• Specific Year
    Any

SENTENCING ACT 1991 - SECT 83AU Direction of unpaid community work condition on failure to comply

SENTENCING ACT 1991 - SECT 83AU

Direction of unpaid community work condition on failure to comply

    (1)     If an offender fails to comply, without reasonable excuse, with a community correction order that has an unpaid community work condition attached, the Secretary may direct the offender to perform up to a maximum of 16 hours of unpaid community work in a 12 month period in addition to that imposed by the court that made the order.

    (2)     The Secretary must not give a direction under subsection (1) unless the Secretary is satisfied that—

        (a)     the failure to comply with the order is sufficiently serious to give the direction; and

        (b)     the failure to comply with the order is not sufficiently serious to file a charge for the offence under section 83AD; and

        (c)     the unpaid community work condition has not been completed; and

        (d)     the number of hours of unpaid community work that the offender is directed to perform by the Secretary together with the number of hours of unpaid community work that the offender has been ordered to perform by the court attaching the condition will not exceed the maximum number of hours permitted under section 48C(4).

S. 83AV inserted by No. 65/2011 s. 60.