Crimes (Interstate Transfer of Community Based Sentences) Act 2004
7What is a “community based sentence”?
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7 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.