Interstate Transfer (Community-based Sentences) Act 2009
18Effect of registration under this Part
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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
(h) [Section 18 Subsection (1) amended by No. 51 of 2017, s. 23, Applied:14 Dec 2018] if the sentence is registered, in accordance with a direction under section 17(1) given in accordance with section 17(3) , as a sentence that is to be taken to be a community service order, a community correction order, or a probation order, within the meaning of the Sentencing Act 1997 or to be a member of a class of sentences, the sentence is to be treated for all purposes as such an order or sentence; 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.