Queensland Consolidated Acts

COMMUNITY BASED SENTENCES (INTERSTATE TRANSFER) ACT 2020 - SECT 10

10 Form of request for registration

(1) The local authority must consider the request if the request—

(a) is in writing; and

(b) states the following particulars—

(i) the offender’s name;

(ii) the offender’s date of birth;

(iii) the offender’s last known address;

(iv) the other particulars required by the local authority; and

(c) is accompanied by the documents mentioned in subsection (2) .

(2) The documents to accompany the request are—

(a) a copy of the interstate sentence certified by the interstate authority; and

(b) a copy of the offender’s consent for the registration of the interstate sentence in Queensland; and

(c) a copy of all relevant pre-sentence reports about the offender held by the interstate jurisdiction for each offence committed by the offender for which the offender is subject to an interstate sentence; and

(d) a copy of all relevant psychological or other assessments of the offender held by the interstate authority; and

(e) a document of the details held by the interstate authority of—

(i) the offender’s criminal record, whether in or outside Australia; and

(ii) the offender’s compliance with the interstate sentence and any other non-custodial sentence; and

(f) a statement by the interstate authority explaining which part of the interstate sentence has been served in the interstate jurisdiction, or any other interstate jurisdiction, before the request was made; and

(g) a statement by the interstate authority that the authority has explained to the offender, in language likely to be readily understood by the offender, that, if the interstate sentence is registered in Queensland—

(i) the offender will be bound by the requirements of the law of Queensland relating to the sentence; and

(ii) a breach of the sentence may result in the offender being resentenced in Queensland for the offence; and

(iii) the other consequences for a breach of the sentence in Queensland may be different from the consequences for a breach of the sentence in the interstate jurisdiction, and, in particular, the penalties for breach of the sentence may be different; and

(h) a statement by the interstate authority setting out the reasons given by the offender for requesting to register the interstate sentence in Queensland; and

(i) any other documents required by the local authority.

(3) For subsection (2) (c) , an offender is subject to an interstate sentence if the sentence has not been fully served or has not been discharged.

(4) In considering the request, the local authority may consider any other information or other documents given to the local authority by the interstate authority.