South Australian Numbered Acts

COMMUNITY BASED SENTENCES (INTERSTATE TRANSFER) ACT 2015 (NO 45 OF 2015) - SECT 12

12—Registration criteria

        (1)         The "registration criteria" are that—

            (a)         the offender has consented to the interstate sentence being registered in this jurisdiction and has not withdrawn that consent; and

            (b)         there is a corresponding community based sentence under the law of this jurisdiction; and

            (c)         the offender is capable of complying with the sentence in this jurisdiction; and

            (d)         the sentence is capable of being safely, efficiently and effectively administered in this jurisdiction.

        (2)         In this section, there is a "corresponding community based sentence under the law of this jurisdiction for the interstate sentence if—

            (a)         a community based sentence under the law of this jurisdiction corresponds, or substantially corresponds, to the interstate sentence; or

            (b)         a community based sentence under the law of this jurisdiction is declared by the regulations to correspond to the interstate sentence, whether or not the sentence corresponds, or substantially corresponds, to the interstate sentence.

        (3)         For the purposes of subsection (2)(a)

, a community based sentence under a law of this jurisdiction corresponds, or substantially corresponds, to an interstate sentence if and only if the law of this jurisdiction provides that—

            (a)         a penalty of substantially the same nature as the penalty imposed by the interstate sentence can be imposed by the community based sentence; and

            (b)         conditions of substantially the same nature as the conditions to which the interstate sentence is subject can be imposed in relation to the community based sentence.