsection (1)(b), there is a corresponding community based
sentence under the law of the Territory for an interstate sentence if:
(a) a community based sentence under the law of the Territory
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
(b) a community based sentence under the law of the Territory is
prescribed by regulation to correspond to the interstate
sentence, whether or not the sentence corresponds, or
substantially corresponds, to the interstate sentence.
17 Decision on request
(1) The local authority may decide:
(a) to register the interstate sentence; or
(b) to register the interstate sentence subject to any preconditions
imposed under section 18; or
(c) to not register the interstate sentence.
(2) In deciding whether to register the interstate sentence, the local
authority:
(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.
Part 4 Registration of interstate sentences in the Territory
Community Based Sentences (Interstate Transfer) Act 2023 8
(3) The local authority:
(a) may decide not to register the interstate sentence even if
satisfied that the registration criteria are met; and
(b) must not register the interstate sentence unless satisfied that
the registration criteria are met.
(4) The local authority may decide whether to register the interstate
sentence, or to impose any preconditions, based 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.
(5) To avoid doubt, the local authority may decide to register the
interstate sentence even if:
(a) the interstate jurisdiction is not the originating jurisdiction for
the sentence; or
(b) the sentence has previously been registered in the Territory or
the Territory is the originating jurisdiction for the sentence; or
(c) the authority has previously decided not to register the
sentence in this jurisdiction.
(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.
18 Preconditions for registration
(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
the Territory.
(2) Without limiting subsection (1), the local authority may impose the
following preconditions:
(a) that the offender must satisfy the local authority before a
specified date that the offender is living in the Territory;
(b) that the offender must report to a specified person in the
Territory on a specified date and at a specified place or
another date and place agreed between the local authority
and the offender.
Part 4 Registration of interstate sentences in the Territory
Community Based Sentences (Interstate Transfer) Act 2023 9
(3) If the local authority decides to impose any 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.
(4) The local authority may, by written notice given to the offender and
the interstate authority, amend or revoke a precondition.
19 Registration of interstate sentence
(1) If the local authority decides to register the interstate sentence in
the Territory without imposing preconditions for the registration of
the sentence, the local authority must register the sentence by
entering the details of the offender and the interstate sentence as
prescribed by regulation.
(2) If the local authority decides to impose preconditions for the
registration of the interstate sentence in the Territory, the local
authority must register the sentence by entering the details of the
offender and the interstate sentence as prescribed by regulation in
the local register only if the authority is satisfied the preconditions
are capable of being met.
20 Notice of registration
(1) If the local authority registers the interstate sentence in the
Territory, the local authority must give written notice of the
registration to the offender and the interstate authority.
(2) The notice must state the day the interstate sentence was
registered.
21 Effect of registration
(1) If the interstate sentence is registered in the Territory, the following
provisions apply:
(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 the Territory 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
the Territory;
(d) any part of the sentence served in an interstate jurisdiction
before its registration is taken to have been served in the
Territory;
Part 5 Registration of local sentences in interstate jurisdictions
Community Based Sentences (Interstate Transfer) Act 2023 10
(e) the offender may be dealt with in the Territory for a breach of
the sentence, whether the breach happened before, or
happens after, the registration of the sentence;
(f) the law of the Territory applies to the sentence, and any
breach of it, with the changes, if any, prescribed by regulation.
(2) This section does not affect any right, in the originating jurisdiction,
of appeal or review, however described, in relation to:
(a) the conviction or finding of guilt on which the interstate
sentence was based; or
(b) the imposition of the interstate sentence.
(3) Any sentence or decision imposed or made on an appeal or review
mentioned in subsection (2) has effect in the Territory as if it were
validly imposed or made on an appeal or review in the Territory
other than to the extent the sentence or decision:
(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.
(4) This section does not give any right to the offender to an appeal or
review, however described, in the Territory in relation to the
conviction, finding of guilt or imposition of the interstate sentence
mentioned in subsection (2).
Part 5 Registration of local sentences in interstate
jurisdictions
22 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.
23 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.
Part 5 Registration of local sentences in interstate jurisdictions
Community Based Sentences (Interstate Transfer) Act 2023 11
24 Effect of interstate registration
(1) If the local sentence is registered in the interstate jurisdiction, the
following provisions have effect:
(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 the Territory for any breach of the
conditions attached to the sentence that occurred before it
was registered in the interstate jurisdiction.
(2) If the Territory is the originating jurisdiction for the local sentence,
this section does not affect:
(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
(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.
(3) To avoid doubt, this section does not prevent the local sentence
from again being registered in the Territory after being registered in
the interstate jurisdiction.
Part 6 Miscellaneous matters
Community Based Sentences (Interstate Transfer) Act 2023 12
Part 6 Miscellaneous matters
25 Inaccurate information about local sentence registered
interstate
(1) This section applies if:
(a) a local sentence is registered in an interstate jurisdiction under
Part 5; and
(b) the local authority becomes aware that information about the
local sentence or the offender recorded in the interstate
register is not, or is no longer, accurate.
(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.
(3) Without limiting subsection (2), the local authority must tell the
interstate authority about:
(a) any part of the local sentence served in the Territory 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 the Territory affecting
the local sentence.
26 Dispute about accuracy of information about local sentence
registered interstate
(1) This section applies if:
(a) a local sentence is registered in an interstate jurisdiction under
Part 5; 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 interstate register is not,
or is no longer, accurate, and states in the claim how the
information is inaccurate.
(2) The interstate authority may send the local authority:
(a) a copy of the claim; and
(b) an extract from the interstate register containing the
information that the offender claims is inaccurate.
Part 6 Miscellaneous matters
Community Based Sentences (Interstate Transfer) Act 2023 13
(3) The local authority must check whether the information in the
extract is accurate having regard to the offender's claims.
(4) If the local authority is satisfied the information is accurate, the local
authority must tell the interstate authority.
(5) If the local authority is satisfied the information is inaccurate, the
local authority must give the interstate authority the correct
information.
27 Evidence of registration and registered particulars
(1) A certificate that appears to be signed by or on behalf of 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.
(2) A certificate that appears to be signed by or on behalf of the
interstate authority of an interstate jurisdiction that states a matter
that appears in or can be worked out from the interstate register, is
evidence of the matter.
(3) A certificate under subsection (1) or (2) may state a matter by
reference to a date or period.
(4) A certificate that appears to be signed by or on behalf of the local
authority or interstate authority for an interstate jurisdiction that
states any of the following details is evidence of the matter:
(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.
(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.
28 Regulations
The Administrator may make regulations under this Act.
Note for section 28
See section 65 of the Interpretation Act 1978.
ENDNOTES
Community Based Sentences (Interstate Transfer) Act 2023 14
ENDNOTES
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Community Based Sentences (Interstate Transfer) Act 2023 (Act No. 25, 2023)
Assent date 21 September 2023
Commenced 22 December 2023 (Gaz S91, 21 December 2023)
Justice and Other Legislation Amendment Act 2024 (Act No. 4, 2024)
Assent date 14 March 2024
Commenced pt 5, div 1: 30 October 2023 (s 2(2));
pt 3, div 2: 25 March 2024 (s 2(3), s 2 Sentencing and Other
Legislation Amendment Act 2022 (Act No. 28, 2022) and
Gaz S19, 22 March 2024); pt 4: 25 March 2024 (s 2(4), s 2
Criminal Justice Legislation Amendment (Sexual Offences)
Act 2023 (Act No. 20, 2023) and Gaz S20, 22 March 2024);
rem: 15 March 2024 (s 2(1))
3 LIST OF AMENDMENTS
s 6 amd No. 4, 2024, s 21