Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) This section applies if—
(a) a court is satisfied an offender has breached any of the offender's good behaviour obligations; and
(b) section 110 (Cancellation of good behaviour order with suspended sentence order) does not apply to the offender's good behaviour order.
(2) The court may do 1 or more of the following:
(a) take no further action;
(b) give the offender a warning about the need to comply with the offender's good behaviour obligations;
(c) give the chief executive directions about the offender's supervision;
(d) amend the good behaviour order;
(e) if the offender has given security under the order—
(i) order payment of the security to be enforced; and
(ii) order the good behaviour order to be cancelled on payment of the security (if the term of the order has not already ended);
(f) cancel the order.
Examples for par (d)
impose or amend an additional condition of the order, or amend the term of the 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).
(3) If the court cancels the good behaviour order, the court must—
(a) if section 109 applies to the offender's good behaviour order—deal with the offender under that section; or
(b) in any other case—re-sentence the offender for the offence for which the good behaviour order was made (the relevant offence ).
(4) The Crimes (Sentencing) Act 2005 applies to the re-sentencing in the same way that it applies to the sentencing of an offender on a conviction for the relevant offence.
(5) The court's powers under this section are subject to section 113 (Good behaviour orders—limitations on amendment or discharge).
(6) To remove any doubt, an offender re-sentenced by a court under this section has the same right of appeal as the offender would have had if sentenced by the court on being convicted of the relevant offence.