Interstate Transfer (Community-based Sentences) Act 2009
In ForceTAS
Jurisdiction
Tasmania
Act Number
17 of 2009
Collection
act
Plain English Summary
6/10 complexity
This Act governs how community-based sentences (like community service, probation or similar orders) can be transferred between Tasmania and other Australian states or territories. It lets offenders apply to move their sentence interstate, requires Ministerial approval using specified transfer criteria, establishes a register, and creates rules for interstate travel permits and reciprocal administration.
It affects offenders, the Minister, the Registrar and local/interstate corrective authorities because it shifts who enforces sentences, creates consent, reporting and precondition obligations on offenders, and requires inter-jurisdictional information-sharing.
This Act provides a statutory framework for moving community-based sentences between Tasmania and other Australian States or Territories, and for reciprocal administrative arrangements to manage offenders who travel interstate while serving community-based sentences. Mechanically the Act:
Defines which orders qualify as "community-based sentence" (s 3(1)): community service orders, probation orders, community correction orders (as amended), prescribed classes of sentences (s 3(1)(a), (b), (ba), (c)) and sentences imposed elsewhere that correspond or substantially correspond to those classes (s 3(1)(d)).
Sets out who decides and who records transfers: the Minister (primary decision‑maker) and the Registrar (who must maintain a two‑part register, s 5). The Minister may make requests to corresponding authorities in other jurisdictions (s 8), and corresponding authorities may request registration in Tasmania (s 14).
Establishes criteria for transfer decisions (the “transfer criteria”, s 6(1)): capacity of the receiving jurisdiction to make a corresponding sentence, welfare of the offender, administration of justice, community protection, capacity of the offender to comply, and whether the sentence can be administered safely, efficiently and effectively, plus any prescribed matters.
Creates distinct procedural pathways for transfers out of Tasmania (Part 3) and transfers into Tasmania (Part 4). An offender may request transfer out (s 7); the Minister may request registration elsewhere only after certain conditions are met, including offender consent and no unresolved appeals (s 8(3)). Conversely, a corresponding authority may request registration in Tasmania (s 14); the Minister must be satisfied of offender consent and impose a mandatory precondition that the offender report in Tasmania prior to registration (s 15(3)-(4)).
Current sections
Direct links to the current provisions in Interstate Transfer (Community-based Sentences) Act 2009.
(c) a sentence, imposed by a court of this State, another State or a Territory, that is a member of a class of sentences prescribed by regulations made under this Act; or
(d) a sentence, imposed by a court of another State or a Territory, that corresponds, or substantially corresponds, to –
(ii) a sentence of a class prescribed by regulations made for the purposes of paragraph (c) ;
corresponding authority means a person or body with powers, under a corresponding law of another State or a Territory, that correspond, or substantially correspond, to those of the Minister under Parts 3 and 4 ;
corresponding law means a law, of another State or a Territory, that –
(a) corresponds, or substantially corresponds, to this Act; or
(b) is declared to be a corresponding law under subsection (2) ;
transfer criteria means the criteria specified in section 6(1) .
(2) The Minister, by notice, may declare a law of another State or a Territory to be a corresponding law for the purposes of this Act.
(3) A declaration may be made under subsection (2) whether or not the law specified in the declaration corresponds, or substantially corresponds, to this Act.
4
Application
4 Application
(1) This Act does not apply in relation to a sentence that was imposed by a court in this State, another State or a Territory, on a person who was not an adult at the time he or she committed the offence in relation to which the sentence was imposed.
(b) a sentence to the extent that it imposes a fine or other financial penalty, however described; or
(c) a sentence to the extent that it requires the offender to make a specific act of reparation to a specific person who has been caused harm or loss by the offender.
Part 2
Administration
Part 2 Administration
5
Register
5 Register
(1) The Registrar must establish and maintain, for the purposes of this Act, a register of sentences.
(2) The register is to consist of 2 parts.
(3) One part of the register is to consist of sentences registered under Part 4 .
(4) The other part of the register is to consist of entries made under section 13(2) in relation to sentences that were in force in this State but which have subsequently become registered under a corresponding law pursuant to a request under section 8 .
(5) Subject to this Act, the register may be in a form determined by the Registrar.
6
Transfer criteria and information in relation to decisions
6 Transfer criteria and information in relation to decisions
(1) In this Act, the transfer criteria in relation to a community-based sentence are –
(a) whether a sentence that corresponds to the sentence could be made in the State (including this State) or Territory in which it is proposed to register the sentence; and
(b) the welfare of the offender; and
(c) the administration of justice in this State, another State or a Territory; and
(d) the protection of the community in this State, another State or a Territory; and
(e) whether the offender can comply with the sentence in the State (including this State) or Territory in which it is proposed to register the sentence; and
(f) whether the sentence can be administered safely, efficiently and effectively; and
(g) any other matters that are prescribed by regulations made under this Act.
(2) In making a decision under this Act, the Minister may have regard to any reports from persons who are parole, prison, or correctional services authorities –
(a) in this State; or
(b) in another State or a Territory in relation to which a law has been declared to be a corresponding law.
(3) The Minister may send to a corresponding authority reports from persons referred to in subsection (2) , so as to assist the corresponding authority to form an opinion or to exercise a discretion under a corresponding law.
Part 3
Transfer of Community-based Sentences from Tasmania to Another State or a Territory
Part 3 Transfer of Community-based Sentences from Tasmania to Another State or a Territory
7
Offender may apply to transfer sentence to another State or a Territory
7 Offender may apply to transfer sentence to another State or a Territory
(1) An offender may, in writing addressed to the Minister, request that a community-based sentence in relation to the offender that is in force under a law of this State be transferred to another State or a Territory.
(2) The Minister must agree, or refuse to agree, to a request received under subsection (1) from an offender.
(3) In deciding whether to agree or refuse to agree under subsection (2) , the Minister –
(a) must have regard to the transfer criteria; and
(b) may have regard to any other matter or information that the Minister thinks fit, including any matter that has arisen since the request to which the decision relates was made.
(4) The Minister may not agree to a request received under subsection (1) from an offender unless the Minister is satisfied that it has been explained to the offender that, if the community-based sentence in relation to the offender is registered in another State or a Territory under a corresponding law –
(a) the offender will be bound by the requirements of the law of the other State or the Territory; and
(b) a breach of the sentence may result in the offender being resentenced in the other State or the Territory; and
(c) the other consequences of a breach of the sentence in the other State or the Territory (in particular the penalties that may be imposed for the breach) may be different from the consequences of a breach of the sentence in this State.
(5) The Minister must cause to be served on the offender from whom a request was received under subsection (1) notice of –
(a) the decision of the Minister under subsection (2) in relation to the request; and
(b) if the Minister decided not to agree with the request, his or her reasons for not agreeing.
8
Minister may request that sentence be registered in another State or a Territory
8 Minister may request that sentence be registered in another State or a Territory
(1) The Minister may request the corresponding authority of another State or a Territory to register a community-based sentence that is in force under a law of this State.
(2) A request under subsection (1) may be accompanied by any information or documents that are required under the corresponding law or that the Minister thinks fit.
(3) The Minister must not make a request under subsection (1) to the corresponding authority of another State or a Territory in relation to a community-based sentence unless –
(a) the Minister has agreed under section 7 to a request from the offender that the sentence be transferred to that State or Territory and is satisfied that the offender consents to the registration of the sentence in that State or Territory; and
(b) the Minister is satisfied that there is no application for appeal or review in relation to the sentence that has not been finally determined.
9
Minister may provide additional information to corresponding authority
9 Minister may provide additional information to corresponding authority
If the Minister makes under section 8(1) a request to a corresponding authority in relation to a community-based sentence, the Minister may, at the request of the corresponding authority or on the Minister's own initiative, give the authority further information about the sentence or the offender.
10
Acceptance of transfer by corresponding authority subject to conditions
10 Acceptance of transfer by corresponding authority subject to conditions
(1) If a corresponding authority –
(a) agrees to a request made to the authority under section 8(1) to register a community-based sentence; and
(b) makes the agreement subject to conditions (in this section referred to as "preconditions") being satisfied by the offender before the sentence is registered –
the Minister must decide whether to agree to the registration of the sentence being subject to those preconditions being satisfied.
(2) Before making a decision under subsection (1) in relation to a sentence, the Minister must –
(a) consult with the offender; and
(b) consider the welfare of the offender.
(3) If the Minister does not agree to the registration of the sentence being subject to the preconditions specified by the corresponding authority being satisfied, the Minister must –
(a) cause notice to be served on the offender; and
(b) notify the corresponding authority –
that the Minister does not agree, and set out the Minister's reasons for disagreeing.
11
Withdrawal of request to transfer
11 Withdrawal of request to transfer
(1) An offender may, before a community-based sentence is registered in another State or a Territory, provide to the Minister a notice, in a form approved by the Minister, to the effect that the offender no longer consents to the registration of the sentence in the other State, or the Territory, specified in the notice.
(2) As soon as practicable after a notice is provided to the Minister under subsection (1) , the Minister must forward the notice to the relevant corresponding authority.
12
Effect of registration in another State or a Territory
12 Effect of registration in another State or a Territory
(1) If a community-based sentence that is in force in this jurisdiction is registered under a corresponding law of another State or a Territory –
(a) the sentence becomes a community-based sentence in force in the State or Territory; and
(b) the sentence ceases to be a sentence in force in this State; and
(c) the offender may be dealt with in the State or Territory for a breach of the sentence, whether the breach happened before or after the sentence is registered in the State or Territory; and
(a) imposes a fine or other financial penalty (however described); or
(b) requires the making of reparation (however described) –
and, to that extent, the sentence remains a sentence in force in the jurisdiction in which it was originally imposed and may be enforced accordingly.
(3) Nothing in this Part is to be taken to prevent a sentence imposed in this State and registered in another State or a Territory subsequently being registered under Part 4 .
13
Record to be made in register of transfer of sentence to another State or a Territory
13 Record to be made in register of transfer of sentence to another State or a Territory
(1) If the Minister is informed that a community-based sentence that was in force in this State is registered under a corresponding law of another State or a Territory as a community-based sentence, the Minister is to direct the Registrar to make an entry in relation to the sentence in the part of the register referred to in section 5(4) .
(2) If the Registrar is directed under subsection (1) to make an entry in relation to a sentence, he or she is to –
(a) enter in the part of the register referred to in section 5(4) the details of the offender and the sentence that the Registrar thinks fit; and
(b) endorse on the memorandum of sentence made by a court in this State, or the certified copy of the sentence provided by the relevant corresponding authority under section 14(2)(b) , as the case may be, a statement signed by the Registrar to the effect that the sentence is, on the date of the endorsement, registered under a corresponding law of another State or a Territory.
Part 3A
Reciprocal Arrangements for Administration of Local and Interstate Sentences
Part 3A Reciprocal Arrangements for Administration of Local and Interstate Sentences
13A
Ministerial arrangements for the administration of local and interstate sentences
13A Ministerial arrangements for the administration of local and interstate sentences
(1) The Minister may enter into arrangements with the corresponding Minister of an interstate jurisdiction so as to facilitate –
(a) the administration, within this jurisdiction, of interstate sentences imposed under a law of the interstate jurisdiction; and
(b) the administration, within the interstate jurisdiction, of local sentences, either in relation to particular local offenders or interstate offenders or particular classes of local offenders or interstate offenders.
(2) In particular, arrangements referred to in subsection (1) may be entered into so as to facilitate –
(a) travel to the interstate jurisdiction by local offenders; and
(b) travel to this jurisdiction by interstate offenders.
(3) The local authority has, and may exercise, such powers, authorities, duties and functions as are necessary, under the relevant Ministerial arrangements, for the administration of interstate sentences in relation to interstate offenders who are present in this jurisdiction.
(4) For the purposes of the law of this jurisdiction with respect to local sentences, anything that is done –
(a) by the appropriate interstate authority of an interstate jurisdiction; and
(b) in accordance with the relevant Ministerial arrangements; and
(c) in the administration of a local sentence in relation to a local offender who is present in the interstate jurisdiction –
is taken to have been done pursuant to the law of this jurisdiction.
13B
Issue of interstate travel permit to local offender
13B Issue of interstate travel permit to local offender
(1) This section applies to a local offender whose sentence is subject to a condition (whether imposed by the sentence or otherwise) that prohibits the offender from leaving this jurisdiction without permission.
(2) Permission to leave this jurisdiction may be granted, varied and revoked, and conditions of permission may be imposed and varied, in accordance with the relevant Ministerial arrangements.
(3) After any permission referred to in subsection (2) is granted, the local authority –
(a) must incorporate the terms and conditions of the permission in an interstate travel permit; and
(b) must issue a copy of the permit to the offender; and
(c) must provide –
(i) a copy of the permit; and
(ii) such other documents or information about the offender as are required or authorised to be sent under the relevant Ministerial arrangements –
to the interstate authority of each interstate jurisdiction to which the permit authorises travel.
(4) After the terms or conditions of any permission referred to in subsection (2) are varied, the local authority –
(a) must incorporate the terms and conditions of the permission, as varied, in an amended interstate travel permit; and
(b) must issue a copy of the amended permit to the offender; and
(c) must provide –
(i) a copy of the amended permit; and
(ii) such other documents or information as are relevant to the variation –
to the interstate authority of each interstate jurisdiction to which the permit authorises travel.
(5) After any permission referred to in subsection (2) is revoked, the local authority must provide written notice of that fact to the offender and to the interstate authority of each interstate jurisdiction to which the permit authorised travel.
(6) An interstate travel permit ceases to have effect in an interstate jurisdiction to which it authorises travel –
(a) if written notice referred to in subsection (5) is provided to the interstate authority of that jurisdiction (regardless of whether or not the offender has received the notice); or
(b) if the offender is arrested pursuant to a warrant issued under the corresponding law of that jurisdiction; or
(c) if the timeframes for travel authorised by the travel permit lapse.
13C
Effect of interstate travel permit issued to local offender
13C Effect of interstate travel permit issued to local offender
(1) This section applies in respect of any period during which –
(a) an interstate travel permit is in force in respect of a local offender; and
(b) the local offender is present in an interstate jurisdiction to which the permit authorises travel.
(2) For the purposes of the law of this jurisdiction with respect to local sentences –
(a) the conditions of the interstate travel permit are taken to be substituted for the conditions of the relevant local sentence; and
(b) any compliance or non-compliance by the offender with the conditions of the interstate travel permit are taken to be compliance or non-compliance, as the case may be, with the conditions of the relevant local sentence.
13D
Powers exercisable in relation to interstate offenders
13D Powers exercisable in relation to interstate offenders
(1) This section applies to an interstate offender –
(a) who holds an interstate travel permit that authorises the offender to travel to this jurisdiction; and
(b) who is present in this jurisdiction.
(2) The local authority may issue a warrant for the offender's arrest –
(a) if advised by the relevant interstate authority that the interstate travel permit is no longer in force in this jurisdiction; or
(b) if of the opinion that the offender has failed to comply with the conditions of the interstate travel permit.
(3) A warrant under subsection (2) is sufficient authority for a local law enforcement officer –
(a) to arrest the offender; and
(b) to convey the offender to a place specified in the warrant (whether in this jurisdiction or an interstate jurisdiction); and
(c) to deliver the offender into the custody of an interstate law enforcement officer of the jurisdiction in which the interstate travel permit was issued.
(4) For the avoidance of doubt, a warrant issued under subsection (2) authorises a local law enforcement officer to convey the offender within or across any interstate jurisdiction for the purpose of taking the offender to a place specified in the warrant.
13E
Powers of interstate law enforcement officers
13E Powers of interstate law enforcement officers
[Section 13E Inserted by No. 35 of 2013, s. 6, Applied:01 May 2015] A warrant issued under the corresponding law of an interstate jurisdiction that authorises an interstate law enforcement officer of that jurisdiction to convey an interstate offender or local offender within or across this jurisdiction for the purpose of taking the offender to a place specified in the warrant has effect, in this jurisdiction, according to its tenor.
13F
Operation of Service and Execution of Process Act 1992 of the Commonwealth
13F Operation of Service and Execution of Process Act 1992 of the Commonwealth
Transfer to Tasmania of Community-based Sentences of Another State or a Territory
Part 4 Transfer to Tasmania of Community-based Sentences of Another State or a Territory
14
Requests from interstate for registration of sentences in this State
14 Requests from interstate for registration of sentences in this State
(1) A corresponding authority of another State or a Territory may request the Minister to register under this Part a community-based sentence that is in force in the State or Territory.
(2) A request under subsection (1) for registration of a community-based sentence under this Part must be accompanied by –
(a) details of the name, date of birth and last-known address of the offender; and
(b) a copy, certified by the corresponding authority, of the community-based sentence and of any amendment made to it; and
(c) a copy, certified by the corresponding authority, of the judgment, or order, to which the sentence relates.
(3) The Minister may request a corresponding authority from which the Minister has received a request under subsection (1) to provide further information in relation to the offender, or the community-based sentence, to which the request under subsection (1) relates.
15
Minister may agree to register interstate community-based sentences
15 Minister may agree to register interstate community-based sentences
(1) The Minister must, after receiving a request under section 14 from a corresponding authority, agree, or refuse to agree, to the registration under this Part of the community-based sentence to which the request relates.
(2) The Minister, in deciding under subsection (1) whether to agree or to refuse to agree to the registration under this Part of a community-based sentence –
(a) must have regard to the transfer criteria; and
(b) may have regard to any other matter or information that the Minister thinks fit, including any matter that has arisen since the request to which the decision relates was made.
(3) The Minister must not agree under subsection (1) to the registration of a community-based sentence under this Part unless he or she is satisfied that the offender consents to the registration of the sentence in this State.
(4) The Minister must not agree under subsection (1) to the registration of a community-based sentence unless the agreement is subject to the condition (in this section referred to as the "mandatory precondition") that the registration will not take place unless the offender reports, to a person who is specified in the notice given to the offender under subsection (8) , at a time and place in this State –
(a) specified in the notice; or
(b) agreed between the person and the offender.
(5) The Minister may agree under subsection (1) to the registration of a community-based sentence on the condition that the registration will not take place unless the offender complies with certain conditions (in this section referred to as "individual preconditions").
(6) Individual preconditions specified under subsection (5) are to be conditions that will show that the offender can comply, and is willing to comply, with the community-based sentence in this jurisdiction.
(7) If the Minister refuses to agree to the registration of a community-based sentence under this Part, the Minister must –
(a) cause notice of the refusal and the reasons for the refusal to be served on the offender; and
(b) notify in writing the relevant corresponding authority of the refusal and the reasons for the refusal.
(8) If the Minister agrees to the registration of a community-based sentence under this Part, the Minister must cause notice of the mandatory precondition –
(a) to be served on the offender; and
(b) to be given in writing to the relevant corresponding authority.
(9) If the Minister agrees to the registration of a community-based sentence under this Part on the condition that the registration will not take place unless the offender complies with individual preconditions, the Minister must cause notice of the individual preconditions –
(a) to be served on the offender; and
(b) to be given in writing to the relevant corresponding authority.
(10) The Minister may, before a community-based sentence is registered under this Part, amend or revoke any individual preconditions specified in a notice to the offender and the relevant corresponding authority under subsection (9) .
(11) The Minister must cause notice of an amendment or revocation under subsection (10) of individual preconditions in relation to an offender –
(a) to be served on the offender; and
(b) to be given in writing to the relevant corresponding authority.
16
Offender may withdraw request for registration
16 Offender may withdraw request for registration
(1) An offender in relation to whom a request has been made under section 15 may, at any time before the community-based sentence to which the request relates is registered under this Part, by notice in writing to the Minister, withdraw his or her consent to the registration of the sentence.
(2) The Minister, as soon as practicable after receiving a notice from an offender under subsection (1) , must give notice, in writing, of the withdrawal of consent to the corresponding authority which made a request under section 15 in relation to the offender.
17
Registration of sentence
17 Registration of sentence
(1) The Minister must direct the Registrar to register a community-based sentence under this Part, if the Minister is satisfied that –
(a) the mandatory precondition to which the sentence is subject under section 15(4) ; and
(b) any individual preconditions to which the sentence is subject under section 15(5) –
have been satisfied.
(2) The Minister must not direct the Registrar to register a community-based sentence under this Part unless the Minister is satisfied that the offender has not withdrawn under section 16 his or her consent to the registration of the sentence.
(3) The Minister may, in a direction under subsection (1) , direct the Registrar to register a community-based sentence under this Part as a community-based sentence that is to be taken to be –
(a) a community service order within the meaning of the Sentencing Act 1997 ; or
(c) a member of a class of sentences, specified in the direction, that has been prescribed in regulations made for the purposes of paragraph (c) of the definition of "community-based sentence" in section 3 .
(4) If the Registrar is directed under subsection (1) to register a community-based sentence under this Part, he or she must –
(a) register the sentence by entering in the part of the register referred to in section 5(3) the details of the offender and the sentence, including the details of any direction given in accordance with subsection (3) ; and
(b) endorse on the certified copy of the sentence provided by the relevant corresponding authority under section 14(2)(b) a statement signed by the Registrar to the effect that the sentence is, on the date of the endorsement, registered under this Act; and
(c) keep the endorsed certified copy of the sentence together with the copy of the judgment or order to which the sentence relates that was provided to the Minister by the corresponding authority under section 14(2)(c) .
(5) The Registrar must cause notice in writing of the registration of a sentence under this Part –
(a) to be given in writing to the corresponding authority from which the request in relation to the sentence was received under section 14 ; and
(b) to be served on the offender.
18
Effect of registration under this Part
18 Effect of registration under this Part
(1) If a community-based sentence is registered under this Part –
(a) the sentence becomes a community-based sentence in force in this State; and
(b) the sentence is to be taken to have been validly imposed by a court of petty sessions; and
(c) the sentence continues to apply to the offender in accordance with its terms despite anything to the contrary in another law of this State; and
(d) the offence for which the sentence was imposed is taken to be an offence against the law of this State and not an offence against the law of the other State or the Territory under which the sentence was originally imposed or in which the sentence was registered under a corresponding law; and
(e) the penalty that may be imposed for the offence for which the sentence was imposed is taken to be the penalty that may be imposed for the offence under the law of the State or Territory in which the sentence was imposed and not the penalty that may be imposed for an offence of that kind, if any, under the law of this State; and
(f) any part of the sentence served in another State or a Territory before the sentence was registered under this Act is to be taken to have been served in this State; and
(g) the offender may be dealt with in this State for a breach of the sentence, whether the breach occurred before or after the sentence was registered under this Part; and
(i) the law of this State applies to the sentence and any breach of the sentence with the changes, if any, that may be prescribed by regulations made under this Act.
(2) This section does not affect a right, in the State or Territory in which a sentence was originally made, or in which the sentence was in force under a corresponding law, to an appeal or a review against –
(a) a conviction imposed, or a finding of guilt made, in another State or a Territory; or
(b) a sentence imposed in another State or a Territory.
(3) A sentence or decision imposed or made on an appeal or review referred to in subsection (2) has effect in this State as if it were validly imposed or made on an appeal or review in this State.
(4) This section does not give to the offender a right to an appeal or review in this State in relation to the conviction, finding or imposition of a sentence referred to in subsection (2) .
(a) it imposes a fine or other financial penalty (however described); or
(b) it requires the making of reparation (however described).
Part 5
Correction of Information in Registers
Part 5 Correction of Information in Registers
19
Amendment of registration in another State or a Territory
19 Amendment of registration in another State or a Territory
(1) This subsection applies in relation to a community-based sentence that was in force in this State if –
(a) the sentence is registered in another State or a Territory; and
(b) the Minister becomes aware that the information about the sentence, or the offender, recorded in the register kept under a corresponding law in the other State or the Territory is not, or is no longer, accurate.
(2) If subsection (1) applies in relation to a community-based sentence, the Minister must inform the corresponding authority of the State or the Territory in which the sentence is registered how the information, about the sentence or the offender, that is in the register in the other State or the Territory needs to be changed in order to be made accurate.
(3) Without limiting subsection (2) , the Minister must inform the corresponding authority of –
(a) any part of the sentence served in this State in the period between the making to the corresponding authority of the request under section 8 in relation to the sentence and its registration under the corresponding law; or
(b) the outcome of any appeal or review in this State after the sentence was imposed.
20
Amendment of registration and records
20 Amendment of registration and records
(1) The Registrar may amend the details in the register in respect of –
(a) the registration of a community-based sentence under Part 4 ; or
(b) an entry in the register made under section 13 .
(2) The Minister, after receiving a request, from the corresponding authority that made a request for registration under section 14 in relation to an offender, to amend the details of the registration of the offender under Part 4 , may direct the Registrar to amend the details of the registration of the offender under Part 4 accordingly.
(3) The Registrar must cause notice in writing of any amendment made under this section –
(a) to be given in writing to the corresponding authority; and
(b) to be served on the offender.
21
Dispute about accuracy of information
21 Dispute about accuracy of information
(1) This subsection applies if –
(a) a community-based sentence that was in force in this State is registered in another State or a Territory; and
(b) the Minister receives from the corresponding authority of the State or the Territory notice of a relevant claim made by the offender.
(2) A relevant claim made by an offender is a claim, made by the offender in writing to the corresponding authority of the other State or the Territory, that specifies –
(a) that information recorded about the offender, or a community-based sentence in relation to the offender, in a register kept under a corresponding law in that State or Territory is not accurate or is no longer accurate; and
(b) how the information is inaccurate.
(3) If subsection (1) applies, the Minister must check whether the information to which the offender's claim relates is accurate or not.
(4) If the Minister is satisfied that the information in the register to which the offender's claim relates is accurate, the Minister must, in writing, inform the corresponding authority and the offender accordingly.
(5) If the Minister is satisfied that the information in the register to which the offender's claim relates is not accurate or is no longer accurate, the Minister must, in writing –
(a) inform the corresponding authority and provide to the authority the accurate information; and
(b) inform the offender about the information that the Minister has provided to the corresponding authority under paragraph (a) .
Part 6
Miscellaneous
Part 6 Miscellaneous
22
Application to court to alter sentence to enable registration in another State or a Territory
22 Application to court to alter sentence to enable registration in another State or a Territory
(1) An offender who is subject to a community-based sentence may apply to the court that imposed (or is to be taken, under section 18(1) , to have imposed) the community-based sentence, to have the sentence reviewed, so as to make the sentence a sentence of a kind that is able to be registered under a corresponding law.
(2) If an application under subsection (1) is made to the Supreme Court, a copy of the application and notification of the time and place of the hearing of the application is to be served, at least 7 days before the hearing, on –
(a) the Director of Public Prosecutions; and
(b) the Director, Community Corrections.
(3) If an application under subsection (1) is made to a court of petty sessions, a copy of the application and notification of the time and place of the hearing of the application is to be served, at least 7 days before the hearing, on –
(b) cancel the sentence and deal with the offender for the offence or offences in respect of which it was made in any manner in which the court could deal with the offender had it just found the offender guilty of that offence or those offences.
(5) The court must not vary the sentence, or deal with the offender in any manner, except in so far as the variation or dealing is necessary to make the sentence a sentence of a kind that is able to be registered under a corresponding law.
(6) At the hearing of the application, the court may refuse to vary or cancel the sentence.
(7) If an application under subsection (1) is made in relation to a sentence that is a community service order within the meaning of the Sentencing Act 1997 , any variation or cancellation of the sentence under this section is to be taken to have been made under section 35 of theSentencing Act 1997 .
(8) If an application under subsection (1) is made in relation to a sentence that is a probation order within the meaning of the Sentencing Act 1997 , any variation or cancellation of the sentence under this section is to be taken to have been made under section 41 of theSentencing Act 1997 .
23
Delegation
23 Delegation
(1) The Minister may delegate any of his or her functions or powers under this Act other than this power of delegation.
(2) The Registrar may delegate any of his or her functions or powers under this Act other than this power of delegation.
(a) to be a copy of a sentence on which a statement is endorsed in accordance with section 17(4)(b) on a specified date; and
(b) to have been signed by the Registrar –
is, until the contrary is proved, evidence that the sentence was registered under this Act on that date.
(2) A community-based sentence made under a law of another State or a Territory and registered under Part 4 may be received in evidence in any court without further proof, by the production of a copy of the sentence certified as a true copy by the Registrar.
(3) A copy of a sentence certified by the Registrar under subsection (2) is, until the contrary is proved, evidence of the matters stated in the sentence.
25
Regulations
25 Regulations
(1) The Governor may make regulations for the purposes of this Act.
(2) The regulations may be made so as to apply differently according to such factors as are specified in the regulations.
(3) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the relevant provision or provisions of this Act.
(a) the administration of this Act is assigned to the Minister for Corrections and Consumer Protection; and
(b) the department responsible to that Minister in relation to the administration of this Act is the Department of Justice.
Source text: opening excerpt
Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
1 Short title
1 Short title
This Act may be cited as the Interstate Transfer (Community-based Sentences) Act 2009 .
2 Commencement
2 Commencement
This Act commences on a day to be proclaimed.
3 Interpretation
3 Interpretation
(1) In this Act, unless the contrary intention appears –
community-based sentence means –
(a) a community service order within the meaning of the Sentencing Act 1997 ; or
(b) a probation order within the meaning of the Sentencing Act 1997 ; or
(ba) [Section 3 Subsection (1) amended by No. 51 of 2017, s. 21, Applied:14 Dec 2018][Section 3 Subsection (1) amended by No. 2 of 2022, Sched. 1, Applied:18 Mar 2022] a community correction order within the meaning of the Sentencing Act 1997 ; or
(c) a sentence, imposed by a court of this State, another State or a Territory, that is a member of a class of sentences prescribed by regulations made under this Act; or
(d) a sentence, imposed by a court of another State or a Territory, that corresponds, or substantially corresponds, to –
(i) [Section 3 Subsection (1) amended by No. 2 of 2022, Sched. 1, Applied:18 Mar 2022] an order referred to in paragraph (a) , (b) or (ba) ;
(ii) a sentence of a class prescribed by regulations made for the purposes of paragraph (c) ;
corresponding authority means a person or body with powers, under a corresponding law of another State or a Territory, that correspond, or substantially correspond, to those of the Minister under and ;
Provides for Ministerial arrangements between Ministers of participating jurisdictions to facilitate administration and travel, and authorises local authorities to exercise powers under those arrangements (Part 3A, ss 13A-13F). Those arrangements underpin issuance and notification of interstate travel permits (s 13B), substitution of permit conditions for local sentence conditions while the offender is interstate (s 13C), and arrest/transfer powers for non‑compliance (s 13D-13E).
Specifies effects of registration both when a Tasmanian sentence is registered elsewhere (Part 3, s 12) and when an interstate sentence is registered in Tasmania (Part 4, s 18), including which jurisdiction’s law applies to breaches, whether the sentence continues to be subject to appeal or review in the originating jurisdiction, and carve‑outs for fines and orders for reparation (s 4(2), s 12(2A), s 18(5)).
Prescribes administrative duties for maintaining and correcting registers (ss 5, 13, 19-21), evidence rules for certified copies and endorsements (s 24), and makes the Governor responsible for regulations (s 25). Delegation by Minister, Registrar and local authority is allowed (s 23).
The Act therefore shifts legal and administrative control over specified community‑based sentences depending on where they are registered, while providing mechanisms for travel and enforcement across borders. It creates decision points and notification duties (Minister, Registrar, corresponding authority) and substitutes the receiving jurisdiction’s sentence framework for the one originally imposed, subject to statutory exceptions and explicit procedural preconditions.
Main concepts
The statute uses a small number of core legal concepts and links them together to allow interstate movement and administration of community sentences.
Community‑based sentence. Defined at s 3(1) to include community service orders, probation orders and community correction orders under the Sentencing Act 1997, plus classes of sentences prescribed in regulations (s 3(1)(c)) and sentences imposed in other jurisdictions that correspond or substantially correspond to the named orders (s 3(1)(d)). The definition therefore ties operation of this Act closely to the Sentencing Act 1997 and to whatever classes regulators may prescribe.
Corresponding law / corresponding authority / corresponding Minister. The Act depends on the existence of a matching statutory regime in another jurisdiction. A law may be declared by the Minister to be a “corresponding law” (s 3(2)); the corresponding authority and corresponding Minister are respectively the bodies and individuals that exercise equivalent powers under that law (s 3(1)). The Minister may declare a law to be corresponding even if it does not strictly correspond (s 3(3)), providing administrative flexibility.
Register and Registrar. The Registrar (Administrator of the Magistrates Court) must maintain a two‑part register (s 5): one part for sentences registered into Tasmania under Part 4 (s 5(3)), and a second part for entries created when sentences that were in force in Tasmania become registered under a corresponding law elsewhere (s 5(4), recorded under s 13). The Registrar must make endorsements on memoranda and certified copies (ss 13(2)(b), 17(4)(b)) and keep records (s 17(4)(c)).
Transfer criteria. The statutory decision criteria for the Minister are explicit (s 6(1)), covering capacity of the receiving jurisdiction to make a corresponding sentence, offender welfare, administration of justice, community protection, offender’s capacity to comply, and administrative feasibility (s 6(1)(a)-(f)), plus prescribed matters.
Precondition architecture. The Act distinguishes between mandatory preconditions (s 15(4): the offender must report to a specified person/time/place in Tasmania before registration) and individual preconditions (s 15(5)-(6): tailored conditions to demonstrate compliance capability). For transfers out, corresponding authorities may impose "preconditions" and the Minister must decide whether to accept those (s 10).
Reciprocal Ministerial arrangements. Part 3A (ss 13A-13F) authorises Ministers to enter arrangements to facilitate administration of local and interstate sentences. Those arrangements underpin travel permissions, interstate travel permits, notification duties, and powers of local authorities and law enforcement when offenders cross borders (ss 13A-13E). The Service and Execution of Process Act 1992 is preserved (s 13F).
Treatment of breaches and enforcement. Registration changes which jurisdiction’s legal apparatus deals with breaches. When a Tasmanian sentence is registered elsewhere, the sentence ceases to be in force in Tasmania and the offender may be dealt with by the receiving jurisdiction for breaches occurring before or after registration (s 12(1)(b)-(c)). Conversely, when an interstate sentence is registered in Tasmania it becomes an order “in force” in Tasmania, the offence is taken to be an offence against Tasmanian law (s 18(1)(a), (d)), and Tasmania may deal with breaches (s 18(1)(g)). The Act preserves the originating jurisdiction’s appeal and review rights (s 12(2), s 18(2)).
Carve‑outs for juveniles, parole, fines and reparation. The Act does not apply to sentences imposed for offences committed by persons who were not adults at the time of the offence (s 4(1)). It excludes parole orders (s 4(2)(a)) and excludes the parts of sentences that are fines or require specific acts of reparation (s 4(2)(b)-(c); s 12(2A); s 18(5)). Those carve‑outs create specific enforcement and jurisdictional limits.
Taken together, these concepts set up a system where consent, ministerial discretion, administrative documentation and reciprocal arrangements determine where and how an offender’s community‑based sentence is administered and enforced. The Act relies on coordination between Tasmanian authorities and corresponding interstate bodies, and on Registrar records and endorsements to give effect to transfers.
Who it affects
Primary affected groups, and the decisions that matter to each, are as follows:
Offenders serving community‑based sentences. They must initiate transfers out by written request to the Minister (s 7(1)), and must consent for transfers in (s 15(3)). For registration into Tasmania the offender must satisfy a mandatory precondition to report in Tasmania before registration takes effect (s 15(4)). Offenders face differing substantive consequences if registered in another jurisdiction: they will be bound by the receiving law (s 7(4)(a)), may be re‑sentenced by the receiving jurisdiction for breaches (s 7(4)(b)) and may face different penalties (s 7(4)(c); see s 18(1)(e) and s 18(2A) for the Tasmanian side). They can withdraw consent prior to registration (s 11(1) and s 16(1)).
Ministers and Ministerial offices. The Minister for Corrections and Consumer Protection is assigned administration until otherwise ordered (s 26). The Minister has the principal decision‑making and notification duties: to agree or refuse offender transfer requests (s 7(2)), to request registration in other jurisdictions (s 8), to decide whether to accept preconditions from corresponding authorities (s 10), to agree or refuse registration requests from interstate authorities (s 15), and to direct the Registrar to register when preconditions are satisfied (s 17). The Minister can declare corresponding laws (s 3(2)) and enter Ministerial arrangements (s 13A). The Act also allows delegation of Ministerial powers (s 23(1)).
Registrar and court administrators. The Registrar must create and maintain the register with two parts (s 5), make entries and endorsements when registration events occur (ss 13(2), 17(4)), amend entries (s 20), and give statutory notices when required (s 17(5)). The Registrar may delegate functions except the power of delegation (s 23(2)). The Registrar's entries and endorsements have evidentiary weight (s 24).
Courts. Courts are empowered to vary or cancel sentences where necessary to make them registrable under another jurisdiction’s corresponding law (s 22). Procedural notice to prosecutorial and correctional authorities is required before such applications in higher and lower courts (s 22(2)-(3)). Courts must act only to the extent necessary to make the sentence registerable (s 22(5)).
Local authorities and correctional services. The local authority (Director of Corrective Services or prescribed person, s 3(1)) is responsible for administration under Ministerial arrangements (s 13A(3)), for issuing interstate travel permits and notifying interstate authorities (s 13B(3)), and for revocation/variation notifications (s 13B(4)-(5)). The Director, Community Corrections is a statutorily referenced recipient of notice in court applications (s 22(2)-(3)).
Corresponding authorities and interstate Ministers. They are the decision‑making and administrative counterparts in interstate regimes. A corresponding authority may request registration in Tasmania (s 14); may accept or conditionally accept registration of Tasmanian sentences (s 10); and may request further information from the Minister (s 9). The Act contemplates Ministers entering reciprocal arrangements (s 13A).
Law enforcement. Local law enforcement officers, including correctional and probation officers and police (s 3(1)), may be authorised to arrest and convey offenders pursuant to warrants issued under s 13D. Interstate law enforcement officers’ warrants have effect in Tasmania according to their tenor (s 13E).
Victims and persons owed reparation. The Act expressly preserves enforcement of fines and specific acts of reparation: such elements of a sentence are excluded from transfer under s 4(2)(b)-(c), and remain enforceable in the jurisdiction of original imposition (s 12(2A), s 18(5)). That means victims’ monetary and specific‑reparation rights remain in the originating jurisdiction unless otherwise provided by arrangement or regulation.
Who pays and who bears administrative cost: public agencies (Minister’s department, Registrar) bear administrative duties for processing requests, maintaining registers and notifying parties (ss 5, 7, 13, 17). Offenders bear transaction costs (providing consent and attending reporting obligations to meet preconditions, ss 7(4), 15(4)). Corresponding authorities in other jurisdictions must supply certified copies and supporting documents when requesting registration (s 14(2)(b)-(c)), and they may bear costs of administering transferred sentences in their jurisdiction after registration (s 12(1)(a)).
Key duties and rights
The Act allocates duties and rights across offenders, the Minister, the Registrar, courts and corresponding authorities. The following lists the principal duties and rights as written.
Duties of the Minister
Decide on offender requests to transfer sentences out, and provide reasons for refusal (s 7(2)-(3), s 7(5)).
Only make a request to an interstate corresponding authority after offender consent and once no appeal or review remains outstanding (s 8(3)(a)-(b)).
Consult and consider offender welfare before agreeing to accept preconditions imposed by a corresponding authority (s 10(1)-(2)).
Respond to requests from corresponding authorities for registration in Tasmania by agreeing or refusing and by giving notice to offender and corresponding authority (s 15(1), (7)-(9)).
Ensure, for registration into Tasmania, the mandatory precondition that the offender report to a specified person/time/place in Tasmania is imposed and satisfied before registration (s 15(4), s 17(1)).
Direct Registrar to register sentences when preconditions satisfied and the offender has not withdrawn consent (s 17(1)-(2)).
Provide information to corresponding authorities upon becoming aware that interstate registers contain inaccurate data (s 19(2)-(3)).
Delegate powers subject to s 23(1).
Duties of the Registrar
Establish and maintain a register in two parts (s 5(1)-(4)).
Enter details and endorse memoranda/certified copies when directed under s 13(2) and s 17(4)(a)-(b), and keep documents together (s 17(4)(c)).
Amend register entries on Minister’s direction or on own motion as allowed (s 20).
Give written notice of registration or amendment to corresponding authorities and offenders (ss 17(5), 20(3)).
May delegate functions except the delegation power (s 23(2)).
Rights and duties of offenders
Right to request transfer of a Tasmanian community‑based sentence to another State or Territory (s 7(1)).
Right to be informed by the Minister of decision and reasons if refused (s 7(5)).
Obligation to give written consent for registration in Tasmania (s 15(3)); may withdraw consent before registration (s 11(1), s 16(1)).
Obligation to satisfy mandatory and any individual preconditions for registration in Tasmania, notably to report to a specified person/time/place in Tasmania prior to registration (s 15(4)-(6), s 17(1)).
Notification duties: must receive copies of travel permits and variations (s 13B(3)-(4)(b)).
Exposure to different enforcement regimes once registered elsewhere, including differing penalties for breaches (s 7(4), s 12(1)(c), s 18(1)(g)).
Duties of corresponding authorities/interstate Ministers
Provide certified copies and necessary information when requesting registration under s 14(2).
May make registration subject to preconditions; must communicate those to the Tasmanian Minister and correspond on additional information requests (ss 8-10, 14).
Must be informed of variations, revocations and validated travel permits for interstate travel (s 13B(3)-(5)).
Duties of courts
May, on offender application, vary or cancel sentences only so far as necessary to make them registerable under a corresponding law (s 22(1), (4)-(6)).
Must give notice of applications to the Director of Public Prosecutions or Commissioner of Police and Director, Community Corrections depending on the court (s 22(2)-(3)).
Any variation made under this section relating to specific types of orders is to be treated under the relevant provisions of the Sentencing Act 1997 (s 22(7)-(8)).
Duties of local authorities and law enforcement
Issue interstate travel permits incorporating terms and conditions of permission and communicate to interstate authorities (s 13B(3)-(4)).
Issue warrants for arrest of interstate offenders present locally if informed permit no longer in force or officer believes conditions breached (s 13D(2)).
Convey offenders as authorised by warrants (s 13D(3)).
Evidentiary and administrative provisions
Registrar’s endorsements and certified copies are prima facie evidence of registration and registration date (s 24(1)-(3)).
The Governor may make regulations including savings and transitional provisions (s 25); regulations may vary by specified factors (s 25(2)).
These duties create an administrative chain: offenders initiate or consent, Ministers make decisions, corresponding authorities and local authorities exchange certified documents and notices, the Registrar records and endorses entries, and law enforcement executes warrants and travel permits as needed.
Penalties and enforcement
The Act does not itself create new criminal offences with specified penalties. Instead it prescribes a framework for enforcement and remedial action when sentence conditions are breached, and for handling cross‑jurisdictional enforcement. Key enforcement mechanisms and their legal consequences in the Act are:
Transfer of enforcement jurisdiction. When a Tasmanian community‑based sentence is registered elsewhere under a corresponding law, the sentence becomes a community‑based sentence in the receiving jurisdiction and ceases to be a sentence in force in Tasmania (s 12(1)(a)-(b)). The receiving jurisdiction may deal with breaches regardless of whether they occurred before or after registration (s 12(1)(c)). Conversely, when an interstate sentence is registered in Tasmania the sentence is treated as validly imposed by a Tasmanian court and Tasmania can deal with breaches whether they occurred before or after registration (s 18(1)(b), (f)-(g)). That switching of enforcement forum is the primary mechanism by which breaches are addressed.
Resentencing and resentencing limits. The Act expressly contemplates that a breach in the receiving jurisdiction may expose the offender to re‑sentencing there (s 7(4)(b)). When an interstate sentence is registered in Tasmania s 18(1)(e) treats the penalty for the offence as that which may be imposed under the law of the State or Territory in which the sentence was imposed, but s 18(2A) limits that application to the circumstances where the offender is re‑sentenced in Tasmania. The effect is that resentencing in the receiving jurisdiction follows that jurisdiction’s sentencing regime, subject to statutory limits.
Arrest and conveyance for travel permit violations. Part 3A provides specific enforcement powers for travel‑permit regimes. The local authority may issue a warrant for arrest of an interstate offender present locally if the relevant interstate authority advises the permit is no longer in force or if the local authority believes the offender has failed to comply with permit conditions (s 13D(2)). A warrant authorises local law enforcement to arrest, convey the offender to a specified place (within or across jurisdictions) and to deliver the offender into custody of the issuing interstate law enforcement officer (s 13D(3)-(4)). A warrant issued under the corresponding law of an interstate jurisdiction has effect in Tasmania according to its tenor (s 13E). These provisions operationalise cross‑border apprehension and transfer for non‑compliance.
Evidence and presumptions facilitating enforcement. Certified copies and endorsements made by the Registrar are admissible and prima facie evidence of registration and of the matters stated in the sentence (s 24(1)-(3)). This evidentiary rule reduces transactional friction for enforcement and judicial processes once a sentence has been registered, limiting the need for further proof of registration.
Preservation of fine/reparation enforcement. The Act excludes fines and orders for reparation from transfer (s 4(2)(b)-(c)); it also preserves their enforcement in the jurisdiction of original imposition (s 12(2A), s 18(5)). This means victims’ financial entitlements remain enforceable in the originating jurisdiction rather than shifting automatically with registration.
Limit on dual prosecution in some circumstances. Section 12(1)(e) states that where the sentence was, immediately before registration elsewhere, registered under Part 4, it ceases to be registered under Part 4 and proceedings against the offender may not be commenced in this jurisdiction in relation to a breach of the conditions attached to the sentence that occurred before registration in the interstate jurisdiction. The precise sequencing of registrations and the presence of this clause can affect whether an originating jurisdiction may later commence proceedings for pre‑registration breaches; practitioners should map the registration sequence carefully.
Appeals and reviews. Registration does not extinguish appeal or review rights in the originating jurisdiction (s 12(2), s 18(2)) and any sentence or decision imposed on appeal or review has effect in Tasmania as if validly imposed there (s 18(3)). However, registration does not itself confer a right to an appeal in Tasmania against a conviction or sentence imposed in the originating jurisdiction (s 18(4)). That arrangement preserves originating‑jurisdiction appellate rights while preventing the receiving jurisdiction from being a forum for fresh appellate claims solely by reason of registration.
There are therefore no statutory fines or custodial penalties created by this Act itself. Enforcement occurs through re‑exposure to the receiving jurisdiction’s enforcement and sentencing powers, through arrest and transfer under warrants for travel permit breaches, and through the administrative effect of registration and recordation which facilitate enforcement under local laws. The Act places administrative duties on executives (Minister, Registrar, local authorities) and gives law enforcement the power to act on warrants and notifications from corresponding authorities.
How it interacts with other laws
The Act deliberately interfaces with multiple other statutory regimes and instruments. The text is careful to link its operation to existing sentencing and administrative laws. The main interactions are:
Sentencing Act 1997. The definition of "community‑based sentence" expressly references community service orders, probation orders and community correction orders as defined in the Sentencing Act 1997 (s 3(1)(a), (b), (ba)). When a sentence is registered in Tasmania and the Minister directs it to be taken to be a specified kind of order, that sentence is to be treated for all purposes as such an order within the meaning of the Sentencing Act 1997 (s 18(1)(h)). Section 22 ties any court‑made variation under this Act to the Sentencing Act 1997: variations to community service orders are taken as made under s 35 of the Sentencing Act, variations to community correction orders are to be taken under s 42AU (inserted provision reference), and variations to probation orders correspond to s 41 of the Sentencing Act (s 22(7)-(8), (7A)). Practitioners must therefore read this Act alongside the Sentencing Act to understand how a registered sentence behaves within Tasmania’s sentencing framework.
Corresponding laws of other States and Territories. The Act presupposes that other jurisdictions will have laws that “correspond, or substantially correspond” to this Act, and it provides a statutory mechanism for the Minister to declare a law to be a corresponding law (s 3(2)-(3)). Operationalised transfers thus depend on the content of other jurisdictions’ laws, and the Act explicitly allows declarations of correspondence even where the correspondence is imperfect (s 3(3)).
Parole Orders (Transfer) Act 1983. The Act excludes parole orders within the meaning of s 3 of the Parole Orders (Transfer) Act 1983 from its operation (s 4(2)(a)). Transfers of parole orders are therefore governed by that Act rather than by this Act.
Corrections Act 1997 and State Service Act 2000. The definitions rely on the Director, Community Corrections and local authorities as defined or appointed under the Corrections Act 1997 and State Service Act 2000 (s 3(1) definitions). Section 26 formally assigns administration initially to the Minister for Corrections and Consumer Protection and the Department of Justice until Administrative Arrangements change that assignment (s 26).
Service and Execution of Process Act 1992 (Cth). Section 13F expressly states that nothing in this Act limits or affects operation of that Commonwealth Act, preserving Commonwealth process‑service and execution rules.
Regulations and delegated powers. The Governor may make regulations for purposes of the Act (s 25). Regulations may prescribe participating jurisdictions (definition of "participating jurisdiction" in s 3(1)) and classes of sentences (s 3(1)(c)), and may specify additional transfer‑criteria matters (s 6(1)(g)). The Minister and Registrar may delegate functions (s 23), and the local authority may delegate (s 23(3)). Those delegated instruments and regulations will govern operational details, so the Act interacts materially with delegated administrative law.
Evidence rules. The Registrar’s certified copies and endorsements are admissible and prima facie evidence under s 24(1)-(3). That dovetails with general evidentiary practice and reduces the need for extraneous proof in courts.
Appeals and reviews in originating jurisdictions. The Act preserves appeal and review rights in the originating jurisdiction (s 12(2), s 18(2)); it also prescribes how appellate decisions in those jurisdictions have effect in Tasmania (s 18(3)). This creates a cross‑jurisdictional appellate footprint: a sentence registered in Tasmania remains subject to the originating jurisdiction’s appeal structure.
Interaction with victims’ rights and fines enforcement. By excluding fines and specific reparation requirements from transfer (s 4(2)(b)-(c), s 12(2A), s 18(5)), the Act leaves those enforcement mechanisms to the originating jurisdiction’s legal instruments and pathways.
In practical terms, the Act is an overlay that relies on,and is constrained by,(1) the Sentencing Act 1997 for the substantive character of sentences; (2) corresponding interstate statutory frameworks for mutual recognition and enforcement; (3) regulations and delegated authorities for operational detail; and (4) Commonwealth process rules for service and execution where relevant. Practitioners must therefore check the corresponding law and regulations in other jurisdictions, the Sentencing Act provisions applied to a particular sentence, and the existence of Ministerial arrangements (s 13A) before advising on transfer or enforcement options.
Amendment history
The text provided contains embedded amendment notes showing the Act has undergone several statutory modifications. The amendments and their targets, as reflected in the provided text, are:
No. 35 of 2013 (applied 01 May 2015): Multiple insertions and amendments in Part 3A and definitions. Specific changes indicated include:
Amendments to the definition section s 3(1) adding a suite of interstate concepts and definitions (e.g. corresponding Minister, interstate authority, interstate offender, participating jurisdiction, local authority, interstate travel permit, "this jurisdiction" meaning Tasmania) noted as applied 01 May 2015 (s 3(1) annotation).
Insertion of s 13A and ss 13B-13F (Part 3A) by No. 35 of 2013, s 6 (applied 01 May 2015) creating the reciprocal Ministerial arrangements, interstate travel permits, related powers and protections (see notes in ss 13A-13F).
Insertion of s 23(3) (delegation by local authority) by No. 35 of 2013, s 8 (applied 01 May 2015).
Insertions s 18(2A), s 18(5) by No. 35 of 2013, s 7 (applied 01 May 2015) providing carve‑outs relating to fines and reparation and clarifying s 18(1)(e) application.
No. 51 of 2017 (applied 14 Dec 2018): Amendments to incorporate community correction orders and to align registration treatment:
s 3(1) amended to add community correction orders (s 3(1)(ba) with note).
s 17(3) amended to include community correction order as a type the Registrar may be directed to treat a registered sentence as being (s 17(3) annotation).
s 18(1)(h) amended so a registered sentence treated as a community service order, community correction order, or probation order is to be treated for all purposes as such (s 18(1)(h) annotation).
s 22(7A) inserted to treat variation/cancellation of community correction orders under this Act as variation/cancellation under s 42AU of the Sentencing Act 1997 (s 22(7A) annotation).
s 18(1) generally amended (s 18(1) annotation shows amendments by No. 51 of 2017 s 23).
No. 2 of 2022 (Sched. 1, applied 18 Mar 2022): Minor amendment reflected in s 3(1)(d)(i) reference text (annotation). The provided text indicates the scheduling change applied 18 March 2022 but does not supply detail beyond the annotation to s 3(1)(d)(i).
The embedded amendment notes show the Act has been actively updated to:
incorporate the later concept of community correction orders into the scheme (2017 amendments, applied Dec 2018);
add a reciprocal arrangements regime for travel and cross‑border administration (2013 amendments, applied May 2015);
refine how penalties are treated on re‑sentencing (2013 amendments, applied May 2015);
and carry minor textual updates in 2022.
The schedule and section annotations in the provided text should be used as the definitive amendment trail for matters reflected in the Act as presented. For other historical changes or explanatory memorandum context, consult the statutory revision history and original explanatory materials that accompanied each amending Act. The Act as provided incorporates those changes as in force on the dates indicated.
Litigation history
The provided statutory text contains no judicial decisions, case names or litigation citations. It therefore contains no litigation history within the instrument itself. The Act preserves appellate and review rights in originating jurisdictions (s 12(2), s 18(2)) and records that appellate outcomes from the originating jurisdiction have effect in Tasmania as if validly imposed (s 18(3)), but it does not provide or cite any case law. Any litigation or judicial interpretation arising under this Act would need to be located by searching Tasmanian and interstate court databases for cases interpreting the Act, or for cases dealing with cross‑jurisdictional registration and enforcement of community‑based sentences. The Act’s text alone does not identify precedent or disputes.
Gotchas
Several practical pitfalls and counterintuitive points arise directly from the Act as drafted:
Consent is pivotal but revocable pre‑registration. The Minister may not request registration in another jurisdiction without the offender’s consent (s 8(3)(a)), and a corresponding authority may not register in Tasmania unless offender consents (s 15(3)). But an offender can withdraw consent before registration (s 11(1), s 16(1)), potentially disrupting administrative plans. Practitioners must confirm timing and ensure consent remains in force.
Mandatory precondition for registration into Tasmania. The Minister must make registration conditional on the offender reporting in Tasmania to a specified person/time/place (s 15(4)). Practitioners and agencies must coordinate logistics: the offender must appear in Tasmania before registration can take effect (s 17(1)). That can create travel and custodial planning needs and may delay registration.
Transfers change who enforces the sentence (and sometimes change substantive penalties). Once a sentence is registered elsewhere it ceases to be in force in Tasmania and is enforced by the receiving jurisdiction (s 12(1)(a)-(b)). Conversely, when an interstate sentence is registered in Tasmania the offence is taken to be an offence against Tasmanian law (s 18(1)(d)). The receiving jurisdiction’s enforcement and penalty regime therefore controls. Section 7(4)(c) requires the Minister to explain to the offender that penalties for breach may differ.
Fines and reparation remain in originating jurisdiction. Contrastingly, elements of sentence that are fines or specific reparation are excluded from the transfer mechanism and remain enforceable in the jurisdiction where imposed (s 4(2)(b)-(c), s 12(2A), s 18(5)). That leads to split enforcement: custodial or supervision conditions may move, while monetary obligations remain behind.
“Corresponding law” can be declared even absent substantial correspondence. Section 3(3) allows the Minister to declare a law to be a corresponding law whether or not it corresponds, or substantially corresponds, to this Act. This gives administrative flexibility but creates legal risk: a formal declaration can trigger transfers where operational and legal alignment is incomplete.
Registrations and sequencing can affect future prosecutions. Section 12(1)(e) prevents proceedings in this jurisdiction for breaches that occurred before registration in the interstate jurisdiction in certain sequences (where the sentence was immediately before registration registered under Part 4). Register sequencing must be tracked to avoid unintended preclusion of enforcement actions in Tasmania.
Evidence presumptions reduce proof burden but can lock in errors. Registrar’s endorsements and certified copies are prima facie evidence of registration (s 24). That evidentiary weight benefits enforcement but may create friction if registers are inaccurate; correction procedures (ss 19-21) exist, but practitioners should move quickly to correct inaccuracies when identified.
Travel permit substitution of conditions. When an offender is present in an interstate jurisdiction under an interstate travel permit, the permit’s conditions substitute for the local sentence conditions for the duration (s 13C(2)(a)-(b)). That substitution can temporarily change supervision, reporting obligations, or curfews and must be actively managed by correctional administrators.
Arrest powers for travel permit non‑compliance are broad. Section 13D authorises warrants for arrest and conveyance across jurisdictions and specifies delivery into custody of interstate law enforcement. Practitioners should watch for cross‑jurisdictional movement and ensure procedural safeguards (e.g. notification, warrant tenor) are observed.
Administrative burden and notice requirements. The Minister must give reasons for refusals (s 7(5), s 15(7)), and the Registrar must notify corresponding authorities and offenders when registrations or amendments occur (s 17(5), s 20(3)). Agencies should maintain processes and tracking systems to meet statutory notice and recordkeeping duties.
Exclusions and age limitation. The Act excludes juvenile offences (s 4(1)). It does not apply to sentences imposed for juvenile offending; transfers for those orders must rely on other regimes.
Delegation and accountability. The Minister, Registrar and local authority may delegate functions (s 23). Delegations may aid workload but create potential accountability gaps; decision records and delegation instruments should be clear and auditable.
Regulatory contingency. The Governor may make regulations (s 25). Many operational details (participating jurisdictions, classes of sentences, additional transfer criteria) can be set by regulation. Advice should check the current regulations for rules that alter the statutory defaults.
These “gotchas” are concrete: they derive directly from the statutory text and translate into operational, evidentiary or jurisdictional friction points that counsel, corrections administrators and compliance officers must plan to manage.
How to comply
Compliance obligations fall on offenders, Ministers’ departments, registrars, corresponding authorities and local authorities. The steps and documentation required differ by pathway (transfer out, transfer in, travel permit), so this section sets out practical, section‑referenced steps to meet statutory obligations.
For an offender seeking transfer out of Tasmania (Part 3)
Make a written request addressed to the Minister (s 7(1)).
Be prepared to have the Minister explain that registration elsewhere will bind the offender by the receiving law, that breaches may result in re‑sentencing there, and penalties may differ (s 7(4)(a)-(c)). Obtain a documented explanation where possible to avoid disputes about informed consent.
Be available for consultation if the corresponding authority proposes preconditions; the Minister must consult the offender when deciding whether to accept preconditions (s 10(1)-(2)).
If the Minister refuses the request, expect written notice of decision and reasons served on you (s 7(5)).
For the Minister/department when processing a transfer out
Verify offender consent and that the offender is informed about consequences (s 7(4), s 8(3)(a)).
Confirm there is no unresolved appeal or review against the sentence before making a request to a corresponding authority (s 8(3)(b)).
Prepare the request with any required documents per the corresponding law and any additional information the Minister considers fit (s 8(2)).
If the corresponding authority accepts registration subject to preconditions, consult the offender and consider welfare before deciding whether to accept those preconditions (s 10(1)-(2)). If refusing the preconditions, serve notice on the offender and notify the corresponding authority with reasons (s 10(3)).
If registration proceeds, ensure Registrar receives direction and that the register is updated and endorsements made (s 13(1)-(2)).
For a corresponding authority requesting registration in Tasmania (Part 4)
Provide the documents required by s 14(2): offender details, certified copy of the sentence and any amendments, and certified copy of judgment/order to which the sentence relates.
Be prepared to supply further information on request by the Minister (s 14(3)).
Expect the Minister to impose the mandatory precondition that the offender report in Tasmania before registration (s 15(4)) and to communicate any individual preconditions (s 15(5), (9)).
For the Minister/department when processing a registration into Tasmania
Obtain written consent from the offender for registration (s 15(3)); ensure consent is current and unrevoked.
Impose the mandatory precondition requiring the offender report to a specified person/time/place in Tasmania prior to registration (s 15(4)). Communicate that precondition to both offender and corresponding authority (s 15(8)).
If individual preconditions are imposed, serve notice on the offender and notify the corresponding authority (s 15(9)). Be prepared to amend or revoke individual preconditions before registration and notify accordingly (s 15(10)-(11)).
Only direct the Registrar to register once mandatory and individual preconditions are satisfied and the offender has not withdrawn consent (s 17(1)-(2)).
Direct the Registrar how to categorise the registered sentence (community service order, community correction order, probation order, or a prescribed class) for operational purposes under the Sentencing Act (s 17(3)).
Registrar duties and recordkeeping
Maintain the two‑part register (s 5), keep certified copies and judgments together with endorsements (s 17(4)(b)-(c)).
On Minister direction, enter details and endorse memoranda/certified copies (s 13(2), s 17(4)(a)-(b)).
Amend records when directed or when permitted under s 20, and give written notice of any amendments to the corresponding authority and the offender (s 20(2)-(3)).
Where a sentence registered in another jurisdiction is corrected, follow the notification flow in s 19-21.
Interstate travel and travel permits (Part 3A)
For local offenders subject to restrictions on leaving the jurisdiction, consider whether permission to leave should be granted under relevant Ministerial arrangements (s 13B(1)-(2)). Ensure the terms and conditions are fully documented in an interstate travel permit and that the offender receives a copy (s 13B(3)(a)-(b)).
Provide copies and required documents or information to each interstate authority to which the permit authorises travel (s 13B(3)(c)).
After variation or revocation, issue amended permits or notices and notify interstate authorities (s 13B(4)-(5)). Be cognisant that the permit ceases to have effect in an interstate jurisdiction on written notice, on arrest pursuant to a warrant under the corresponding law, or when the authorised travel time lapses (s 13B(6)).
Enforcement operations
Local authorities may issue warrants for arrest of interstate offenders in Tasmania if the interstate authority advises the permit is no longer in force or if the offender appears to have breached conditions (s 13D(2)). Ensure warrants specify conveyance and delivery instructions (s 13D(3)).
Understand that interstate warrants have effect in Tasmania according to their tenor (s 13E); coordinate law enforcement transport and custody arrangements accordingly.
Use Registrar endorsements and certified sentence copies as evidence where admissible (s 24(1)-(3)).
Corrections and prosecution coordination
When a court alters a sentence to make it registerable, ensure service of notice on prosecuting authorities and community corrections per s 22(2)-(3).
Ensure any variation or cancellation is recorded and processed as required under the Sentencing Act equivalents (s 22(7)-(8), (7A)).
Record corrections and dispute handling
If informed that interstate registers are inaccurate, promptly inform the corresponding authority how entries should be corrected (s 19(2)-(3)).
If an offender disputes register accuracy via a relevant claim to an interstate corresponding authority, the Minister must check the accuracy and inform the corresponding authority and offender in writing of the outcome (s 21(1)-(5)).
Regulatory and delegation controls
Check for any regulations made under s 25 that specify participating jurisdictions, additional transfer criteria or administrative procedures.
Where functions are delegated under s 23, maintain delegation instruments and records to demonstrate lawful exercise of delegated power.
Practical documentation checklist
Written offender request or withdrawal (ss 7(1), 11(1), 16(1)).
Copies of sentences, certified judgments and amendments when requested/imported (s 14(2)(b)-(c)).
Notices to offenders of Minister decisions and reasons (s 7(5), s 15(7), s 17(5)).
Registrar endorsements on memoranda/certified copies for evidentiary use (ss 13(2)(b), 17(4)(b)).
Records demonstrating mandatory precondition satisfied (s 17(1): evidence that the offender reported as required).
Following these section‑specific steps will align operational practice with statutory duties and reduce the risk of procedural challenge. Coordination with corresponding authorities and careful tracking of appeals and consent status are critical compliance controls.
corresponding law means a law, of another State or a Territory, that –
(a) corresponds, or substantially corresponds, to this Act; or
(b) is declared to be a corresponding law under subsection (2) ;
[Section 3 Subsection (1) amended by No. 35 of 2013, s. 4, Applied:01 May 2015]corresponding Minister, in relation to an interstate jurisdiction, means the person who has powers under the corresponding law of that jurisdiction that correspond to the powers of the Minister under this Act;
Director, Community Corrections means the person appointed under the State Service Act 2000 to manage probation officers working on community corrections programs under section 88 of theCorrections Act 1997 ;
[Section 3 Subsection (1) amended by No. 35 of 2013, s. 4, Applied:01 May 2015]interstate authority for an interstate jurisdiction is the entity that is the local authority for the jurisdiction under the corresponding law of the jurisdiction;
[Section 3 Subsection (1) amended by No. 35 of 2013, s. 4, Applied:01 May 2015]interstate jurisdiction means a participating jurisdiction other than this jurisdiction;
[Section 3 Subsection (1) amended by No. 35 of 2013, s. 4, Applied:01 May 2015]interstate law enforcement officer, in relation to an interstate jurisdiction, means a local law enforcement officer within the meaning of the corresponding law of that jurisdiction;
[Section 3 Subsection (1) amended by No. 35 of 2013, s. 4, Applied:01 May 2015]interstate offender means an offender who is subject to an interstate sentence;
[Section 3 Subsection (1) amended by No. 35 of 2013, s. 4, Applied:01 May 2015]interstate sentence means a community-based sentence in force in an interstate jurisdiction;
[Section 3 Subsection (1) amended by No. 35 of 2013, s. 4, Applied:01 May 2015]interstate travel permit means an interstate travel permit issued under section 13B or an interstate travel permit (however described) issued under the corresponding law of another State or a Territory;
[Section 3 Subsection (1) amended by No. 35 of 2013, s. 4, Applied:01 May 2015]jurisdiction means a State or Territory of the Commonwealth;
[Section 3 Subsection (1) amended by No. 35 of 2013, s. 4, Applied:01 May 2015]local authority for this jurisdiction is the Director of Corrective Services appointed under the Corrections Act 1997 or such other person as may be prescribed;
[Section 3 Subsection (1) amended by No. 35 of 2013, s. 4, Applied:01 May 2015]local law enforcement officer means a correctional officer, or probation officer, within the meaning of the Corrections Act 1997 , or a police officer;
[Section 3 Subsection (1) amended by No. 35 of 2013, s. 4, Applied:01 May 2015]local offender means an offender who is subject to a Tasmanian community-based sentence;
[Section 3 Subsection (1) amended by No. 35 of 2013, s. 4, Applied:01 May 2015]local sentence means a community-based sentence in force in this jurisdiction;
[Section 3 Subsection (1) amended by No. 35 of 2013, s. 4, Applied:01 May 2015]Ministerial arrangements means arrangements referred to in section 13A ;
offender, in relation to a community-based sentence, means the person on whom the sentence was imposed;
[Section 3 Subsection (1) amended by No. 35 of 2013, s. 4, Applied:01 May 2015]originating jurisdiction, in relation to a community-based sentence, means the jurisdiction in which the sentence was originally imposed;
[Section 3 Subsection (1) amended by No. 35 of 2013, s. 4, Applied:01 May 2015]participating jurisdiction means this jurisdiction or a State or Territory of the Commonwealth declared by the regulations to be a participating jurisdiction;
register means the register established under section 5 ;
Registrar means the Administrator of the Magistrates Court, within the meaning of that expression in the Magistrates Court Act 1987 ;
sentence means an order, decision or other sentence (however described) and includes part of a sentence;
serve, in relation to a sentence, includes –
(a) to comply with or satisfy the sentence; and
(b) to do anything else in accordance with the sentence;
[Section 3 Subsection (1) amended by No. 35 of 2013, s. 4, Applied:01 May 2015]this jurisdiction means Tasmania;
transfer criteria means the criteria specified in section 6(1) .
(2) The Minister, by notice, may declare a law of another State or a Territory to be a corresponding law for the purposes of this Act.
(3) A declaration may be made under subsection (2) whether or not the law specified in the declaration corresponds, or substantially corresponds, to this Act.
4 Application
4 Application
(1) This Act does not apply in relation to a sentence that was imposed by a court in this State, another State or a Territory, on a person who was not an adult at the time he or she committed the offence in relation to which the sentence was imposed.
(2) This Act does not apply to –
(a) a parole order within the meaning of section 3 of theParole Orders (Transfer) Act 1983 ; or
(b) a sentence to the extent that it imposes a fine or other financial penalty, however described; or
(c) a sentence to the extent that it requires the offender to make a specific act of reparation to a specific person who has been caused harm or loss by the offender.
Part 2 Administration
Part 2 Administration
5 Register
5 Register
(1) The Registrar must establish and maintain, for the purposes of this Act, a register of sentences.
(2) The register is to consist of 2 parts.
(3) One part of the register is to consist of sentences registered under Part 4 .
(4) The other part of the register is to consist of entries made under section 13(2) in relation to sentences that were in force in this State but which have subsequently become registered under a corresponding law pursuant to a request under section 8 .
(5) Subject to this Act, the register may be in a form determined by the Registrar.
6 Transfer criteria and information in relation to decisions
6 Transfer criteria and information in relation to decisions
(1) In this Act, the transfer criteria in relation to a community-based sentence are –
(a) whether a sentence that corresponds to the sentence could be made in the State (including this State) or Territory in which it is proposed to register the sentence; and
(b) the welfare of the offender; and
(c) the administration of justice in this State, another State or a Territory; and
(d) the protection of the community in this State, another State or a Territory; and
(e) whether the offender can comply with the sentence in the State (including this State) or Territory in which it is proposed to register the sentence; and
(f) whether the sentence can be administered safely, efficiently and effectively; and
(g) any other matters that are prescribed by regulations made under this Act.
(2) In making a decision under this Act, the Minister may have regard to any reports from persons who are parole, prison, or correctional services authorities –
(a) in this State; or
(b) in another State or a Territory in relation to which a law has been declared to be a corresponding law.
(3) The Minister may send to a corresponding authority reports from persons referred to in subsection (2) , so as to assist the corresponding authority to form an opinion or to exercise a discretion under a corresponding law.
Part 3 Transfer of Community-based Sentences from Tasmania to Another State or a Territory
Part 3 Transfer of Community-based Sentences from Tasmania to Another State or a Territory
7 Offender may apply to transfer sentence to another State or a Territory
7 Offender may apply to transfer sentence to another State or a Territory
(1) An offender may, in writing addressed to the Minister, request that a community-based sentence in relation to the offender that is in force under a law of this State be transferred to another State or a Territory.
(2) The Minister must agree, or refuse to agree, to a request received under subsection (1) from an offender.
(3) In deciding whether to agree or refuse to agree under subsection (2) , the Minister –
(a) must have regard to the transfer criteria; and
(b) may have regard to any other matter or information that the Minister thinks fit, including any matter that has arisen since the request to which the decision relates was made.
(4) The Minister may not agree to a request received under subsection (1) from an offender unless the Minister is satisfied that it has been explained to the offender that, if the community-based sentence in relation to the offender is registered in another State or a Territory under a corresponding law –
(a) the offender will be bound by the requirements of the law of the other State or the Territory; and
(b) a breach of the sentence may result in the offender being resentenced in the other State or the Territory; and
(c) the other consequences of a breach of the sentence in the other State or the Territory (in particular the penalties that may be imposed for the breach) may be different from the consequences of a breach of the sentence in this State.
(5) The Minister must cause to be served on the offender from whom a request was received under subsection (1) notice of –
(a) the decision of the Minister under subsection (2) in relation to the request; and
(b) if the Minister decided not to agree with the request, his or her reasons for not agreeing.
8 Minister may request that sentence be registered in another State or a Territory
8 Minister may request that sentence be registered in another State or a Territory
(1) The Minister may request the corresponding authority of another State or a Territory to register a community-based sentence that is in force under a law of this State.
(2) A request under subsection (1) may be accompanied by any information or documents that are required under the corresponding law or that the Minister thinks fit.
(3) The Minister must not make a request under subsection (1) to the corresponding authority of another State or a Territory in relation to a community-based sentence unless –
(a) the Minister has agreed under section 7 to a request from the offender that the sentence be transferred to that State or Territory and is satisfied that the offender consents to the registration of the sentence in that State or Territory; and
(b) the Minister is satisfied that there is no application for appeal or review in relation to the sentence that has not been finally determined.
9 Minister may provide additional information to corresponding authority
9 Minister may provide additional information to corresponding authority
If the Minister makes under section 8(1) a request to a corresponding authority in relation to a community-based sentence, the Minister may, at the request of the corresponding authority or on the Minister's own initiative, give the authority further information about the sentence or the offender.
10 Acceptance of transfer by corresponding authority subject to conditions
10 Acceptance of transfer by corresponding authority subject to conditions
(1) If a corresponding authority –
(a) agrees to a request m
This is an opening excerpt, not the complete document.