Crimes (Interstate Transfer of Community Based Sentences) Act 2004 (New South Wales) | Zoe

Deep Dive

5,031 words · generated 02/07/2026

What it does

This Act establishes a statutory mechanism for transferring community based sentences between participating Australian States and Territories by registration. Mechanically, an interstate authority (the entity in the other jurisdiction that performs the role defined in that jurisdiction’s corresponding law) may request that the local authority in New South Wales register an interstate community based sentence (s 15). The Commissioner of Corrective Services is the local authority for New South Wales (s 12) and must keep a local register of interstate sentences (s 14). Registration converts an interstate sentence into a community based sentence in force in this jurisdiction (s 24(1)(a)), and the registered sentence ceases to be in force in the originating interstate jurisdiction (s 24(1)(a)).

The Act sets out documentary and procedural prerequisites for registration: the request must be in writing, contain specified personal particulars, be accompanied by a certified copy of the interstate sentence, the offender’s written consent, pre-sentence and assessment reports where held, criminal record and compliance history, statements about time served, and a statement that the interstate authority has explained the legal consequences in language likely to be understood by the offender (s 16(1)-(2)(g)). The offender may withdraw consent at any time before registration (s 18).

Registration is discretionary. The registration criteria require that the offender has consented and not withdrawn consent, there is a corresponding community based sentence under local law, the offender can comply with the sentence in New South Wales, and the sentence can be safely, efficiently and effectively administered here (s 19(1)). The local authority may impose preconditions (s 21) and may refuse registration even if the criteria are met (s 20(3)(a)). If registered, the Act prescribes the legal effects of registration, including treating the relevant offence as an offence against NSW law and, in certain re-sentencing circumstances, applying the penalty as it was under the originating jurisdiction (s 24(1)(d)-(e), (2A)). The Act also preserves appeal and review rights in the originating jurisdiction (s 24(3)-(4)), and expressly excludes parole orders from its application (s 4(2)) and excludes fines and reparations from the conversion effect in particular respects (s 24(5A); s 27(2A)).

The Act provides reciprocal arrangements for permitting temporary interstate travel by offenders, the exchange of travel permits, and powers to arrest and convey offenders when travel permits are revoked or conditions breached (ss 27B-27F). It relies on complementary laws in other jurisdictions (corresponding laws, s 10) and on regulations to declare participating jurisdictions and further particulars (ss 8(3), 31).

Main concepts

The Act organises around a set of discrete statutory concepts. A “community based sentence” is defined primarily by reference to particular sentencing orders under the Crimes (Sentencing Procedure) Act 1999 and any regulatory declarations (s 7(1)(a)-(v)). It includes intensive correction orders, community correction orders, conditional release orders, certain suspended sentence arrangements, and any sentence declared by regulation to be a community based sentence. For interstate jurisdictions, “community based sentence” is whatever corresponds under the other jurisdiction’s corresponding law (s 7(1)(b)).

“Jurisdiction” means any Australian State or Territory; “this jurisdiction” is New South Wales (s 8(1)-(2)). A “participating jurisdiction” is either New South Wales or any State/Territory declared by regulation (s 8(3)). A “corresponding law” is a law of an interstate jurisdiction that corresponds, or is declared by regulation to correspond, to this Act (s 10). This creates a dependence on other jurisdictions’ legislative settings and on regulatory declarations to define the network of operation.

The Act distinguishes “local sentences” (community based sentences in force in New South Wales, s 9(1)) and “interstate sentences” (community based sentences in force in another participating jurisdiction, s 9(2)). Registration transforms the geographical locus and legal character of a sentence: a registered interstate sentence becomes a NSW sentence, and a registered local sentence becomes a sentence in the interstate jurisdiction (ss 24(1)(a), 27(1)(a)). The Act details what legal status attaches on conversion. For example, once registered the sentence is “taken to have been validly imposed” by the appropriate court of New South Wales and continues to apply despite any contrary law in NSW (s 24(1)(b)-(c)).

The “local authority” is the Commissioner of Corrective Services for NSW (s 12). The Commissioner may delegate functions to Department staff (s 13). The Commissioner must maintain a local register of registered interstate sentences and may correct mistakes in it (s 14). The Act requires specific documents to accompany a registration request (s 16) and allows the local authority to seek further information (s 17).

Registration requires the offender’s informed consent (s 16(2)(b), s 18). The Act mandates that the interstate authority must explain the consequences of registration to the offender in language likely to be readily understood, including that breaches may result in re-sentencing under NSW law and that penalties for breach may differ (s 16(2)(g)). Preconditions to registration to show capacity and willingness to comply may be imposed, such as residence in NSW or reporting obligations (s 21). Ministerial arrangements may be entered into to facilitate administration and travel (s 27B), and the Act grants consequential powers: issuance and notification of interstate travel permits (ss 27C-27D), power for local authority to issue arrest warrants where travel permits are revoked or conditions breached (s 27E), and recognition of interstate warrants for conveying offenders across jurisdictions (s 27F).

Who it affects

The Act affects several discrete groups by function and obligation. First, offenders serving community based sentences who wish to relocate or travel to another participating jurisdiction are central actors: registration requires the offender’s written consent (s 16(2)(b)) and the offender may withdraw consent at any time before registration (s 18). Offenders are exposed to different legal consequences on registration; the Act requires that they be told, in language likely to be readily understood, that if the sentence is registered in NSW they will be bound by NSW law in relation to the sentence, that a breach may result in re-sentencing in NSW, and that the consequences for a breach may differ, including penalties (s 16(2)(g)).

Second, the Commissioner of Corrective Services and Departmental staff are duty-holders. The Commissioner is designated the local authority with responsibilities to receive and consider registration requests (s 12, s 16(1)), keep the local register (s 14(1)), correct register errors (s 14(2)), impose preconditions (s 21), register sentences (s 22), provide notices of decisions (ss 20(6), 23(1)), and exercise powers under Ministerial arrangements (s 27B(3)). The Commissioner may delegate functions to Department staff (s 13), creating internal administrative pathways and resource implications.

Third, interstate authorities and corresponding Ministers in other jurisdictions are affected. An interstate authority must assemble and certify documents required by s 16(2), explain registration consequences to the offender (s 16(2)(g)), and may request registration in NSW (s 15). The Act explicitly contemplates ministerial-level arrangements between the NSW Minister and corresponding interstate Ministers to facilitate administration and travel (s 27B).

Fourth, local law enforcement and correctional officers have operational roles: the Act authorises local law enforcement officers to arrest and convey offenders pursuant to warrants issued under s 27E, and recognises interstate warrants that authorise interstate law enforcement officers to convey offenders across NSW (s 27F). Local law enforcement may also be engaged to deliver offenders into the custody of interstate law enforcement officers (s 27E(3)(c)).

Fifth, courts are affected in evidentiary and sentencing contexts. A registered interstate sentence is taken to have been validly imposed by the appropriate court in NSW (s 24(1)(b)), and courts must accept certificates from the local or interstate authority as evidence of register matters unless there is contrary evidence (s 30(1), (5)). If an offender is re-sentenced in NSW after a breach, s 24(1)(e) and (2A) treat the relevant penalty for that re-sentencing as the originating jurisdiction’s penalty for sentencing purposes.

Key duties and rights

The Act allocates discrete duties and rights to authorities, offenders and interstate entities. Principal duties include: the local authority must consider a written request for registration that meets specified content and documentary requirements (s 16(1)-(2)); must keep a local register of interstate sentences and may correct mistakes (s 14(1)-(2)); may ask for further information (s 17); must give notice of non-registration decisions to the offender and interstate authority (s 20(6)); and must give written notice of registration and the registration date to the offender and interstate authority (s 23(1)-(2)). The Commissioner may delegate functions to Department staff (s 13), enabling internal administrative decision-making.

Offenders have rights and obligations under the scheme: they must provide written consent for transfer (s 16(2)(b)), may withdraw that consent any time before registration (s 18), and are to be told by the interstate authority, in readily understandable language, of the legal consequences of registration (s 16(2)(g)). Once registered, the offender is bound by the law of this jurisdiction with respect to the sentence (s 24(1)(c), (1)(h)). The Act also permits the imposition of preconditions intended to demonstrate the offender’s capacity and willingness to comply with the sentence under NSW conditions (s 21(1)-(2)).

Interstate authorities have reciprocal duties: when requesting registration they must provide prescribed evidence and statements (s 16(2)). They may also request additional information from the local authority and receive notice of registration decisions (s 17, s 23). The Governor, through regulations, may declare participating jurisdictions and corresponding laws, and prescribe further detail (ss 8(3), 10(b), 31), creating administrative duties at the executive level to manage the participating network.

In enforcement contexts, the local authority may issue warrants for arrest of interstate offenders who are present in NSW if the relevant interstate authority advises that a travel permit is no longer in force, or if the local authority judges the offender failed to comply with permit conditions (s 27E(2)). A warrant authorises local law enforcement to arrest, convey and deliver the offender into custody of an interstate law enforcement officer, and to convey the offender across interstate boundaries if necessary (s 27E(3)-(4)). Conversely, interstate warrants issued under an interstate corresponding law have effect in NSW according to their tenor (s 27F).

Courts carry duties in relation to evidence: judicial bodies must accept certificates from the local or interstate authority as evidence of register matters if no evidence to the contrary is adduced (s 30(1), (5)). The Act also preserves rights of appeal or review in originating jurisdictions concerning conviction or sentencing (s 24(3)). However s 24(5) clarifies the Act does not confer a right to an appeal in NSW in respect of those matters.

Penalties and enforcement

The Act is primarily administrative about registration and conversion of community based sentences; it delegates enforcement of sentence breaches to the receiving jurisdiction once registration occurs and supplies arrest and conveyance powers for certain travel-permit contexts. On registration, s 24(1)(g) expressly provides that the offender may be dealt with in NSW for a breach of the sentence that occurred before or after registration. That places the enforcement burden,investigation, breach proceedings and re-sentencing,on NSW authorities once a sentence is registered here.

Section 24(1)(e) and s 24(2A) impact sentencing outcomes for breaches: where an offender is re-sentenced in NSW, the “relevant penalty” to be used is the penalty under the originating jurisdiction for the offence, not the penalty under NSW law, for the limited purpose of determining penalty on re-sentencing in NSW (s 24(1)(e); s 24(2A)). The Act disapplies this conversion where NSW is the originating jurisdiction (s 24(2)). However the Act excludes fines and other financial penalties and reparation requirements from the conversion effect in section 24(5A) , those elements remain treated differently and, per s 27(2A), if a local sentence registered interstate imposes financial penalties or reparation, those elements remain enforceable in the originating jurisdiction.

For travel-permit related enforcement, the Act allows the local authority to issue an arrest warrant where it is advised an interstate travel permit is no longer in force in NSW, or where the local authority forms the opinion the offender has failed to comply with permit conditions (s 27E(2)). A warrant under s 27E is authority for a local law enforcement officer to arrest, convey and deliver the offender to a specified place, whether within NSW or across state lines, and deliver them into custody of an interstate law enforcement officer (s 27E(3)-(4)). The Act recognises interstate warrants issued under corresponding laws as effective in NSW according to their tenor (s 27F), enabling interstate law enforcement officers to exercise powers in NSW for conveyance.

Evidence rules support enforcement actions. Certificates signed by or on behalf of the local or interstate authority stating matters that appear in or can be worked out from the register are evidence of those matters; courts must accept such certificates if there is no contrary evidence (s 30(1), (5)). Certificates can state dates, periods and particulars about sentence performance (s 30(2)-(4)). This lowers transactional friction for proving the status and details of a sentence and supporting breach proceedings.

How it interacts with other laws

The Act expressly integrates with several named statutes and with corresponding laws of other jurisdictions. Definitions of key sentence types are anchored to the Crimes (Sentencing Procedure) Act 1999: intensive correction orders, community correction orders, conditional release orders, and certain suspended sentence arrangements are included as community based sentences by reference (s 7(1)(a)(i)-(iv)). The Act excludes parole orders by reference to specific provisions of the Crimes (Administration of Sentences) Act 1999 (s 4(2) and the definition of parole order in s 5), thereby preserving the separate statutory regime that governs parole decisions and interstate parole arrangements.

The Act depends on “corresponding law” in other jurisdictions to define whether another jurisdiction’s law corresponds or substantially corresponds to this Act (s 10). Regulations may declare a law to be a corresponding law even if it does not correspond substantively (s 10(b)). The Governor may make regulations to declare participating jurisdictions, corresponding laws, and other operational matters (ss 8(3), 10(b), 31), creating interaction between executive regulatory power and inter-jurisdictional operation.

Ministerial arrangements under s 27B are expressly intended to operate with “the corresponding law of that jurisdiction” and to facilitate administration of interstate and local sentences. Section 27G clarifies that nothing in this Act is intended to limit or otherwise affect the operation of the Commonwealth Service and Execution of Process Act 1992, signalling federal interoperation for service and execution matters (s 27G). Thus the inter-jurisdictional power to convey offenders and execute warrants interacts with Commonwealth mechanisms for cross-border process.

Evidence provisions refer to the register kept under this Act or a corresponding law and treat certificates signed by local or interstate authorities as evidence (s 30). Courts are required to accept such certificates absent contrary evidence (s 30(5)). The Act explicitly defines the “appropriate court” in NSW depending on whether the interstate sentence was imposed by a court of summary jurisdiction or otherwise (s 24(6)), coupling the registration effect to NSW courts.

Regarding enforcement of fines and reparation, the Act limits the conversion effect of registration. Section 24(5A) says s 24 does not apply to an interstate sentence to the extent it imposes a fine or other financial penalty or requires reparation. Section 27(2A) similarly preserves enforcement of fines and reparation when a local sentence is registered interstate. These provisions create a partitioning between non-financial components of community based sentences, which move jurisdictions on registration, and monetary components, which may remain enforceable under originating laws.

Amendment history

The text supplied includes amendment annotations embedded in the provisions, and several sections have recorded amendments and insertions. The Act commenced by proclamation (s 2). The schedules and sections contain amendment notes indicating stages of legislative change; the Act has been amended several times at least up to 2018 according to the embedded amendment pointers.

Notable recorded amendments and insertions in the supplied text include:

Section 7’s current form was substituted by the Crimes (Sentencing Procedure) Amendment (Sentencing Options) Act 2017 (noted as “Subst 2017 No 53, Sch 4.12”), which indicates the list and structure of what counts as a community based sentence was updated in 2017 (s 7).
Section 4 was amended in 2012 (s 4: Am 2012 No 79, Sch 1 [1]) to clarify that the Act applies only to sentences imposed on adults and excludes parole orders (s 4(1)-(2)). The annotation shows a legislative change in 2012 to limit application.
Section 5 was amended in 2017 (s 5: Am 2017 No 57, Sch 3.1), indicating definitional adjustments.
Sections 14, 19, 24 and other provisions show amendment annotations: for example, s 19 was amended in 2012 (s 19: Am 2012 No 79, Sch 1 [3]) affecting the registration criteria, and s 24 shows amendments in 2007 and 2012 (s 24: Am 2007 No 94, Sch 2; 2012 No 79, Sch 1 [4] [5]), including the addition of s 24(5A) excluding fines and reparation.
Part 5A (ss 27B-27G), dealing with reciprocal arrangements and travel permits, was inserted in 2012 (pt 5A: Ins 2012 No 79, Sch 1 [8]) with a later amendment in 2018 to definitions in s 27A (s 27A: Ins 2012 No 79, Sch 1 [8]. Am 2018 No 87, Sch 1.12).
Schedule 1 has a 2012 amendment annotation (sch 1: Am 2012 No 79, Sch 1 [9]).

The Act includes a review provision requiring the Minister to review the Act no later than five years after assent and table a report within 12 months after that five year period (s 33(1)-(3)). This creates a statutory timetable for formal re-evaluation of the Act’s policy objectives and text.

The Schedule permits regulations to include savings and transitional provisions consequential on enactment and amendments (Schedule 1, Part 1, s 1), including retrospective but protective commencement provisions that cannot prejudice private rights (Schedule 1(1)-(3)). These provisions provide an express mechanism for smoothing legislative transitions.

The annotations in the supplied text are the only source for amendment history; they establish that the legislative framework has been adapted, notably in 2012 and 2017, and that the reciprocal administration and travel-permit regime was a significant insert in 2012 (pt 5A).

Litigation history

The Act text provided contains no case citations and no court decisions. It establishes evidentiary and procedural frameworks (for example, s 30 certificates admissible as evidence), but the supplied material does not name judicial determinations applying, interpreting, or testing the Act. The only judicial references are internal: s 24(6) defines “appropriate court” for NSW courts to reflect whether the interstate sentence was imposed by a court of summary jurisdiction or otherwise.

Because the supplied Act text does not include any judicial authorities, there is no litigation history to record from this source. If users require reported decisions construing particular clauses,such as the scope of s 19 registration criteria, the effect of s 24 conversions, or the limits of s 27E warrant powers,that research must be done against case law databases. The Act does, however, build in certain litigative touchpoints where disputes are likely to arise: accuracy of register entries (ss 28-29), the acceptance of certificates as evidence (s 30), and the continuing effect of appeal and review rights in originating jurisdictions (s 24(3)-(5)). These are the provisions most likely to generate litigation, but no specific cases are referenced in the Act text provided.

Gotchas

Practical and legal pitfalls in the Act flow from its reliance on consent, inter-jurisdictional matching of sentence types, regulatory declarations, and discretionary administrative power. Key operational “gotchas” grounded in the Act text include:

Consent timing and withdrawal: Registration requires written consent (s 16(2)(b)), but the offender can withdraw consent at any time before registration (s 18). There is no statutory period for the local authority to decide; a delay in processing could allow an offender to withdraw, defeating a transfer. Administrations must therefore manage expectations and timelines with the interstate authority.
Discretion despite criteria: Even when the registration criteria are met, the local authority may still refuse registration (s 20(3)(a)). The Act does not require reasons to be given beyond the requirement to notify of refusal (s 20(6)), so applicants should expect administrative discretion that is not fully reviewable by the Act itself.
Correspondence test and regulatory declarations: The “corresponding community based sentence” test requires that a local sentence corresponds, or substantially corresponds, to the interstate sentence in nature of penalty and conditions (s 19(3)(a)-(b)). However, regulations may declare a sentence to correspond regardless of whether it does (s 19(2)(b); s 10(b)). Thus regulatory instruments can override the substantive correspondence test, which may create inconsistencies or unexpected outcomes if the regulations are updated or vary across jurisdictions.
Financial elements are carved out: The conversion effect does not apply to fines, other financial penalties, or reparation (s 24(5A); s 27(2A)). Parties must therefore handle monetary obligations separately; registration moves non-financial sentence components but may leave fines and reparation enforceable in the originating jurisdiction.
Penalty landscape on breach: The Act requires the interstate authority to explain that consequences for breach may be different in NSW and that penalties for breach may be different (s 16(2)(g)). Section 24(1)(e) and (2A) further complicate sentencing on re-sentencing by directing courts to take the originating jurisdiction’s penalty into account in resentence determinations. Practitioners must be careful to identify whether the conversion of penalties applies to a given re-sentencing and to document the originating jurisdiction’s penalty.
No express timelines or fast-track remedies: The Act sets procedural steps but does not mandate prompt decision-making timelines for the local authority when considering requests or responding to additional information requests (ss 16-17, 20). That creates operational uncertainty for offenders and interstate authorities about how long a transfer will take.

How to comply

For authorities and practitioners arranging transfers or handling registration requests, compliance requires attention to documentary prerequisites, communication duties, procedural steps and record-keeping obligations set out in the Act.

Assemble mandatory documents for the request: Before sending a request to register an interstate sentence in NSW, the interstate authority must provide a written request that includes the offender’s name, date of birth, last known address, and any other particulars required by the local authority (s 16(1)(a)-(b)). The request must be accompanied by a certified copy of the interstate sentence, the offender’s written consent, any relevant pre-sentence report, psychological or other assessments, details of criminal record and compliance history, a statement about time already served, and a statement that the interstate authority explained the consequences to the offender in language likely to be readily understood (s 16(2)(a)-(g)). The interstate authority should also include the offender’s reasons for requesting transfer (s 16(2)(h)).
Ensure informed consent: The statutory requirement to explain consequences (s 16(2)(g)) is specific. The interstate authority must document that the offender received explanation in language likely to be readily understood and must secure written consent. Practical compliance means keeping a contemporaneous record, translated materials where necessary, and a clear signed consent form. The offender may withdraw consent any time before registration by written notice to the local authority (s 18), so time-sensitive coordination is required.
Meet registration criteria and prepare for preconditions: The local authority will assess the request against the registration criteria (s 19(1)): consent, availability of a corresponding NSW sentence, capacity of the offender to comply in NSW, and the ability to safely and effectively administer the sentence here. Authorities should perform risk assessments, verify accommodation/residence status, availability of local supervision resources, and whether local sentencing options correspond in penalty and conditions (s 19(3)). Be ready to meet or negotiate preconditions (s 21) such as proof of residence or reporting commitments; if preconditions are imposed, registration occurs only after the local authority is satisfied they have been met (s 22(2)).
Keep and correct register entries: The Commissioner must record registrations in the local register (s 14(1)) and may correct mistakes (s 14(2)). To comply with the evidentiary regime (s 30), entries must be accurate since certificates derived from the register are prima facie evidence in court. Implement a reliable data-entry, audit and correction workflow, including notification procedures to interstate authorities under ss 28-29 where information in interstate registers is inaccurate.

Part 1

Preliminary

Part 1 Preliminary

Name of Act

1 Name of Act

This Act is the Crimes (Interstate Transfer of Community Based Sentences) Act 2004.

Commencement

2 Commencement

This Act commences on a day or days to be appointed by proclamation.

Purpose of Act

3 Purpose of Act

The purpose of this Act is to allow community based sentences imposed in participating jurisdictions to be transferred, by registration, between participating jurisdictions.

Application of Act

4 Application of Act

(1) This Act applies only to sentences imposed by courts on adults convicted or found guilty of offences.

(2) This Act does not apply to a parole order.

s 4: Am 2012 No 79, Sch 1 [1].

Definitions

5 Definitions

In this Act:

community based sentence—see section 7.

corresponding law—see section 10.

Department means the Department of Corrective Services.

interstate authority—see section 11.

interstate jurisdiction—see section 8 (4).

interstate sentence—see section 9 (2).

jurisdiction—see section 8 (1).

local authority—see section 12.

local register—see section 14.

local sentence—see section 9 (1).

offender, in relation to a community based sentence, means the person on whom the sentence was imposed.

originating jurisdiction, for a community based sentence, means the jurisdiction where the sentence was originally imposed.

parole order means an order in force under section 138, 141, 149, 150, 154A, 158 or 160 of the Crimes (Administration of Sentences) Act 1999.

participating jurisdiction—see section 8 (3).

registration criteria, for Part 4 (Registration of interstate sentences in this jurisdiction)—see section 19.

sentence means an order, decision or other sentence (however described), and includes part of a sentence.

serve a sentence includes:

(a) comply with or satisfy the sentence, or

(b) do anything else in accordance with the sentence.

this jurisdiction—see section 8 (2).

Note—

Expressions used in this Act (or in a particular provision of this Act) that are defined in the Interpretation Act 1987 have the meanings set out in that Act.

s 5: Am 2017 No 57, Sch 3.1.

Notes

6 Notes

Notes included in this Act do not form part of this Act.

Part 2

Key concepts for Act

Part 2 Key concepts for Act

What is a “community based sentence”?

7 What is a “community based sentence”?

(1) A community based sentence is:

(a) for this jurisdiction—any of the following:

(i) an intensive correction order under section 7 of the Crimes (Sentencing Procedure) Act 1999 (including a home detention order that is taken to be an intensive correction order subject to a home detention condition under Part 29 of Schedule 2 to that Act),

(ii) a community correction order under section 8 of the Crimes (Sentencing Procedure) Act 1999 (including a community service order or good behaviour bond that is taken to be a community correction order under Part 29 of Schedule 2 to that Act),

(iii) a conditional release order under section 9 of the Crimes (Sentencing Procedure) Act 1999 (including a good behaviour bond that is taken to be a conditional release order under Part 29 of Schedule 2 to that Act),

(iv) an order under section 12 (1) of the Crimes (Sentencing Procedure) Act 1999 suspending a sentence, a good behaviour bond entered into in accordance with the order and the sentence of imprisonment imposed in relation to the order, where the order was made before the repeal of that section by the Crimes (Sentencing Procedure) Amendment (Sentencing Options) Act 2017,

(v) a sentence declared by the regulations to be a community based sentence, and

(b) for an interstate jurisdiction—a sentence that is a community based sentence under the corresponding law of the jurisdiction.

(2) For the purposes of subsection (1) (a), the following are taken to be a single community based sentence:

(a) an order referred to in subsection (1) (a) (i) and the sentence of imprisonment in relation to which the order is made,

(b) an order referred to in subsection (1) (a) (iv) and the good behaviour bond and the sentence of imprisonment imposed in relation to the order,

(c) any combination of 2 or more community based sentences referred to in subsection (1) (a) that is declared by the regulations to be a single community based sentence.

s 7: Am 2010 No 48, Sch 5.6 [1] [2]; 2012 No 79, Sch 1 [2]. Subst 2017 No 53, Sch 4.12.

Jurisdictions and participating jurisdictions

8 Jurisdictions and participating jurisdictions

(1) A jurisdiction means a State or Territory of the Commonwealth.

(2) This jurisdiction means New South Wales.

(3) A participating jurisdiction is this jurisdiction or a State or Territory of the Commonwealth declared by the regulations to be a participating jurisdiction.

(4) An interstate jurisdiction is a participating jurisdiction other than this jurisdiction.

Local and interstate sentences

9 Local and interstate sentences

(1) A local sentence is a community based sentence in force in this jurisdiction.

Note—

For the effect of interstate registration of a local sentence, see section 27.

(2) An interstate sentence is a community based sentence in force in an interstate jurisdiction.

Note—

For the effect of registration in this jurisdiction of an interstate sentence, see section 24.

What is a corresponding law?

10 What is a corresponding law?

A corresponding law is:

(a) a law of an interstate jurisdiction corresponding, or substantially corresponding, to this Act, or

(b) a law of an interstate jurisdiction that is declared by the regulations to be a corresponding law, whether or not the law corresponds, or substantially corresponds, to this Act.

Interstate authorities

11 Interstate authorities

The interstate authority for an interstate jurisdiction is the entity that is the local authority for the jurisdiction under the corresponding law of the jurisdiction.

Note—

The local authority for New South Wales is the Commissioner of Corrective Services, see section 12.

Part 3

Administration

Part 3 Administration

Commissioner of Corrective Services is local authority

12 Commissioner of Corrective Services is local authority

The local authority for this jurisdiction is the Commissioner of Corrective Services.

Delegation by local authority

13 Delegation by local authority

The local authority may delegate the exercise of any of the authority’s functions under this Act to another member of staff of the Department (other than this power of delegation).

Local register

14 Local register

(1) The local authority must keep a register (the local register) of interstate sentences registered under this Act.

(2) The local authority may correct a mistake or omission in the local register.

Part 4

Registration of interstate sentences in this jurisdiction

Part 4 Registration of interstate sentences in this jurisdiction

Request for transfer of interstate sentence

15 Request for transfer of interstate sentence

The local authority may register an interstate sentence in this jurisdiction at the request of the interstate authority for the interstate jurisdiction in which the sentence is in force.

Form of request for registration

16 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 documents to accompany the request are as follows:

(a) a copy of the interstate sentence certified by the interstate authority,

(b) a copy of the offender’s consent for the registration of the sentence in this jurisdiction,

(c) a copy of any relevant pre-sentence report about the offender held by the interstate jurisdiction in relation to any offence committed by the offender for which the offender is subject to a sentence,

(d) a copy of any relevant psychological or other assessment of the offender held by the interstate authority,

(e) details held by the interstate jurisdiction 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 relevant non-custodial sentence,

(f) a statement by the interstate authority explaining what part of the sentence has been served in the interstate jurisdiction or any other interstate jurisdiction before the making of the request,

(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 sentence is registered in this jurisdiction:

(i) the offender will be bound by the requirements of the law of this jurisdiction in relation to the sentence, and

(ii) a breach of the sentence may result in the offender being resentenced in this jurisdiction for the offence, and

(iii) the other consequences for a breach of the sentence in this jurisdiction 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 that sets out the reasons given by the offender for requesting to register the interstate sentence in this jurisdiction,

(i) any other document required by the local authority.

(3) For the purposes of subsection (2) (c), the offender is subject to a sentence if the sentence has not been fully served and has not been discharged.

(4) In considering the request, the local authority may take into account any other information or other documents given to the local authority by the interstate authority.

Request for additional information

17 Request for additional information

The local authority may ask the interstate authority for additional information about the interstate sentence or the offender.

Withdrawal of offender’s consent

18 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 to the local authority.

Registration criteria

19 Registration criteria

(1) The registration criteria are that:

(a) the offender has consented to the sentence being registered in this jurisdiction and has not withdrawn the consent, and

(b) there is a corresponding community based sentence under the law of this jurisdiction, and

(c) the offender can comply with the sentence in this jurisdiction, and

(d) the sentence can be safely, efficiently and effectively administered in this jurisdiction.

(2) In this section, there is a corresponding community based sentence under the law of this jurisdiction for the interstate sentence if:

(a) a community based sentence under the law of this jurisdiction corresponds, or substantially corresponds, to the interstate sentence, or

(b) a community based sentence under the law of this jurisdiction is declared by the regulations to correspond to the interstate sentence, whether or not the sentence corresponds, or substantially corresponds, to the interstate sentence.

(3) For the purposes of subsection (2) (a), a community based sentence under a law of this jurisdiction corresponds, or substantially corresponds, to an interstate sentence if and only if the law of this jurisdiction provides that:

(a) a penalty of substantially the same nature as the penalty imposed by the interstate sentence can be imposed by the community based sentence, and

(b) 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.

s 19: Am 2012 No 79, Sch 1 [3].

Decision on request

20 Decision on request

(1) The local authority may decide:

(a) to register the interstate sentence, or

(b) to register the sentence if the offender meets preconditions imposed under section 21 (Preconditions for registration), or

(c) not to register the sentence.

(2) In deciding whether to register the interstate sentence, the local authority must have regard to the registration criteria, but may have regard to any matter prescribed by the regulations and any other relevant matter.

(3) The local authority:

(a) may decide not to register the interstate sentence even if satisfied the registration criteria are met, but

(b) must not decide to register the interstate sentence (with or without preconditions) 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, 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 remove any 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 this jurisdiction or this jurisdiction is the originating jurisdiction for the sentence, or

(c) the authority has previously decided not to register the sentence in this jurisdiction.

Note—

For the effect of registration in this jurisdiction of an interstate sentence, see section 24.

(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.

Preconditions for registration

21 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 this jurisdiction.

(2) Without limiting subsection (1), the local authority may impose preconditions of the following kind:

(a) that the offender must satisfy the local authority before a stated time that the offender is living in this jurisdiction,

(b) that the offender must report to a stated person in this jurisdiction at a stated time and place (or another time and place agreed between the local authority and the offender).

(3) If the local authority decides to impose preconditions, 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 to the offender and the interstate authority, amend or revoke any precondition.

How interstate sentence registered

22 How interstate sentence registered

(1) If the local authority decides to register the interstate sentence in this jurisdiction 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.

(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 that the preconditions have been met.

(3) In this section:

required details means the details of the offender and the interstate sentence prescribed by the regulations.

Notice of registration

23 Notice of registration

(1) If the local authority registers the interstate sentence in this jurisdiction, the local authority must give written notice of the registration to the offender and the interstate authority.

(2) The notice must state the date the sentence was registered.

Effect of local registration of interstate sentences

24 Effect of local registration of interstate sentences

(1) If the interstate sentence is registered in this jurisdiction, the following provisions apply:

(a) the sentence becomes a community based sentence in force in this jurisdiction, and ceases to be a community based sentence in force in the interstate jurisdiction,

(b) the sentence is taken to have been validly imposed by the appropriate court of this jurisdiction,

(c) the sentence continues to apply to the offender in accordance with its terms despite anything to the contrary under the law of this jurisdiction,

(d) the offence (the relevant offence) for which the sentence was imposed on the offender is taken to be an offence against the law of this jurisdiction, and not an offence against the law of the originating jurisdiction,

(e) the penalty for the relevant offence is taken to be the relevant 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 this jurisdiction,

(f) any part of the sentence served in an interstate jurisdiction before its registration is taken to have been served in this jurisdiction,

(g) the offender may be dealt with in this jurisdiction for a breach of the sentence, whether the breach happened before, or happens after, the registration of the sentence,

(h) the law of this jurisdiction applies to the sentence and any breach of it with the changes (if any) prescribed by the regulations.

(2) Subsection (1) (d) and (e) do not apply if this jurisdiction is the originating jurisdiction.

(2A) 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 this jurisdiction, re-sentenced in relation to that offence.

(3) 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.

(4) Any sentence or decision imposed or made on an appeal or review mentioned in subsection (3) has effect in this jurisdiction as if it were validly imposed or made on an appeal or review in this jurisdiction.

(5) This section does not give any right to the offender to an appeal or review (however described) in this jurisdiction in relation to the conviction, finding of guilt or imposition of sentence mentioned in subsection (3).

(5A) This section does not apply to an interstate sentence to the extent to which:

(a) it imposes a fine or other financial penalty (however described), or

(b) it requires the making of reparation (however described).

(6) In this section:

appropriate court, of this jurisdiction, means:

(a) if the interstate sentence was imposed by a court of summary jurisdiction or by a court on appeal from a court of summary jurisdiction—the Local Court, and

(b) in any other case—the Supreme Court.

s 24: Am 2007 No 94, Sch 2; 2012 No 79, Sch 1 [4] [5].

Part 5

Registration of local sentences in interstate jurisdictions

Part 5 Registration of local sentences in interstate jurisdictions

Request for transfer of local sentence

25 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.

Response to request for additional information

26 Response to request for 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.

Effect of interstate registration of local sentences

27 Effect of interstate registration of local sentences

(1) If the local sentence is registered in the interstate jurisdiction, the following provisions have effect:

(a) the sentence becomes a community based sentence in force in the interstate jurisdiction, and ceases to be a community based sentence in force in this jurisdiction,

(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 sentence ceases to be registered,

(d) proceedings against the offender may not be commenced or continued under the law of this jurisdiction in relation to any breach of the conditions attached to the sentence that occurred before it was registered in the interstate jurisdiction.

(2) If this jurisdiction is the originating jurisdiction for the local sentence, this section does not affect any right of appeal or review (however described) in relation to:

(a) the conviction or finding of guilt on which the sentence was based, or

(b) the imposition of the sentence.

(2A) If this jurisdiction is the originating jurisdiction for the local sentence, this section does not affect the sentence to the extent to which:

(a) it imposes a fine or other financial penalty (however described), or

(b) it requires the making of reparation (however described),

and, to that extent, the sentence remains a sentence in force in this jurisdiction and may be enforced accordingly.

(3) To remove any doubt, this section does not prevent the local sentence from later being registered in this jurisdiction.

s 27: Am 2012 No 79, Sch 1 [6] [7].

Part 5A

Reciprocal arrangements for administration of local and interstate sentences

Part 5A Reciprocal arrangements for administration of local and interstate sentences

pt 5A: Ins 2012 No 79, Sch 1 [8].

27A

Definitions

27A Definitions

In this Part:

corresponding Minister, in relation to an interstate jurisdiction, means the person who has powers under the corresponding law of that jurisdiction that correspond to the powers of the Minister under this Part.

interstate law enforcement officer, in relation to an interstate jurisdiction, means a local law enforcement officer within the meaning of the corresponding law of that jurisdiction.

interstate offender means an offender who is subject to an interstate sentence.

local law enforcement officer means a correctional officer or community corrections officer (within the meaning of the Crimes (Administration of Sentences) Act 1999) or a police officer.

local offender means an offender who is subject to a local sentence.

Ministerial arrangements means arrangements referred to in section 27B.

s 27A: Ins 2012 No 79, Sch 1 [8]. Am 2018 No 87, Sch 1.12.

27B

Ministerial arrangements for the administration of local and interstate sentences

27B Ministerial arrangements for the administration of local and interstate sentences

(1) The Minister may enter into arrangements with the corresponding Minister of an interstate jurisdiction so as to facilitate:

(a) the administration, within this jurisdiction, of interstate sentences imposed under a law of the interstate jurisdiction, and

(b) the administration, within the interstate jurisdiction, of local sentences,

either in relation to particular local or interstate offenders or particular classes of local or interstate offenders.

(2) In particular, such arrangements may be entered into so as to facilitate:

(a) travel to the interstate jurisdiction by local offenders, and

(b) travel to this jurisdiction by interstate offenders.

(3) The local authority has, and may exercise, such powers, authorities, duties and functions as are necessary, under the relevant Ministerial arrangements, for the administration of interstate sentences in relation to interstate offenders who are present in this jurisdiction.

(4) For the purposes of the law of this jurisdiction with respect to local sentences, anything that is done:

(a) by the appropriate interstate authority of an interstate jurisdiction, and

(b) in accordance with the relevant Ministerial arrangements, and

(c) in the administration of a local sentence in relation to a local offender who is present in the interstate jurisdiction,

is taken to have been done pursuant to the law of this jurisdiction.

ss 27B–27G: Ins 2012 No 79, Sch 1 [8].

27C

Issue of interstate travel permit to local offender

27C Issue of interstate travel permit to local offender

(1) This section applies to a local offender whose sentence is subject to a condition (whether imposed by the sentence or otherwise) that prohibits the offender from leaving this jurisdiction without permission.

(2) Permission to leave this jurisdiction is to be granted, varied and revoked, and conditions of permission are to be imposed and varied, in accordance with the relevant Ministerial arrangements.

(3) As soon as practicable after any such permission is granted, the local authority:

(a) must incorporate the terms and conditions of the permission in an interstate travel permit, and

(b) must provide a copy of the permit to the offender, and

(c) must provide:

(i) a copy of the permit, and

(ii) such other documents or information about the offender as are required or authorised to be sent under the relevant Ministerial arrangements,

to the interstate authority of each interstate jurisdiction to which the permit authorises travel.

(4) As soon as practicable after the terms or conditions of any such permission are varied, the local authority:

(a) must incorporate the terms and conditions of the permission, as varied, in an amended interstate travel permit, and

(b) must provide a copy of the amended permit to the offender, and

(c) must provide:

(i) a copy of the amended permit, and

(ii) such other documents or information as are relevant to the variation,

to the interstate authority of each interstate jurisdiction to which the permit authorises travel.

(5) As soon as practicable after any such permission is revoked, the local authority must provide written notice of that fact to the offender and to the interstate authority of each interstate jurisdiction to which the permit authorised travel.

(6) An interstate travel permit ceases to have effect in an interstate jurisdiction to which it authorises travel:

(a) if written notice referred to in subsection (5) is provided to the interstate authority of that jurisdiction (regardless of whether or not the offender has received such notice), or

(b) if the offender is arrested pursuant to a warrant issued under the corresponding law of that jurisdiction.

ss 27B–27G: Ins 2012 No 79, Sch 1 [8].

27D

Effect of interstate travel permit issued to local offender

27D Effect of interstate travel permit issued to local offender

(1) This section applies in respect of any period during which:

(a) an interstate travel permit is in force in respect of a local offender, and

(b) the local offender is present in an interstate jurisdiction to which the permit authorises travel.

(2) For the purposes of the law of this jurisdiction with respect to local sentences:

(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 non-compliance by the offender with the conditions of the interstate travel permit is taken to be compliance or non-compliance, as the case may be, with the conditions of the relevant local sentence.

ss 27B–27G: Ins 2012 No 79, Sch 1 [8].

27E

Powers exercisable in relation to interstate offenders

27E Powers exercisable in relation to interstate offenders

(1) This section applies to an interstate offender:

(a) who holds an interstate travel permit that authorises the offender to travel to this jurisdiction, and

(b) who is present in this jurisdiction.

(2) The local authority may issue a warrant for the offender’s arrest:

(a) if advised by the relevant interstate authority that the interstate travel permit is no longer in force in this jurisdiction, or

(b) if of the opinion that the offender has failed to comply with the conditions of the interstate travel permit.

(3) A warrant under subsection (2) is sufficient authority for a local law enforcement officer:

(a) to arrest the offender, and

(b) to convey the offender to a place specified in the warrant (whether in this jurisdiction or an interstate jurisdiction), and

(c) to deliver the offender into the custody of an interstate law enforcement officer of the jurisdiction in which the interstate travel permit was issued.

(4) For the avoidance of doubt, such a warrant authorises a local law enforcement officer to convey the offender within or across any interstate jurisdiction for the purpose of taking the offender to a place specified in the warrant.

ss 27B–27G: Ins 2012 No 79, Sch 1 [8].

27F

Powers of interstate law enforcement officers

27F 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 this jurisdiction for the purpose of taking the offender to a place specified in the warrant has effect, in this jurisdiction, according to its tenor.

ss 27B–27G: Ins 2012 No 79, Sch 1 [8].

27G

Operation of Service and Execution of Process Act 1992 (Cth)

27G Operation of Service and Execution of Process Act 1992 (Cth)

Nothing in this Act is intended to limit or otherwise affect the operation of the Service and Execution of Process Act 1992 of the Commonwealth.

ss 27B–27G: Ins 2012 No 79, Sch 1 [8].

Part 6

Miscellaneous

Part 6 Miscellaneous

Inaccurate information about local sentence registered interstate

28 Inaccurate information about local sentence registered interstate

(1) This section applies if:

(a) a community based sentence that was a local sentence is registered in an interstate jurisdiction, and

(b) the local authority becomes aware that information about the 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.

(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 sentence served in this jurisdiction 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 this jurisdiction affecting the sentence.

Dispute about accuracy of information in interstate register

29 Dispute about accuracy of information in interstate register

(1) This section applies if:

(a) a community based sentence that was a local sentence is registered in an interstate jurisdiction, and

(b) the offender claims, in writing, to the interstate authority for the interstate jurisdiction that the information recorded about the 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.

(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.

(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 that the information is accurate, the local authority must tell the interstate authority.

(5) If the local authority is satisfied that the information is inaccurate, the local authority must give the interstate authority the correct information.

Evidence of registration and registered particulars

30 Evidence of registration and registered particulars

(1) A certificate that appears to be signed by or on behalf of the local authority or the interstate authority for an interstate jurisdiction, and states a matter that appears in or can be worked out from the register kept under this Act or a corresponding law, is evidence of the matter.

(2) A certificate under subsection (1) may state a matter by reference to a date or period.

(3) A certificate that appears to be signed by or on behalf of the local authority or the interstate authority for an interstate jurisdiction, and states any matter prescribed by the regulations, is evidence of the matter.

(4) A certificate that appears to be signed by or on behalf of the local authority or the interstate authority for an interstate jurisdiction and states any of the following details is evidence of the matter:

(a) details of a community based sentence or the offender in relation to a community based sentence,

(b) details of any 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 if there is no evidence to the contrary.

(6) A court must or may admit into evidence other documents prescribed by the regulations in the circumstances prescribed by the regulations.

Regulations

31 Regulations

The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.

Savings, transitional and other provisions

32 Savings, transitional and other provisions

Schedule 1 has effect.

Review of Act

33 Review of Act

(1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.

(2) The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.

(3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.

Schedule 1

Savings, transitional and other provisions

Schedule 1 Savings, transitional and other provisions

(Section 32)

sch 1: Am 2012 No 79, Sch 1 [9].

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