South Australian Numbered Acts

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COMMUNITY BASED SENTENCES (INTERSTATE TRANSFER) ACT 2015 (NO 45 OF 2015) - SECT 20

20—Effect of interstate registration

        (1)         If a local sentence is registered in an interstate jurisdiction pursuant to a request made under section 18

, the following provisions have effect:

            (a)         the sentence becomes a community based sentence in force in the interstate jurisdiction in accordance with the corresponding law of the interstate jurisdiction, and ceases to be a community based sentence in force in this jurisdiction;

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

            (c)         if the sentence is registered in the local register—the sentence ceases to be so registered;

            (d)         proceedings against the offender may not be commenced or continued under the law of this jurisdiction in relation to any breach of the conditions attached to the sentence that occurred before it was registered in the interstate jurisdiction.

        (2)         If this jurisdiction is the originating jurisdiction for a local sentence registered in an interstate jurisdiction under this Part, this section does not affect any right of appeal or review (however described) in relation to—

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

            (b)         the imposition of the sentence.

        (3)         If this jurisdiction is the originating jurisdiction for the local sentence registered in an interstate jurisdiction under this Part, this section does not affect the 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),

and, to that extent, the sentence remains a sentence in force in this jurisdiction and may be enforced accordingly.

        (4)         For the avoidance of doubt, this section does not prevent the local sentence from later being registered in this jurisdiction.



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