South Australian Consolidated Acts

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CRIMINAL LAW (SENTENCING) ACT 1988 - SECT 44

44—Variation or discharge of bond

        (1)         A probative court may, on the application of a probationer or the Minister for Correctional Services, vary or revoke any condition of a bond.

        (1a)         If, on an application for variation under subsection (1), a probative court extends, beyond the term of the bond, the period within which community service is to be performed by the probationer, the term of the bond is extended accordingly, despite the fact that the term, as so extended, exceeds three years.

        (1b)         A probative court cannot extend the period within which community service is to be performed by more than six months.

        (2)         If the Minister for Correctional Services is satisfied, on the application of a probationer

            (a)         that it is no longer necessary for the probationer to remain under supervision; and

            (b)         that it would not be in the best interests of the probationer to remain under supervision,

the Minister may, by instrument in writing, waive the obligation of the probationer to comply any further with the condition requiring supervision.

        (3)         Where a probative court is satisfied, on the application of a probationer, that it is no longer necessary for the probationer to remain subject to the bond, the court may, by order, discharge the bond.



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