Community Based Sentences (Transfer) Regulation 2004 (ACT)

Community Based Sentences (Transfer) Regulation 2004 (repealed)   

SL2004-51

made under the

Community Based Sentences (Transfer) Act 2003

Republication No 2

Effective:  2 June 2006

Republication date: 2 June 2006

As repealed by A2006-23 s 6 (2)

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication

The republished law

This is a republication of the Community Based Sentences (Transfer) Regulation 2004 (repealed), made under the Community Based Sentences (Transfer) Act 2003, including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes).It also includes any commencement, amendment, repeal or expiry affecting the republished law to 2 June 2006. 

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

authorised republications to which the Legislation Act 2001 applies

unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication includes amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.

Penalties

The value of a penalty unit for an offence against this republished law at the republication date is—

(a)if the person charged is an individual—$100; or

(b)if the person charged is a corporation—$500.

Community Based Sentences (Transfer) Regulation 2004 (repealed)

made under the

Community Based Sentences (Transfer) Act 2003

Contents

Page

1. Name of regulation  2

2. Dictionary  2

3. Notes  2

4. Participating jurisdiction—Act, s 8 (3)  2

5. Registration of interstate sentences, required details—Act, s 22            2

Schedule 1Registration of interstate sentences—required details in local register     3

Dictionary4

Endnotes

1. About the endnotes  5

2. Abbreviation key  5

3. Legislation history  6

4. Amendment history  6

5. Earlier republications  6

Community Based Sentences (Transfer) Regulation 2004 (repealed)

made under the

Community Based Sentences (Transfer) Act 2003

1. Name of regulation

   This regulation is the Community Based Sentences (Transfer) Regulation 2004.

2. Dictionary

   The dictionary at the end of this regulation is part of this regulation.

   Note 1The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references (signpost definitions) to other terms defined elsewhere in this regulation.

   For example, the signpost definition ‘required details—see the Act, section 22.’ means that the term ‘required details’ is defined in that section and the definition applies to this regulation.

   Note 2A definition in the dictionary (including a signpost definition) applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

3. Notes

   A note included in this regulation is explanatory and is not part of this regulation.

   NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

4. Participating jurisdiction—Act, s 8 (3)

   New South Wales is a participating jurisdiction.

5. Registration of interstate sentences, required details—Act, s 22

   Schedule 1 sets out the required details to be entered in the local register for the registration of an interstate sentence.

Schedule 1Registration of interstate sentences—required details in local register

(see s 6)

column 1

item

column 2

required details

1

Offender details—

·    names (given and surname)

·    aliases (if any)

·    date of birth

2

Sentence details—

·    name or kind of interstate sentence

·    name or kind of corresponding sentence in ACT

·    length of sentence

·    start date

·    date when offender first reported for interstate sentence in participating jurisdiction

·    end date

·    remaining period of sentence to be served in the ACT

·    sentence history including appeals and registrations in other participating jurisdictions

Dictionary

(see s 3)

Note 1The Legislation Act contains definitions and other provisions relevant to this regulation.

Note 2For example, the Legislation Act, dict, pt 1, defines the following term:

·     ACT.

Note 3Terms used in this regulation have the same meaning that they have in the Community Based Sentences (Transfer) Act 2003 (see Legislation Act, s 148). For example, the following terms are defined in the Community Based Sentences (Transfer) Act 2003, dict:

·     sentence

·     serve.

participating jurisdiction—see the Act, section 8 (3).

required details—see the Act, section 22.

Endnotes

1. About the endnotes

   Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.

   Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

   Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.

   If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. 

   The endnotes also include a table of earlier republications.

2. Abbreviation key

am = amended	ord = ordinance
amdt = amendment	orig = original
ch = chapter	par = paragraph/subparagraph
def = definition	pres = present
dict = dictionary	prev = previous
disallowed = disallowed by the Legislative	(prev...) = previously
Assembly	pt = part
div = division	r = rule/subrule
exp = expires/expired	renum = renumbered
Gaz = gazette	reloc = relocated
hdg = heading	R[X] = Republication No
IA = Interpretation Act 1967	RI = reissue
ins = inserted/added	s = section/subsection
LA = Legislation Act 2001	sch = schedule
LR = legislation register	sdiv = subdivision
LRA = Legislation (Republication) Act 1996	sub = substituted
mod = modified/modification	SL = Subordinate Law
o = order	underlining = whole or part not commenced
om = omitted/repealed	or to be expired

1. Legislation history

   Community Based Sentences (Transfer) Regulation 2004 SL2004-51

   notified LR 2 November 2004
   s 1, s 2 commenced 2 November 2004 (LA s 75 (1))

   remainder commenced 3 November 2004 (s 2)

   as repealed by

   Sentencing Legislation Amendment Act 2006 A2006-23 s 6 (2)

   notified LR 18 May 2006
   s 1, s 2 commenced 18 May 2006 (LA s 75 (1))
   s 6 (2) commenced 2 June 2006 (s 2 (1) and see Crimes (Sentence Administration) Act 2005 A2005-59 s 2, Crimes (Sentencing) Act 2005 A2005-58, s 2 and LA s 79)

2. Amendment history

   Commencement

   s 2om LA s 89 (4)

3. Earlier republications

   Some earlier republications were not numbered. The number in column 1 refers to the publication order. 

   Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical.

Republication No and date	Effective	Last amendment made by	Republication for
R1 3 Nov 2004	3 Nov 2004– 1 June 2006	not amended	new regulation