PENALTIES AND SENTENCES ACT 1992 - SECT 122 Application for amendment or revocation

PENALTIES AND SENTENCES ACT 1992 - SECT 122

122 Application for amendment or revocation

(1) An application under this division must be made—

(a) by—

(i) the offender; or

(ii) an authorised corrective services officer; or

(iii) the director of public prosecutions; and

(b) while the community based order is in force; and

(c) in the approved form.

(2) Notice of an application made by the offender must be given by the court to the chief executive (corrective services) and—

(a) if the court that made the community based order was the Supreme Court or a District Court—to the director of public prosecutions; or

(b) if the court that made the community based order was a Magistrates Court—to the prosecutor before that court.

(3) Notice of an application by an authorised corrective services officer must be given to the court, the offender and the director of public prosecutions.

(4) Notice of an application by the director of public prosecutions must be given to the court, the offender and the chief executive (corrective services).

(5) If an application is made under subsection (1) to a court that is not the court that made the community based order, the first court must give a copy of the application to the court that made the community based order.