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SENTENCING ACT 1991 - SECT 83AE Particular contraventions of directions of Secretary

SENTENCING ACT 1991 - SECT 83AE

Particular contraventions of directions of Secretary

    (1)     An offender who is subject to a community correction order and who is attending at a place under a direction given by the Secretary in compliance with section 45(1)(f), must not leave that place unless—

        (a)     the offender has first obtained the permission of the Secretary; or

        (b)     the offender has a reasonable excuse.

Penalty:     Level 11 fine.

    (2)     An offender who is subject to a community correction order and who is required to attend at a place under a direction given by the Secretary in compliance with section 45(1)(f), must, unless the offender has a reasonable excuse, notify the Secretary if he or she is unable to attend as required—

        (a)     at least 24 hours before the offender is due to attend the location if the offender has at least 24 hours notice of that inability; or

        (b)     immediately on becoming unable to attend if the offender did not have at least 24 hours notice of his or her inability to attend at the location.

Penalty:     Level 11 fine.

    (3)     An offender who is subject to a community correction order and who is required to attend at a place under a direction given by the Secretary in compliance with section 45(1)(f), must attend at the place on the required day and time unless—

        (a)     the offender has obtained the permission of the Secretary not to attend; or

        (b)     the offender has a reasonable excuse.

Penalty:     Level 11 fine.

    (4)     An offender who is subject to a community correction order and who is required to attend at a place under a direction given by the Secretary in compliance with section 45(1)(f) must produce a medical certificate, as soon as is practicable, if the offender has not attended because of illness.

Penalty:     Level 11 fine.

    (5)     An offender who is subject to a community correction order who is required to attend at a community corrections centre under the order must not enter an unauthorised area of the community corrections centre without the permission of the Secretary.

Penalty:     Level 11 fine.

    (6)     In this section—

"unauthorised area" means an area designated by the Secretary to be an unauthorised area.

    (7)     A proceeding is not able to be brought against a person for an offence under this section in relation to conduct of that person in respect of which that person has been acquitted, convicted or found guilty of an offence under section 83AD or 83AF.

S. 83AF inserted by No. 65/2011 s. 43.