Interstate Transfer (Community-based Sentences) Act 2009
15Minister may agree to register interstate community-based sentences
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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 –