Northern Territory Consolidated Acts Northern Territory Consolidated Acts42. Variation of order conditionally suspending sentence
(1) A court which has made an order wholly or partially suspending a sentence of imprisonment on certain conditions may, on application under this subsection, if satisfied that:
(a) the circumstances of the offender have materially altered since the order was made and as a result the offender will not be able to comply with any condition of the order; or
(b) the offender has failed or is no longer willing to comply with a condition of the order,
vary or cancel the order and, subject to subsection (2), deal with the offender for the offence or offences with respect to which the order was made in any manner in which the court could deal with the offender if it had just convicted the offender of the offence or those offences.
(2) In determining how to deal with an offender following the cancellation of an order suspending a sentence of imprisonment, the court shall take into account the extent to which the offender had complied with the order before its cancellation.
(3) An application under subsection (1) may be made at any time by:
(a) the offender;
(b) a prescribed person or a member of a prescribed class of persons; or
(c) the prosecutor.
(4) Notice of an application under subsection (1) shall be given to:
(a) the offender; and
(b) where the sentencing court was:
(i) the Supreme Court, the Director of Prosecutions; or
(ii) the Court of Summary Jurisdiction, the complainant or informant.
(5) A court may order that a warrant be issued to arrest an offender where the offender does not attend before the court on the hearing of the application.