Sentence Administration (Interstate Transfer of Community Based Sentences) Regulations 2011 (WA)

Western Australia

Sentence Administration (Interstate Transfer of Community Based Sentences) Act 2009

Sentence Administration (Interstate Transfer of Community Based Sentences) Regulations 2011

Western Australia

Sentence Administration (Interstate Transfer of Community Based Sentences) Regulations 2011 Contents1. Citation 12 — Commencement3. Term used: Act 14. Participating jurisdictions (Act s. 8(3)) 15. Registered interstate sentences — required details (Act s. 22) 2NotesCompilation table 4Defined terms Sentence Administration (Interstate Transfer of Community Based Sentences) Act 2009

Sentence Administration (Interstate Transfer of Community Based Sentences) Act 2009

Sentence Administration (Interstate Transfer of Community Based Sentences) Regulations 2011

1.Citation

These regulations are the Sentence Administration (Interstate Transfer of Community Based Sentences) Regulations 2011.

2.Commencement

These regulations come into operation on the day on which the Sentence Administration (Interstate Transfer of Community Based Sentences) Act 2009 section 31 comes into operation.

3.Term used: Act

In these regulations, unless the contrary intention appears —

Act means the Sentence Administration (Interstate Transfer of Community Based Sentences) Act 2009.

4.Participating jurisdictions (Act s. 8(3))

For the purposes of section 8(3) of the Act, these jurisdictions are declared to be participating jurisdictions —

• (a)

  New South Wales;

• (b)

  the Australian Capital Territory;

• (c)

  Tasmania;

• (d)

  Victoria;

• (e)

  Queensland;

• (f)

  South Australia.

[Regulation 4 amended: Gazette 2 Dec 2016 p. 5384; SL 2021/182 r. 4.]

5.Registered interstate sentences

For the purposes of section 22 of the Act, these are prescribed to be the required details of an interstate sentence —

• (a)

  the following details of the offender —

  • (i)

    his or her names (given and surname);

  • (ii)

    his or her aliases (if any);

  • (iii)

    his or her date of birth;

  • (iv)

    his or her criminal convictions for offences under the law of this State, the Commonwealth, another State or a Territory;

• (b)

  the following details of the interstate sentence —

  • (i)

    the name or kind of the sentence;

  • (ii)

    the name or kind of the corresponding community based sentence under the law of this jurisdiction;

  • (iii)

    the length of the sentence (including, if the sentence consists of more than one part, the length of each part of the sentence);

  • (iv)

    the start date of the sentence;

  • (v)

    the date when the offender first reported for the sentence in the participating jurisdiction;

  • (vi)

    the remaining period of the sentence to be served in Western Australia;

  • (vii)

    any condition to which the sentence is subject;

  • (viii)

    details of any appeal against the sentence;

  • (ix)

    details of any previous registration of the sentence in another participating jurisdiction;

  • (x)

    the prosecution notice or indictment in relation to each offence for which the sentence was imposed;

  • (xi)

    the written statement of material facts of the charge for each offence for which the sentence was imposed;

  • (xii)

    any sentencing remarks made by the Court when imposing the sentence.

Notes

This is a compilation of the Sentence Administration (Interstate Transfer of Community Based Sentences) Regulations 2011 and includes amendments made by other written laws. For provisions that have come into operation see the compilation table.

Compilation table

Citation	Published	Commencement
Sentence Administration (Interstate Transfer of Community Based Sentences) Regulations 2011	23 Sep 2011 p. 3812‑14	1 Oct 2011 (see r. 2 and Gazette 23 Sep 2011 p. 3811)
Sentence Administration (Interstate Transfer of Community Based Sentences) Amendment Regulations 2016	2 Dec 2016 p. 5384	r. 1 and 2: 2 Dec 2016 (see r. 2(a)); Regulations other than r. 1 and 2: 3 Dec 2016 (see r. 2(b))
Sentence Administration (Interstate Transfer of Community Based Sentences) Amendment Regulations 2021	SL 2021/182 5 Nov 2021	r. 1 and 2: 5 Nov 2021 (see r. 2(a)); Regulations other than r. 1 and 2: 6 Nov 2021 (see r. 2(b))

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

Act...................................................................................................................................... 3