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COMMUNITY BASED SENTENCES (TRANSFER) REGULATION 2004 (NO 51 OF 2004)
2004
THE
LEGISLATIVE ASSEMBLY FOR THE
AUSTRALIAN CAPITAL
TERRITORY
EXPLANATORY STATEMENT
COMMUNITY BASED SENTENCES (TRANSFER) REGULATION
2004
Subordinate Law
SL2004-51
Circulated by the authority of
Jon Stanhope MLA
Attorney
General
EXPLANATORY STATEMENT
These regulations are authorised by section 31 of the Community Based
Sentences (Transfer) Act 2003.
Following the commencement of the Community Based Sentences
(Transfer) Act 2003, which provides for the transfer of community
based sentences between jurisdictions with reciprocal legislation, regulations
are required to enable the scheme to be administered appropriately and
effectively. The objective of the transfer of community based sentences scheme
is to:
• provide for the formal transfer and enforcement of community
based sentences between Australian jurisdictions;
• allow a
jurisdiction that receives a transferred community based sentence to administer
that order as though it had been made in that jurisdiction; and
• release a jurisdiction’s obligations to administer a community
based sentence after that order has been transferred to another jurisdiction.
For the ACT, community based sentences include periodic detention orders,
home detention orders, community service orders and orders for conditional
release (recognisances).
The Regulations will declare jurisdictions that
are participating jurisdictions for purposes of formally transferring and
enforcing community based sentences between the ACT and other jurisdictions.
The Regulations will also define the details of the offender and the sentence to
be transferred to the ACT, that will be required to be recorded in the local
register by the local authority for the scheme.
Revenue/cost
implications
There is no additional cost involved in these
regulations. The matters described in and provided for by the regulations have
already been anticipated in the arrangements for the implementation of the
authorising legislation.
Clause 1 – name of Regulations
This is a machinery
provision that establishes the name of the Regulations.
This is a machinery provision that establishes the commencement date for the
Regulations. The Regulations are necessary for the authorizing legislation to
be effective, and so have been set to commence the day after the Regulations are
notified.
Clause 3 – dictionary
The dictionary at the
end of the Regulations is part of the Regulations.
Notes in the Regulations are explanatory and are not part of the Regulations.
Section 8 of the authorising legislation states that community based
sentences may only be transferred to and from jurisdictions that have been
declared to be participating jurisdictions. Participating jurisdictions are
those jurisdictions that have passed legislation that permits the transfer of
community based sentences from the ACT to the other jurisdiction, and from the
other jurisdiction to the ACT, in the manner and form prescribed by the
authorising legislation.
The NSW Crimes (Interstate Transfer
of Community Based Sentences) Act 2004 is mirror legislation to the ACT
Community Based Sentences (Transfer) Act 2003. The NSW legislation
permits the transfer of community based sentences to and from NSW, in the manner
and form prescribed by the authorising legislation. This makes NSW a
participating jurisdiction.
Clause 6 – registration of interstate sentences, required
details – Act, section 22
Section 22 of the authorizing
legislation states that an interstate sentence is registered in the ACT by
entering required details in the local register. Required details are details
of the offender and the interstate sentence as stated in Schedule 1 of the
Regulations.
Other details regarding the offender and interstate
sentence that are apparent from the request to transfer and accompanying
documentation will be recorded administratively. Examples of other details that
may be recorded include the offender’s reason for moving to the receiving
jurisdiction, or the details of any other sentences being served concurrently by
the offender.
Schedule 1 – registration of interstate
sentences – required details in the local register
Schedule
1 establishes the details of the offender and interstate sentence that are the
required details to be entered in the local register, to effect registration of
an interstate sentence.