Community Based Sentences (Transfer) Regulations 2023 (Vic)

Version No. 001

Community Based Sentences (Transfer) Regulations 2023

S.R. No. 56/2023

Version as at

24 June 2023

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Revocations

5Definitions

6Participating jurisdictions

7Prescribed details for entries in local register

8Prescribed sentence

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Endnotes

1      General information

2      Table of Amendments

3      Explanatory details

Version No. 001

Community Based Sentences (Transfer) Regulations 2023

S.R. No. 56/2023

Version as at

24 June 2023

1Objective

The objective of these Regulations is to prescribe—

(a)jurisdictions that are participating jurisdictions for the purposes of the Community Based Sentences (Transfer) Act 2012; and

(b)details that the local authority must enter in the local register when registering an interstate sentence in Victoria; and

(c)sentences that are community based sentences.

2Authorising provision

These Regulations are made under section 28 of the Community Based Sentences (Transfer) Act 2012.

3Commencement

These Regulations come into operation on 24 June 2023.

4Revocations

The following Regulations are revoked—

(a)the Community Based Sentences (Transfer) Regulations 2013[1];

(b)the Community Based Sentences (Transfer) Amendment Regulations 2022[2].

5Definitions

In these Regulations—

drug and alcohol treatment order has the same meaning as in the Sentencing Act 1991;

the Actmeans the Community Based Sentences (Transfer) Act 2012.

6Participating jurisdictions

For the purposes of section 6(2) of the Act, the following jurisdictions are prescribed to be participating jurisdictions—

(a)the Australian Capital Territory;

(b)New South Wales;

(c)Tasmania;

(d)Western Australia;

(e)South Australia;

(f)Queensland;

(g)the Northern Territory.

7Prescribed details for entries in local register

For the purposes of section 19 of the Act, the prescribed details are—

(a)the following details regarding the offender—

(i)the offender's given names and surname;

(ii)the offender's aliases (if any);

(iii)the offender's date of birth; and

(b)the following details regarding the interstate sentence—

(i)the name of the type of sentence in the participating jurisdiction;

(ii)the name of the type of sentence that is the corresponding community based sentence under the law of Victoria;

(iii)the name of the court that imposed the sentence;

(iv)the length of the sentence (including the length of each part of the sentence);

(v)the date on which the sentence was imposed;

(vi)the date specified in the sentence as the date on which the sentence commences (if any);

(vii)the date on which the offender first reported for the sentence in the participating jurisdiction;

(viii)the period of the sentence that remains and is to be served in Victoria;

(ix)any condition to which the sentence is subject;

(x)details of any previous registration of the sentence in another participating jurisdiction.

8Prescribed sentence

For the purposes of section 5(a)(ii) of the Act, a drug and alcohol treatment order is a prescribed sentence.

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ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Community Based Sentences (Transfer) Regulations 2023, S.R. No. 56/2023 were made on 20 June 2023 by the Governor in Council under section 28 of the Community Based Sentences (Transfer) Act 2012, No. 59/2012 and came into operation on 24 June 2023: regulation 3.

The Community Based Sentences (Transfer) Regulations 2023 will sunset 10 years after the day of making on 20 June 2033 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule.  Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. 
See section 36(1A)(2A)(2B).

•     Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule.  Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule.  See section 36(3A).

•     Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule.  Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

•     Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001.  Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule.  See section 36(3)(3D)(3E).

2   Table of Amendments

There are no amendments made to the Community Based Sentences (Transfer) Regulations 2023 by statutory rules, subordinate instruments and Acts.

3   Explanatory details

[1] Reg. 4(a): S.R. No. 78/2013 as amended by S.R. No. 92/2022.

[2] Reg. 4(b): S.R. No. 92/2022.