Victorian Numbered Acts

COMMUNITY BASED SENTENCES (TRANSFER) ACT 2012 (NO. 59 OF 2012) - SECT 13

    (1)     The local authority must consider the request if the request—

        (a)     is in writing; and

        (b)     states 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)     is accompanied by the documents mentioned in subsection (2).

    (2)     The documents to accompany the request are as follows—

        (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 Victoria;

        (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 held by the interstate jurisdiction 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 Victoria—

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

              (ii)     a breach of the sentence may result in the offender being resentenced in Victoria for the offence; and

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

              (i)     any other document 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 the request, the local authority may take into account any other information or other documents given to the local authority by the interstate authority.