South Australian Numbered Acts

COMMUNITY BASED SENTENCES (INTERSTATE TRANSFER) ACT 2015 (NO 45 OF 2015) - SECT 9

9—Form of request for registration

        (1)         A request under section 8

must—

            (a)         be in writing; and

            (b)         state the following particulars:

                  (i)         the offender’s name;

                  (ii)         the offender’s date of birth;

                  (iii)         the offender’s last-known address;

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

            (c)         be accompanied by the documents referred to in subsection (2)

.

        (2)         For the purposes of subsection (1)(c)

, the following documents must accompany a request:

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

            (b)         a copy of the offender’s consent for the registration of the sentence in this jurisdiction;

            (c)         a copy of any relevant pre-sentence report about the offender held by the interstate jurisdiction in relation to any offence committed by the offender for which the offender is subject to a sentence;

            (d)         a copy of any relevant psychological or other assessment of the offender held by the interstate authority;

            (e)         details 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 relevant non-custodial sentence;

            (f)         a statement by the interstate authority explaining what part of the sentence has been served in the interstate jurisdiction or any other interstate jurisdiction before the making of the request;

            (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 sentence is registered in this jurisdiction—

                  (i)         the offender will be bound by the requirements of the law of this jurisdiction in relation to the sentence; and

                  (ii)         a breach of the sentence may result in the offender being re-sentenced in this jurisdiction for the offence; and

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

            (h)         a statement by the interstate authority that sets out the reasons given by the offender for requesting to register the interstate sentence in this jurisdiction;

                  (i)         any other document reasonably required by the local authority.

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

, the offender is subject to a sentence if the sentence has not been fully served and has not been discharged.

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