Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) In this section:
"the court" means the court that made the relevant treatment order in relation to an offender referred to in this section.
(2) An offender who, without reasonable excuse, refuses or fails—
(a) to comply with a treatment order; or
(b) to inform the person in charge of the approved treatment centre attended by the offender under a treatment order of any change in the offender's address; or
(c) to appear before a panel called under section 142, 143 or 144 as required by a notice issued in accordance with section 146 (1); or
(d) if, under section 145 (3), a panel called under section 142, 143 or 144 requires the offender to attend an approved treatment centre for assessment—to appear at the centre in accordance with the notice given under section 145 (4);
commits an offence and shall be dealt with in accordance with this section.
(3) If information is laid before the court that an offender has committed an offence against subsection (2), the court may—
(a) issue a summons requiring the offender to appear, at a time and date to be fixed, before the court and to show cause why the offender should not be dealt with by the court under this section; or
(b) if the information is laid on oath—issue a warrant for the arrest of the person to be brought before the court to be dealt with under this section.
(4) If the offender fails to appear before a court in answer to a summons issued in accordance with subsection (3), the court shall adjourn the proceedings and may issue a warrant for the apprehension of the offender and for the offender to be brought before that court.
(5) The court may, with the consent of an offender who appears or is brought before a court under this section, make an order that the offender submit himself or herself for assessment by a panel.
(6) If a court makes an order under subsection (5) in relation to an offender, the proper officer of the court shall give a copy of the order to the director.
(7) If an offender appears or is brought before a court under this section, and the court is satisfied that the offender has committed an offence against subsection (2), the court may make an order—
(a) in accordance with the recommendation of a panel, if the offender and the person in charge of the relevant approved treatment centre consent—
(i) extending the period during which the relevant treatment order is to remain in force, or otherwise varying the conditions of that order; or
(ii) revoking the order referred to in subsection (1); or
(b) imposing on the offender any penalty that the court would, if the offender had then been convicted of the original offence committed by the offender, then have been empowered to impose; or
(c) that any security under any good behaviour order in relation to the original offence committed by the offender be forfeited.
(8) If—
(a) an offender appears or is brought before a court under this section; and
(b) the court is satisfied that the offender has committed an offence against subsection (2), but is of the opinion that an order should not be made under subsection (7);
the court may decline to make such an order and instead admonish the offender in relation to that offence.
(9) In making an order under subsection (7), or in declining under subsection (8) to make such an order, a court shall have regard to—
(a) the length of the period of compliance with the relevant treatment order; and
(b) any other orders made in relation to the original offence committed by the offender.