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Crimes (Sentence Administration) Act 2005
273Community-based sentence transfer—form of request for
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273 Community-based sentence transfer—form of request for
(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) any other document required by the local authority.
(3) For 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.