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CRIMES (ADMINISTRATION OF SENTENCES) ACT 1999 - SECT 107C
Breach of community correction order
(1) If it suspects that an
offender may have failed to comply with any of the conditions of a community
correction order-- (a) the court that made the order, or
(b) any other court
of like jurisdiction, or
(c) with the offender's consent, any other court of
superior jurisdiction,
may call on the offender to appear before it.
(2) If
the offender fails to appear, the court may-- (a) issue a warrant for the
offender's arrest, or
(b) authorise an authorised officer to issue a warrant
for the offender's arrest.
(3) If, however, at the time the court proposes to
call on an offender to appear before it, the court is satisfied that the
location of the offender is unknown, the court may immediately-- (a) issue a
warrant for the offender's arrest, or
(b) authorise an authorised officer to
issue a warrant for the offender's arrest.
(4) For the purposes of subsection
(1) (c), a court is of superior jurisdiction to the court that made the
community correction order if it is a court to which the offender has (or has
had) a right of appeal in respect of the conviction or sentence from which the
order arises.
(5) If it is satisfied that an offender appearing before it has
failed to comply with any of the conditions of a community correction order, a
court-- (a) may decide to take no action in respect of the failure to comply,
or
(b) may vary or revoke any conditions of the order (other than standard
conditions) or impose further conditions on the order, or
(c) may revoke the
order.
(6) To avoid doubt, the court that made an order may deal with a
breach of a community correction order even though the court is constituted
differently from the court as constituted at the time the order was made.
(6A) A court may exercise any function under this section in relation to a
community correction order after the order has expired, but only in respect of
matters arising during the term of the order.
(7) In this section--
"authorised officer" has the same meaning as it has in the Criminal Procedure
Act 1986 .
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