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 408 (the old community service order ) directing the offender to perform unpaid work for a number of hours stated in the order; and
(c) the court does not make an order under the Crimes Act 1900 , section 403 (1) (a) for the offender for the offence; and
(d) if the old community service order was made before the commencement day—the order is, immediately before the commencement day, still in force.
Note A court may make a community service order under the Crimes Act 1900 , s 408 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 old community service order was made before the commencement day, then, on and after the commencement day—
(a) the old community service order (as in force immediately before the commencement day) is taken to be a good behaviour order under the Crimes (Sentencing) Act 2005 ; and
(b) the offender is taken to have signed an undertaking under the Crimes (Sentencing) Act 2005 , section 13 (2) for the order; and
(c) the good behaviour order is taken to include—
(i) a community service condition under the Crimes (Sentencing) Act 2005 requiring the offender to do the same number of hours of work, on the same terms, as the old community service order (as in force immediately before the commencement day); and
(ii) any other conditions included in the old community service order (as in force immediately before the commencement day); and
(d) the number of hours of community service work required to be done by the offender under the good behaviour order is the number of hours remaining to be performed under the old community service order, as worked out immediately before the commencement day; and
(e) the term of the good behaviour order ends at the same time as the term of the old community service order (as in force immediately before the commencement day), unless the term is amended under this Act; and
(f) the core conditions under section 86 (1) (c), (d) and (e) (Good behaviour—core conditions) apply to the good behaviour order; and
(g) the core conditions under section 86 (1) (a), (b), (f), (g) and (h) do not apply to the good behaviour order.
(3) However, if the old community service order was made before the commencement day, and, on the commencement day, a sentence administration proceeding had started (but not ended) in relation to the order, 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 continues in force, subject to the Crimes Act 1900 , under that Act until the proceeding ends; and
(d) subsection (2) (a) to (f) applies to the order (as amended, if at all) from immediately after the time the proceeding ends, unless the order ceases to be in force because of the proceeding.
(4) If the old community service order is made on or after the commencement day—
(a) the old community service order is, from immediately after the time it is made, taken to be a good behaviour order under the Crimes (Sentencing) Act 2005 ; and
(b) the offender is taken, from immediately after the time the old community service order is made, to have signed an undertaking under the Crimes (Sentencing) Act 2005 , section 13 (2) for the order; and
(c) the good behaviour order is taken to include—
(i) a community service condition under the Crimes (Sentencing) Act 2005 requiring the offender to do the same number of hours of work, on the same terms, as the old community service order (as in force immediately before the commencement day); and
(ii) any other conditions included in the old community service order (as in force immediately before the commencement day); and
(d) the number of hours of community service work required to be done by the offender under the good behaviour order is the number of hours remaining to be performed under the old community service order, as worked out immediately before the commencement day; and
(e) the core conditions under section 86 (1) (c), (d) and (e) (Good behaviour—core conditions) apply to the good behaviour order; and
(f) the core conditions under section 86 (1) (a), (b), (f), (g) and (h) do not apply to the good behaviour order.
(5) To remove any doubt, a court may do either of the following in relation to a good behaviour order mentioned in subsection (2) or (4) as if the offender had signed an undertaking under the Crimes (Sentencing) Act 2005 , section 13 (2) for the order, subject to this Act:
(a) amend the order;
(b) cancel or discharge the order.