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Crimes (Sentence Administration) Act 2005
16November 2025. It also includes any commencement, amendment, repeal or expiry affecting
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16 November 2025. It also includes any commencement, amendment, repeal or expiry affecting
this republished law to 16 November 2025.
The legislation history and amendment history of the republished law are set out in endnotes 3
and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT
legislation register at www.legislation.act.gov.au):
• authorised republications to which the Legislation Act 2001 applies
• unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial
amendments and other changes of a formal nature when preparing a law for republication.
Editorial changes do not change the effect of the law, but have effect as if they had been made by
an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The
changes are made if the Parliamentary Counsel considers they are desirable to bring the law into
line, or more closely into line, with current legislative drafting practice.
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately
before the provision heading. Any uncommenced amendments that affect this republished law
are accessible on the ACT legislation register (www.legislation.act.gov.au). For more
information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the
symbol M appears immediately before the provision heading. The text of the modifying
provision appears in the endnotes. For the legal status of modifications, see the Legislation
Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an
individual and $810 for a corporation (see Legislation Act 2001, s 133).
contents 1
Page
Preamble 2
1 Name of Act 3
3 Dictionary 3
4 Notes 3
5 Offences against Act—application of Criminal Code etc 4
6 Main object of Act 5
7 Treatment of sentenced offenders 5
8 Treatment of remandees 6
Page
contents 2 Crimes (Sentence Administration) Act 2005
9 Treatment of other people in custody 7
10 Application—pt 3.1 8
11 Effect of committal order 9
12 Warrant for imprisonment 9
13 Custody of sentenced offender 9
14 Imprisonment not affected by want of proper warrant 9
15 Application—pt 3.2 10
16 Effect of remand order 10
17 Warrant for remand 11
18 Custody of remandee 12
19 Remand not affected by want of proper warrant 13
20 Directions to escort officers 14
21 Orders to bring offender or remandee before court etc 14
22 Application—ch 4 15
23 Definitions—ch 4 16
24 Full-time detention obligations 17
25 Full-time detention—director-general directions 17
26 Full-time detention in ACT or NSW 18
27 Guidelines—allocation of detainees to correctional centres 18
28 Work and activities by full-time detainee 19
Page
contents 3
29 Custody of full-time detainee—lawful absence from correctional centre 19
30 Unlawful absence by offender—extension of sentence 20
31 Early release of offender 20
32 Release at end of sentence 21
33 Offender not to be released if serving another sentence etc 21
34 Application—pt 4.3 23
35 Removal of full-time detainee to NSW 23
36 Full-time detention in NSW 23
37 Full-time detention—return from NSW 24
38 Full-time detention—release in NSW 25
39 Application—ch 5 26
40 Definitions—ch 5 26
41 Intensive correction order obligations 28
42 Intensive correction order—core conditions 28
43 Intensive correction order—alcohol and drug tests 31
43A Intensive correction order—end 31
Part 5.3 Intensive correction order—community
44 Application—pt 5.3 32
45 Intensive correction orders—compliance with community service
condition 32
46 Intensive correction orders—community service work—director-
general directions 32
47 Intensive correction orders—community service work—failure to report
etc 34
48 Intensive correction orders—community service work—maximum daily
hours 35
Page
contents 4 Crimes (Sentence Administration) Act 2005
48A Intensive correction orders—community service work—therapy and
education program limit 36
49 Intensive correction orders—community service work—health
disclosures 36
50 Intensive correction orders—community service work—alcohol and
drug tests 36
51 Intensive correction orders—community service work—reports by
entities 37
Part 5.4 Intensive correction order—rehabilitation
programs
52 Application—pt 5.4 38
53 Intensive correction orders—rehabilitation program condition—
compliance 38
54 Intensive correction orders—rehabilitation programs—director-general
directions 38
55 Intensive correction orders—rehabilitation program providers—reports
by providers 39
Part 5.5 Intensive correction order—curfew
56 Application—pt 5.5 40
57 Compliance with curfew 40
58 Curfew—directions 40
Division 5.6.1 Intensive correction orders—supervision
59 Corrections officers to report breach of intensive correction order
obligations 42
60 Arrest without warrant—breach of intensive correction order
obligations 42
61 Arrest warrant—breach of intensive correction order obligations 43
62 Board inquiry—breach of intensive correction order obligations 44
63 Notice of inquiry—breach of intensive correction order obligations 45
64 Board powers—breach of intensive correction order obligations 45
65 Cancellation of intensive correction order on further conviction etc 47
Page
contents 5
66 Cancellation of intensive correction order if offender withdraws
consent 49
Division 5.6.3 Suspension and cancellation of intensive correction
67 Application—div 5.6.3 49
68 Notice of board decisions about intensive correction order 49
69 Intensive correction order—effect of suspension or cancellation 49
70 Intensive correction orders—effect of suspension or cancellation on
other intensive correction order 50
71 Intensive correction orders—effect of suspension or cancellation on
parole 51
72 Suspension or cancellation of intensive correction order—recommittal
to full-time detention 51
73 Cancellation of intensive correction order—offender may apply for
order to be reinstated 52
Part 5.7 Intensive correction orders—amendment or
74 Court powers—amendment or discharge of intensive correction order 54
75 Intensive correction orders—limitations on amendment or discharge 55
Part 5.8 Intensive correction orders—reporting and
records
76 Record-keeping by director-general 56
77 Authorised person may access data 56
Part 5.9 Intensive correction orders—miscellaneous
78 Intensive correction order proceedings—rights of interested person 57
78A Intensive correction order cancellation by court—official notice of
sentence 57
79 Intensive correction order—court and board powers after end of order 58
80 Intensive correction orders—outstanding warrants—extension of
sentence 58
Page
contents 6 Crimes (Sentence Administration) Act 2005
82 Application—ch 5A 60
Part 5A.2 Drug and alcohol treatment orders—
undertaking treatment
82A Drug and alcohol treatment order—drug and alcohol tests 61
Part 5A.3 Drug and alcohol treatment orders—effect of
cancellation
82B Application—pt 5A.3 62
82C Drug and alcohol treatment order—effect of cancellation 62
Part 5A.4 Drug and alcohol treatment orders—reporting
and records
82D Record-keeping by director-general 64
82E Authorised person may access data 64
83 Application—ch 6 65
84 Definitions—ch 6 65
85 Good behaviour obligations 66
86 Good behaviour—core conditions 67
87 Good behaviour—director-general directions 68
88 Good behaviour order—end 69
89 Application—pt 6.2 70
90 Good behaviour orders—compliance with community service condition 70
91 Good behaviour orders—community service work—director-general
directions 70
92 Good behaviour orders—community service work—failure to report etc 72
Page
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93 Good behaviour orders—community service work—maximum daily
hours 73
93A Good behaviour orders—community service work—therapy and
education program limit 74
94 Good behaviour orders—community service work—health disclosures 74
95 Good behaviour orders—community service work—alcohol and drug
tests 75
96 Good behaviour orders—community service work—frisk searches 75
97 Good behaviour orders—community service work—reports by entities 76
Part 6.3 Good behaviour—rehabilitation programs
98 Application—pt 6.3 77
99 Good behaviour orders—compliance with rehabilitation program
condition 77
100 Good behaviour orders—rehabilitation programs—director-general
directions 77
101 Good behaviour orders—rehabilitation program providers—reports by
providers 78
102 Good behaviour—breach of good behaviour obligation 79
103 Arrest without warrant—breach of good behaviour obligations 80
104 Arrest warrant—breach of good behaviour obligations etc 81
105 Good behaviour—agreement to attend court 82
106 Good behaviour—summons to attend court 82
107 Offence committed while under good behaviour order 83
108 Court powers—breach of good behaviour obligations 83
109 Cancellation of good behaviour order made as non-conviction order 85
110 Cancellation of good behaviour order with suspended sentence order 85
111 Enforcing security under good behaviour order 86
Part 6.6 Good behaviour orders—amendment and
112 Court powers—amendment or discharge of good behaviour order 88
113 Good behaviour orders—limitations on amendment or discharge 88
Page
contents 8 Crimes (Sentence Administration) Act 2005
114 Good behaviour orders—effect of amendment on sureties 89
115 Good behaviour proceedings—rights of interested person 90
116 Good behaviour—court powers after end of order 90
116A Definitions—ch 6A 91
116B Payment of fine 93
Part 6A.2 Penalty notices, default notices and payment
arrangements
116C Registrar to send penalty notice 94
116D Offender to give registrar contact details 95
116E Registrar may ask other people for offender’s contact details 96
116F Doubtful service 96
116G Liability for administrative fee 97
116H Default notice 97
116I Form of default notice 98
116J Reminder notice 99
116K Payment arrangements 100
Division 6A.3.1 Reporting fine defaulters
116L Application—pt 6A.3 101
116M Director-general to notify road transport authority 101
116O Examination by director-general 102
116P Examination notice 102
116Q Examination notice—content 103
116R Examination warrant—issue 104
116S Examination warrant—contents and execution 105
Page
contents 9
116T Examination hearing before registrar 106
116U Examination hearing warrant—issue 108
116V Examination hearing warrant—contents and execution 109
116W Director-general may apply for fine enforcement order 110
116X Magistrates court may make fine enforcement order 111
Division 6A.3.4 Fine enforcement orders—earnings redirection orders
116Y Fine enforcement order—earnings redirection order 113
Division 6A.3.5 Fine enforcement orders—financial institution
deduction orders
116Z Financial institution deduction order 115
116ZA Property seizure order 116
116ZB Property seizure order—authority to enter premises etc 116
116ZC Property seizure order—sale of seized property 118
116ZD Property seizure order—restoration application 119
116ZE Voluntary community work order 120
116ZF Voluntary community work order—administration 121
116ZG Voluntary community work order—rate of discharge of outstanding fine 122
116ZH Voluntary community work order—noncompliance 122
116ZI Voluntary community work order—certificate of completion 123
116ZJ Voluntary community work order—ends if outstanding fine paid 123
116ZK Imprisonment order 123
116ZM Imprisonment—rate of discharge of outstanding fine 124
116ZN Imprisonment—release if outstanding fine paid 125
116ZO Remission of fine by director-general 126
116ZP Time served in custody to count 127
116ZQ Reparation order agreements 127
116ZR Apportionment of fine amounts 128
116ZS Conviction or order quashed or set aside 128
Page
contents 10 Crimes (Sentence Administration) Act 2005
116ZT Sharing information 129
116ZU Orders may be made on conditions 129
117 Definitions—ch 7 130
118 Meaning of parole eligibility date 131
118A Parole—meaning of registered victim and victim 131
119 Application—pt 7.2 132
120 Criteria for making parole orders 132
121 Applications for parole 133
122 Board may reject parole application without inquiry 134
123 Board to seek victim’s views for parole inquiry 135
124 Notice to victims for parole inquiry 137
125 Parole applications—inquiry without hearing 138
126 Parole applications—decision after inquiry without hearing 139
127 Parole applications—notice of hearing 140
128 Parole applications—failure of offender to participate in hearing 141
129 Parole applications—decision after hearing 141
130 Parole orders may include conditions 142
131 When parole orders take effect 142
132 Explanation of parole order 142
133 Notice of decisions on parole applications 143
134 Application—pt 7.3 145
135 Release authorised by parole order 145
136 Parole obligations 145
137 Parole order—core conditions 146
138 Parole—director-general directions 147
138A Parole—alcohol and drug tests 148
Page
contents 11
139 Parole—effect of custody during order 148
140 Parole—when time is served against sentence 149
141 Parole—end of order 149
142 Application—pt 7.4 150
143 Corrections officers to report breach of parole obligations 150
144 Arrest without warrant—breach of parole obligations 150
145 Arrest warrant—breach of parole obligations 151
146 Board inquiry—breach of parole obligations 151
147 Notice of inquiry—breach of parole obligations 152
148 Board powers—breach of parole obligations 152
149 Automatic cancellation of parole order for ACT offence 153
150 Cancellation of parole order for non-ACT offence 154
151 Cancellation after parole order has ended 154
152 Exercise of board functions after parole ended 155
153 Board inquiry—management of parole 155
154 Notice of inquiry—management of parole 156
155 Parole order—commencement suspended before parole release date 156
156 Board powers—management of parole 157
157 Notice of board decisions about parole 159
158 When changes to parole obligations take effect 160
159 When board cancellation of parole order takes effect 160
160 Parole order—effect of cancellation 160
161 Cancellation of parole—recommittal to full-time detention 161
161A Application—pt 7.5A 163
161B Definitions—pt 7.5A 163
Page
contents 12 Crimes (Sentence Administration) Act 2005
161C General rule 165
161D Exceptions—certain ACT offences 165
161E Exceptions—certain non-ACT offences 166
161F Appeal to Supreme Court—order by board 167
161G Working out parole time credit—general rule 168
161H Working out parole time credit—exceptions 169
161I Parole time credit—shortest period to apply 169
162 Definitions—pt 7.6 171
163 Parole order transfer—declaration of corresponding parole laws 172
164 Parole order transfer—registration requests 172
165 Parole order transfer—documents for registration requests 172
166 Parole order transfer—consideration of requests 173
167 Parole order transfer—registration 174
168 Parole order transfer—effect of registration under this Act 175
169 Parole order transfer—effect of transfer to another jurisdiction 177
170 Parole order transfer—evidence of registration 177
Part 8.1 Establishment, functions and constitution of
board
171 Establishment of board 178
172 Functions of board 178
173 Members of board 178
174 Appointment of board members 179
175 Conditions of appointment of board members 180
176 Term of appointment of board member 180
177 Disclosure of interests by board members 180
178 Ending board member appointments 183
179 Protection from liability for board members etc 184
Page
contents 13
179A Delegation by chief police officer 184
180 Meaning of board’s supervisory functions 185
181 Exercise of board’s supervisory functions 185
182 Constitution of divisions of board 185
183 Time and place of board meetings 187
184 Presiding member at board meetings 187
185 Quorum at board meetings 187
186 Voting at board meetings 187
187 Conduct of board meetings 188
188 Authentication of board documents 188
189 Evidentiary certificate about board decisions 189
190 Proof of certain board-related matters not required 189
191 Board secretary 189
192 Confidentiality of board information 189
193 Meaning of inquiry 191
194 Application of Criminal Code, ch 7 191
195 Board inquiries and hearings 191
196 Conduct of inquiry 192
197 Submissions for inquiry 193
198 Board may require official reports 193
199 Board may require information and documents 193
200 Expenses—production of documents etc 194
201 Possession of inquiry documents etc 195
202 Record of inquiry 195
203 Application—pt 9.2 196
Page
contents 14 Crimes (Sentence Administration) Act 2005
204 Notice of board hearing 196
205 Appearance by offender at board hearing 196
206 Arrest of offender for board hearing 197
207 Appearance at board hearing by audiovisual or audio link 198
208 Evidence at board hearings etc 199
209 Offender’s rights at board hearing 200
210 Custody of offender during board hearing adjournment 200
211 Record of board hearings 201
212 Protection of witnesses etc at board hearings 202
213 Meaning of registered victim 203
214 Meaning of victim 203
215 Victims register—offenders other than young offenders 204
215A Victims register—young offenders 204
216 Disclosures to registered victims—offenders other than young
offenders 205
216A Disclosures to registered victims—young offenders 206
217 Definitions—pt 11.1 208
218 Interstate transfer—meaning of sentence of imprisonment etc 212
219 Interstate transfer—person subject to sentence of imprisonment 212
220 Interstate transfer—effect of warrant of commitment issued by justice
of the peace 213
221 Interstate transfer—corresponding courts and interstate laws 214
222 Interstate transfer—requests from ACT and joint prisoners for transfer
to participating state 214
223 Interstate transfer—requests from ACT and joint prisoners for transfer
to non-participating territory 215
Page
contents 15
224 Interstate transfer—effect of div 11.1.2 orders on joint prisoners 216
225 Interstate transfer—repeated requests for transfer 217
226 Interstate transfer—receipt of request for transfer to ACT 217
227 Interstate transfer—reports 218
228 Interstate transfer—request for transfer to participating state 218
229 Interstate transfer—necessary consents 220
230 Interstate transfer—order for prisoner to be brought before Magistrates
Court 220
231 Interstate transfer—order of transfer 221
232 Interstate transfer—review of Magistrates Court decision 221
233 Interstate transfer—effect of div 11.1.3 orders on joint prisoners 222
234 Interstate transfer—execution of orders for prisoners to be brought
before courts 223
235 Interstate transfer—request by Attorney-General for transfer of
imprisoned person to ACT 223
236 Interstate transfer—request by imprisoned person for transfer to ACT 223
237 Interstate transfer—return of prisoner to participating state 224
238 Interstate transfer—prisoner’s request to serve sentence in ACT 226
239 Interstate transfer—effect of div 11.1.4 orders on joint prisoners 227
240 Interstate transfer—transfer in custody of escort 228
241 Interstate transfer—transfer of sentence with prisoner 229
242 Interstate transfer—information sent to participating state 229
243 Interstate transfer—translated sentences 230
244 Interstate transfer—operation of translated sentences generally 231
245 Interstate transfer—indeterminate translated sentences 232
246 Interstate transfer—effect of translated sentences before transfer to
ACT 232
247 Interstate transfer—default imprisonment for translated sentences 233
248 Interstate transfer—notification to prisoners of decisions 234
249 Interstate transfer—lawful custody for transit through ACT 235
250 Interstate transfer—escape from custody of person being transferred 236
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contents 16 Crimes (Sentence Administration) Act 2005
251 Interstate transfer—offence for escape from custody 237
252 Interstate transfer—revocation of order of transfer on escape from
custody 238
Part 11.2 International transfer of prisoners
253 International transfer—object of pt 11.2 239
254 International transfer—meaning of Commonwealth Act 239
255 International transfer—terms defined Commonwealth Act 239
256 International transfer—Minister’s functions 239
257 International transfer—functions of prison officers, police officers etc 239
258 International transfer—arrangements for administration of
Commonwealth Act 240
259 International transfer—prisoners transferred to Australia 240
260 International transfer—prisoners transferred from Australia 241
Part 12.1 Transfer of community-based sentences—
general
261 Community-based sentence transfer—purpose of ch 12 242
262 Community-based sentence transfer—application of ch 12 242
263 Community-based sentence transfer—definitions ch 12 243
Part 12.2 Transfer of community-based sentences—
important concepts
264 Meaning of community-based sentence 244
265 Community-based sentence transfer—jurisdictions and participating
jurisdictions 244
266 Community-based sentence transfer—local and interstate sentences 245
267 Meaning of corresponding community-based sentence law 245
268 Community-based sentence transfer—local and interstate authorities 246
Part 12.3 Transfer of community-based sentences—
administration
269 Community-based sentence transfer—appointment of local authority 247
Page
contents 17
270 Community-based sentence transfer—delegation by local authority 247
271 Community-based sentence transfer—local register 247
Part 12.4 Transfer of community-based sentences—
registration of interstate sentences in ACT
272 Community-based sentence transfer—request for transfer of interstate
sentence 248
273 Community-based sentence transfer—form of request for registration 248
274 Community-based sentence transfer—request for additional
information 250
275 Community-based sentence transfer—withdrawal of offender’s
consent 250
276 Community-based sentence transfer—registration criteria 250
277 Community-based sentence transfer—decision on request 251
278 Community-based sentence transfer—preconditions for registration 253
279 Community-based sentence transfer—how interstate sentence
registered 253
280 Community-based sentence transfer—notice of registration 254
281 Community-based sentence transfer—effect of registration generally 254
Part 12.5 Transfer of community-based sentences—
registration of ACT sentences interstate
282 Community-based sentence transfer—request for transfer of local
sentence 256
283 Community-based sentence transfer—response to request for
additional information 256
284 Community-based sentence transfer—effect of interstate registration 256
Part 12.6 Transfer of community-based sentences—
other provisions
285 Community-based sentence transfer—inaccurate information about
local sentence registered interstate 258
286 Community-based sentence transfer—dispute about accuracy of
information in interstate register 258
287 Community-based sentence transfer—evidentiary certificates for
registration and registered particulars 259
Page
contents 18 Crimes (Sentence Administration) Act 2005
Division 13.1.1 Release on licence—general
288 Application—pt 13.1 261
289 Definitions—pt 13.1 261
290 Release on licence—request for board recommendation 261
291 Release on licence—notice of board inquiry 262
292 Release on licence—board to seek victim’s views 262
293 Release on licence—criteria for board recommendations 264
294 Release on licence—board recommendations 266
295 Release on licence—decision by Executive 266
296 Release on licence—grant 267
297 Explanation of licence 267
298 Release on licence—notice of Executive decision 268
299 Release authorised by licence 269
300 Release on licence obligations 270
301 Release on licence—core conditions 270
302 Release on licence—director-general directions 272
302A Release on licence—alcohol and drug tests 272
303 Release on licence—sentence not discharged 272
303A Corrections officers to report breach of release on licence obligations 272
304 Arrest without warrant—breach of release on licence obligations 273
305 Arrest warrant—breach of release on licence obligations 273
306 Board inquiry—review of release on licence 274
307 Board inquiry—notice of review of release on licence 275
308 Board powers—review of release on licence 275
309 Release on licence—automatic cancellation of licence for ACT offence 276
310 Release on licence—cancellation of licence for non-ACT offence 276
311 Release on licence—notice of board’s decision on review 277
312 Cancellation of licence—recommittal to full-time detention 277
Page
contents 19
Part 13.2 Remissions and pardons
313 Remission of penalties 279
314 Grant of pardons 279
314A Prerogative of mercy 279
315 Definitions—ch 14 280
316 Meaning of community service work 280
317 Protection from liability for people involved in community service work 281
318 Community service work not to displace employees 282
319 No employment contract for community service work 282
320 Community service work—work health and safety 282
320A Purpose—ch 14A 284
320B Youth justice principles to be considered 284
320C Young offenders and remandees—references to correctional centre
and Corrections Management Act 285
320D Young offenders and remandees—references to director-general 285
320E Young remandees—remand to be at detention place 286
320F Young offenders—administration of sentences other than
imprisonment 286
320G Young offenders—breach of good behaviour obligations 286
320H Sentencing court to deal with breaches 287
320I Young offenders—transfer 287
320J Young offenders—transfer of community-based sentences 287
Part 14A.2 Young offenders—accommodation orders
320K Accommodation orders—contraventions 288
320L Accommodation orders—resentencing for breach 288
Page
contents 20 Crimes (Sentence Administration) Act 2005