Queensland Consolidated Acts

COMMUNITY BASED SENTENCES (INTERSTATE TRANSFER) ACT 2020 - SECT 18

18 Effect of registration

(1) If the interstate sentence is registered in Queensland, the following provisions apply—

(a) the sentence becomes a local sentence and ceases to be an interstate sentence;

(b) the sentence is taken to have been validly imposed by a court of Queensland with appropriate jurisdiction;

(c) the sentence continues to apply to the offender in accordance with its terms despite anything to the contrary under the law of Queensland;

(d) the offence (the
"relevant offence" ) for which the sentence was imposed is taken to be an offence against the law of Queensland and not an offence against the law of the originating jurisdiction;

(e) the penalty for the relevant offence is taken to be the penalty for the offence under the law of the originating jurisdiction and not the penalty for an offence of that kind, if any, under the law of Queensland;

(f) any part of the sentence served in an interstate jurisdiction before its registration is taken to have been served in Queensland;

(g) the offender may be dealt with in Queensland for a breach of the sentence, whether the breach happened before, or happens after, the registration of the sentence;

(h) the law of Queensland applies to the sentence, and any breach of it, with the changes, if any, prescribed by regulation.

(2) Subsection (1) (d) and (e) do not apply if Queensland is the originating jurisdiction.

(3) Subsection (1) (e) applies only for the purpose of determining the penalty to be imposed for the relevant offence in circumstances in which the offender is, under the law of Queensland, resentenced for that offence.

(4) This section does not affect any right, in the originating jurisdiction, of appeal or review, however described, in relation to—

(a) the conviction or finding of guilt on which the interstate sentence was based; or

(b) the imposition of the interstate sentence.

(5) Any sentence or decision imposed or made on an appeal or review mentioned in subsection (4) has effect in Queensland as if it were validly imposed or made on an appeal or review in Queensland other than to the extent the sentence or decision—

(a) imposes a fine or other financial penalty, however described; or

(b) requires the making of reparation, however described; or

(c) imposes a period of detention or imprisonment.

(6) This section does not give any right to the offender to an appeal or review, however described, in Queensland in relation to the conviction, finding of guilt or imposition of sentence mentioned in subsection (4) .