Australian Capital Territory Current Acts

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CRIMES (SENTENCING) ACT 2005 - SECT 129

Deferred sentence orders—when amendments take effect

    (1)     This section applies if the sentencing court makes an order (an amendment order ) under section 128 (1) (c) amending the offender's deferred sentence order's conditions.

    (2)     The court must record its reasons for the decision.

    (3)     The amendment order must state when it takes effect.

    (4)     The date of effect must be—

        (a)     the date when the sentencing court gives the offender written notice of the amendment order; or

        (b)     if a later date of effect is stated in the amendment order—the date stated.

    (5)     As soon as practicable after the sentencing court makes the amendment order, the court must ensure that written notice of the order, together with a copy of the order, is given to the offender, the director-general and the director of public prosecutions.

Note     For a young offender who is under 18 years old, the notice and order must also be given to a parent or person with parental responsibility (see s 133J).

    (6)     Failure to comply with subsection (5) does not invalidate the amendment order.

    (7)     In this section:

"director-general" means—

        (a)     if the offender is under 18 years old when the amendment order is made—the CYP director-general; and

        (b)     in any other case—the director-general responsible for this Act.



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