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Crimes (Sentence Administration) Act 2005
281Community-based sentence transfer—effect of
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281 Community-based sentence transfer—effect of
registration generally
(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 after the
registration of the sentence;
(h) the law of this jurisdiction applies to the sentence and any breach
of it with any necessary changes and the changes (if any)
prescribed by regulation.
(2) Subsection (1) (d) and (e) do not apply if this jurisdiction is the
originating jurisdiction.
(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).
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 Magistrates Court; and
(b) in any other case—the Supreme Court.
Part 12.5 Transfer of community-based sentences—registration of ACT sentences
interstate
Part 12.5 Transfer of community-based
sentences—registration of ACT
sentences interstate