Australian Capital Territory Numbered Acts

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CRIMES (SENTENCING) ACT 2005 (NO. 58 OF 2005) - SECT 18

Non-conviction orders—ancillary orders

    (1)     This section applies if the court makes a non-conviction order for an offender for an offence.

    (2)     The court may make any ancillary order that it could have made if it had convicted the offender of the offence.

    (3)     The offender has the same rights of appeal in relation to the making of the ancillary order as the offender would have had if the order had been made on the conviction of the offender for the offence.

    (4)     This section is subject to section 134 (Operation of ancillary and restitution orders).

    (5)     In this section:

"ancillary order" means an order or direction in relation to any of the following:

        (a)     restitution;

        (b)     compensation;

        (c)     costs;

        (d)     forfeiture;

        (e)     destruction;

        (f)     disqualification or loss or suspension of a licence or privilege.

Examples

1     a reparation order

2     the forfeiture of an offensive weapon under the Criminal Code, section 375 (2) (which relates to being found guilty of possessing an offensive weapon with intent to use it in relation to theft)

3     a driver licence disqualification order

Note     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).



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