(1A) An order under this section in respect
of a person who has pleaded guilty to, or been found guilty or convicted of,
an offence other than a graffiti offence may recommend that the
community service work to be performed by the person in respect of whom the
order is made should include--
(a) the removal of graffiti from buildings,
vehicles, vessels and places, and
(b) the restoration of the appearance of
buildings, vehicles, vessels and places consequent on the removal of graffiti
from them.
(1B) An order under this section may
recommend that the community service work to be performed by the person in
respect of whom the order is made should include participation in a personal
development, educational or other program.
(2) A court that is exercising the
functions of the Children's Court under Division 4 of Part 3 of the
Children (Criminal Proceedings) Act 1987 shall not exercise its powers under
this section otherwise than in accordance with the provisions of that
Division.
(3) A court, other than a court that is exercising the functions of
the Children's Court under Division 4 of Part 3 of the
Children (Criminal Proceedings) Act 1987 , shall not exercise its powers
under this section in relation to an offence if it has given or made, or
proposes to give or make, a direction or order under Division 3 of Part 2 of
the Crimes (Sentencing Procedure) Act 1999 in relation to the same offence.
