South Australian Numbered Acts

COMMUNITY BASED SENTENCES (INTERSTATE TRANSFER) ACT 2015 (NO 45 OF 2015) - SECT 17

17—Effect of registration generally

        (1)         If an interstate sentence is registered in this jurisdiction under this Part, the following provisions apply:

            (a)         the sentence becomes a community based sentence in force in this jurisdiction, and ceases to be a community based sentence in force in the interstate jurisdiction;

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

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

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

            (e)         the penalty for the relevant offence is taken to be the relevant 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 this jurisdiction;

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

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

            (h)         the law of this jurisdiction applies to the sentence and any breach of it with the changes (if any) prescribed by the regulations.

        (2)         Subsection (1)(d)

and (e)

do not apply if this jurisdiction 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 this jurisdiction, re-sentenced in relation to 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 this jurisdiction as if it were validly imposed or made on an appeal or review in this jurisdiction.

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

.

        (7)         This section does not apply to an interstate sentence to the extent to which—

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

            (b)         it requires the making of reparation (however described).

        (8)         In this section—

"appropriate court", of this jurisdiction, means—

            (a)         if the interstate sentence was imposed by a court of summary jurisdiction or by a court on appeal from a court of summary jurisdiction—the Magistrates Court; or

            (b)         in any other case—the Supreme Court.