Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) This section applies if an offender is convicted or found guilty of an offence.
Note If a good behaviour order is made without convicting the offender (see s 17), it is also a non-conviction order (see s 17 (2)).
(2) The court may make an order (a good behaviour order ) requiring the offender to sign an undertaking to comply with the offender's good behaviour obligations under the Crimes (Sentence Administration) Act 2005 for a stated period.
(3) A good behaviour order may include any or all of the following conditions:
(a) that the offender give security for a stated amount, with or without sureties, for compliance with the order;
(b) a community service condition;
Note A community service condition must not be included in the order unless the offender is convicted of the offence (see s 87).
(c) a rehabilitation program condition;
Note A good behaviour order that includes a rehabilitation program condition must also include a probation condition (see s 95).
(d) a probation condition;
(e) that the offender comply with a reparation order;
(f) a condition prescribed by regulation for this paragraph;
(g) any other condition, not inconsistent with this Act or the Crimes (Sentence Administration) Act 2005 , that the court considers appropriate.
Examples of conditions for par (g)
1 that the offender undertake medical treatment and supervision (eg by taking medication and cooperating with medical assessments)
2 that the offender supply samples of blood, breath, hair, saliva or urine for alcohol or drug testing if required by a corrections officer
3 that the offender attend educational, vocational, psychological, psychiatric or other programs or counselling
4 that the offender not drive a motor vehicle or consume alcohol or non-prescription drugs or medications
5 that the offender regularly attend alcohol or drug management programs
Note 1 A court may also issue assessment orders and treatment orders under the Drugs of Dependence Act 1989 , pt 9 providing for the participation of offenders in drug treatment programs.
Note 2 An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(4) If the offence is punishable by imprisonment, a good behaviour order—
(a) may be made instead of imposing a sentence of imprisonment or as part of a combination sentence that includes imprisonment; and
(b) may apply to all or part of the term of the sentence.
(5) Subsection (4) does not, by implication, limit the sentences that a court may impose under this Act or another territory law.
(6) If the good behaviour order includes a community service condition, it is a community service order.
(7) If the good behaviour order includes a rehabilitation program condition, it is a rehabilitation program order.
(8) This section is subject to section 13 (Good behaviour orders) and chapter 6 (Good behaviour orders).