(1)  On receiving an application referred to him or her under section 31 , the Director, Community Corrections must decide whether the offender is suitable for performing community service under an MPCSO.

(2)  Without limiting the matters the Director, Community Corrections may take into account, an offender is taken to be unsuitable for performing community service if the alleged offender has breached, in the previous 12 months, probation, parole or a community service order.

(3)  If the Director, Community Corrections decides that the offender is unsuitable for performing community service under an MPCSO, the Director, Community Corrections must give written notice of the decision to –

(a) the offender; and

(b) the Director, Monetary Penalties Enforcement Service.

(4)  If the Director, Community Corrections decides that the offender is suitable for performing community service under an MPCSO, the Director, Community Corrections must give written notice of the decision to the Director, Monetary Penalties Enforcement Service.