Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) This section applies if—
(a) an offender is charged with an offence before the commencement day (whether the proceeding for the offence starts or ends before, on or after the commencement day); and
(b) a court makes an order under the Crimes Act 1900 , section 402 (1) (the s 402 (1) order ) for the conditional release of the offender, without proceeding to conviction, and requiring the offender to enter into a recognisance; and
(c) if the s 402 (1) order was made before the commencement day—the order is, immediately before the commencement day, still in force.
Note A court may make an order under the Crimes Act 1900 , s 402 (1) for the offender in a proceeding that starts or ends before, on or after the commencement day if the offender was charged with the offence before the commencement day (see Crimes (Sentencing) Act 2005 , s 140 (2) (Application of Act—charges after commencement)).
(2) If the s 402 (1) order was made before the commencement day, and the offender has, before the commencement day, entered into a recognisance as required by the order, then, on and after the commencement day—
(a) the s 402 (1) order (as in force immediately before the commencement day) is taken to be a non-conviction order under the Crimes (Sentencing) Act 2005 that is a good behaviour order under that Act; and
(b) the recognisance is taken to be an undertaking signed under the Crimes (Sentencing) Act 2005 , section 13 (2) for the order; and
(c) the good behaviour order is taken to—
(i) include any conditions included in the s 402 (1) order or the recognisance (as in force immediately before the commencement day); and
(ii) require the giving of any security, with or without sureties, that is required by the s 402 (1) order; and
(d) the term of the good behaviour order ends at the same time as the term of the s 402 (1) order (as in force immediately before the commencement day), unless the term is amended under this Act; and
(e) the core conditions under section 86 (Good behaviour—core conditions) do not apply to the good behaviour order.
(3) If the s 402 (1) order was made before the commencement day, and, after the commencement day, the offender enters into a recognisance as required by the order—
(a) the s 402 (1) order is, from immediately after the time the recognisance is entered into, taken to be a non-conviction order under the Crimes (Sentencing) Act 2005 that is a good behaviour order under that Act; and
(b) the recognisance is, from immediately after the time it is entered into, taken to be an undertaking signed under the Crimes (Sentencing) Act 2005 , section 13 (2) for the order; and
(c) the good behaviour order is taken to—
(i) include any conditions included in the s 402 (1) order or the recognisance; and
(ii) require the giving of any security, with or without sureties, that is required by the s 402 (1) order; and
(d) the term of the good behaviour order ends at the same time as the term of the s 402 (1) order, unless the term is amended under this Act; and
(e) the core conditions under section 86 (Good behaviour—core conditions) apply to the good behaviour order.
(4) If the s 402 (1) order was made before the commencement day, and the offender fails to enter into a recognisance in accordance with the order after the commencement day, the Crimes (Sentencing) Act 2005 , section 105 (Good behaviour—consequences of failure to sign undertaking) applies to the offender as if the offender had failed to sign an undertaking under that Act, section 13 (2) for the order.
(5) If the s 402 (1) order was made, or the recognisance was entered into, before the commencement day, and, on the commencement day, a sentence administration proceeding had started (but not ended) in relation to the order or recognisance, then, on and after the commencement day—
(a) the proceeding may be continued under the Crimes Act 1900 ; and
(b) the Crimes Act 1900 applies to the proceeding as if this Act and the consequential amendments Act had not been enacted; and
Note The consequential amendments Act repeals the relevant provisions of the Crimes Act 1900 .
(c) the order and the recognisance (if any) entered into under the order continue in force, subject to the Crimes Act 1900 , under that Act until the proceeding ends; and
(d) subsection (2) (a) to (e) applies to the order or recognisance (as amended, if at all) from immediately after the time the proceeding ends, unless the order or recognisance ceases to be in force because of the proceeding.
(6) If the s 402 (1) order is made on or after the commencement day, and the offender enters into a recognisance as required by the order—
(a) the s 402 (1) order is, from immediately after the time the recognisance is entered into, taken to be a non-conviction order under the Crimes (Sentencing) Act 2005 that is a good behaviour order under that Act; and
(b) the recognisance is, from immediately after the time it is entered into, taken to be an undertaking signed under the Crimes (Sentencing) Act 2005 , section 13 (2) for the order; and
(c) the good behaviour order is taken to—
(i) include any conditions included in the s 402 (1) order or the recognisance; and
(ii) require the giving of any security, with or without sureties, that is required by the s 402 (1) order; and
(d) the term of the good behaviour order ends at the same time as the term of the s 402 (1) order, unless the term is amended under this Act; and
(e) the core conditions under section 86 (Good behaviour—core conditions) apply to the good behaviour order.
(7) If the s 402 (1) order is made on or after the commencement day, and the offender fails to enter into a recognisance in accordance with the order, the Crimes (Sentencing) Act 2005 , section 105 (Good behaviour—consequences of failure to sign undertaking) applies to the offender as if the offender had failed to sign an undertaking under that Act, section 13 (2) for the order.
(8) To remove any doubt, this Act applies in relation to a good behaviour order mentioned in subsection (2), (3) or (6) as if the offender had signed an undertaking under the Crimes (Sentencing) Act 2005 , section 13 (2) for the order.