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Crimes (Sentence Administration) Act 2005
277Community-based sentence transfer—decision on
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277 Community-based sentence transfer—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 278; 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 other relevant matter.
(3) The local authority may make procedures (assessment procedures),
consistent with this Act, to assist in deciding whether to register
interstate sentences.
(4) An assessment procedure is a notifiable instrument.
(5) 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.
(6) 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.
(7) 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
(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 s 281.
(8) 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.