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Legislative Assembly for the ACT: 2002 Week 14 Hansard (12 December) . . Page.. 4376..


MR QUINLAN (continuing):

about before accepting the transfer. These include matters such as whether the offender's sentence can be safely, efficiently and effectively administered and supervised in the new jurisdiction. This consideration will take into account issues of safety of the community and of individuals, including victims, where relevant and known.

The legislation seeks to ensure that the offender is told of the consequences of transferring their order. The primary consequences will be that the offender will be treated by the new jurisdiction in the same way as if they had received the sentence in the new jurisdiction, for purposes of administration of their order. This remains the case if the offender does not comply with the conditions of their order. In this case, the offender will be brought before a court of the new jurisdiction and resentenced.

The court may, however, refer to the penalty range and type that the offender would have been subject to in the original jurisdiction had they not transferred their order. This is to ensure that offenders cannot seek to avoid obligations by transferring to jurisdictions in which the penalties for breach may be more lenient than in the original sentencing jurisdiction.

The exemption to the offender being treated in the new jurisdiction as though the sentence was handed down in the new jurisdiction is with regard to any appeal for review. The rights of offenders who have transferred their order under this legislation to seek an appeal on their conviction or the sentence relating to that conviction will be retained in the bill, such that offenders seeking an appeal or review will do so in the original jurisdiction. In the event that such an appeal is successful, the revised sentence and/or conviction will be communicated to the authority of the new jurisdiction to ensure that all records maintained are correct, and that the offender is supervised and administered accordingly.

The government believes that this bill is pivotal legislation that highlights the ACT's robust contribution to the corrective services framework nationally and assists in framing a cohesive national approach to corrective services provision and enforcement. The government encourages early passage of the bill to ensure prompt and efficient implementation of the scheme.

Mr Speaker, I commend the bill to the Assembly.

Debate (on motion by Mr Smyth ) adjourned to the next sitting.

Cemeteries and Crematoria Bill 2002 (No 2)

Mr Quinlan , on behalf of Mr Wood , presented the bill and its explanatory statement.

Title read by Clerk.

MR QUINLAN (Treasurer, Minister for Economic Development, Business and Tourism, Minister for Sport, Racing and Gaming, and Minister for Police, Emergency Services and Corrections) (11.16): I move

That this bill be agreed to in principle.


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