7Offender 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.