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Crimes (Interstate Transfer of Community Based Sentences) Regulation 2004

[2004-759]


NSW Crest


Status Information

Currency of version
Current version for 26 November 2004 to date (accessed 24 November 2009 at 11:28).
Legislation on this site is usually updated within 3 working days after a change to the legislation.

Provisions in force
The provisions displayed in this version of the legislation have all commenced. See Historical notes

Staged repeal status
This legislation is currently due to be automatically repealed under the Subordinate Legislation Act 1989 on 1 September 2010

Authorisation: This version of the legislation is compiled and maintained in a database of legislation by the Parliamentary Counsel's Office and published on the NSW legislation website, and is certified as the form of that legislation that is correct under section 45C of the Interpretation Act 1987.

File last modified 29 November 2004.


NSW Crest


Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Crimes (Interstate Transfer of Community Based Sentences) Act 2004.

JOHN HATZISTERGOS, M.L.C.,

Minister for Justice

Explanatory note

The Crimes (Interstate Transfer of Community Based Sentences) Act 2004 has been enacted to allow community based sentences imposed in participating jurisdictions to be transferred, by registration, between participating jurisdictions.

The objects of this Regulation are:

(a)  to prescribe the Australian Capital Territory as a participating jurisdiction for the purposes of that Act, and
(b)  to set out the required details that are to be entered in the local register for the registration of an interstate community based sentence in New South Wales.

This Regulation is made under the Crimes (Interstate Transfer of Community Based Sentences) Act 2004, including sections 8 (3), 22 (3) and 31 (the general regulation-making power).

This Regulation comprises or relates to matters of a machinery nature.

1   Name of Regulation

This Regulation is the Crimes (Interstate Transfer of Community Based Sentences) Regulation 2004.

2   Commencement

This Regulation commences on 29 November 2004.

3   Definition

In this Regulation:

the Act means the Crimes (Interstate Transfer of Community Based Sentences) Act 2004.

4   ACT is a participating jurisdiction

The Australian Capital Territory is declared to be a participating jurisdiction for the purposes of the Act.

5   Registration of interstate sentences—required details

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

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

(Clause 5)

1   Offender details

The following details regarding the offender:
(a)  names (given and surname),
(b)  aliases (if any),
(c)  date of birth.

2   Sentence details

The following details regarding the offender’s sentence:
(a)  name or kind of interstate sentence,
(b)  name or kind of corresponding sentence in New South Wales,
(c)  length of sentence,
(d)  start date,
(e)  date when offender first reported for interstate sentence in participating jurisdiction,
(f)  end date,
(g)  remaining period of sentence to be served in New South Wales,
(h)  sentence history including appeals and registrations in other participating jurisdictions.

Historical notes

The following abbreviations are used in the Historical notes:

Am

amended

LW

legislation website

Sch

Schedule

Cl

clause

No

number

Schs

Schedules

Cll

clauses

p

page

Sec

section

Div

Division

pp

pages

Secs

sections

Divs

Divisions

Reg

Regulation

Subdiv

Subdivision

GG

Government Gazette

Regs

Regulations

Subdivs

Subdivisions

Ins

inserted

Rep

repealed

Subst

substituted

Table of amending instruments

Crimes (Interstate Transfer of Community Based Sentences) Regulation 2004 published in Gazette No 187 of 26.11.2004, p 8556.

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