Interstate Transfer (Community-based Sentences) Regulations 2022

Interstate Transfer (Community-based Sentences) Regulations 2022

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Interstate Transfer (Community-based Sentences) Act 2009 .

B. BAKER

Governor

By Her Excellency's Command,

ELISE ARCHER

Minister for Corrections and Rehabilitation

1.   Short title

These regulations may be cited as the Interstate Transfer (Community-based Sentences) Regulations 2022 .

2.   Commencement

These regulations take effect on 1 December 2022.

3.   Interpretation

In these regulations –

Act means the Interstate Transfer (Community-based Sentences) Act 2009 .

4.   Local authority prescribed

For the purposes of the definition of local authority in section 3(1) of the Act, the Director, Community Corrections is prescribed as a local authority.

5.   Participating jurisdictions

For the purposes of the definition of participating jurisdiction in section 3(1) of the Act, the following jurisdictions are declared to be participating jurisdictions:

(a) the Australian Capital Territory;

(b) New South Wales;

(c) the Northern Territory;

(d) Queensland;

(e) South Australia;

(f) Victoria;

(g) Western Australia.

6.   Details to be included in register

(1)  If the Registrar makes an entry in the register in respect of an offender, the following information about the offender is to be recorded in the entry:

(a) the offender’s given name and surname;

(b) the offender’s date of birth;

(c) all known aliases of the offender;

(d) the proposed residential address for the offender in Tasmania.

(2)  If the Registrar makes an entry in the register in respect of an offender, the following information about the sentence imposed in respect of the offender is to be recorded in the entry:

(a) the name and type of the sentence;

(b) the offence for which the sentence was imposed;

(c) the date on which the offence was committed by the offender;

(d) the name of the court that imposed the sentence on the offender;

(e) the date on which the sentence was imposed on the offender;

(f) the date on which the sentence commenced in respect of the offender, if that date is different from the date on which the sentence was imposed;

(g) the length of the sentence imposed on the offender, including the length of each part of the sentence;

(h) the period of the sentence that remains to be served, by the offender, in Tasmania;

(i) any conditions to which the sentence is subject;

(j) details of any previous registration of the sentence in an interstate jurisdiction other than the jurisdiction of the corresponding authority for the originating jurisdiction for the offence;

(k) the local matter number, or case number, used by the court in respect of the proceeding for the offence to which the sentence relates.

(3)  Nothing in subregulations (1) and (2) prevents the Registrar from recording further or additional information in the register.

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 30 November 2022

These regulations are administered in the Department of Justice.