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FAMILY LAW ACT 1975 - SECT 112AG

Additional sentencing alternatives

             (1)  Subject to this section, where:

                     (a)  under the law of a participating State or a participating Territory, a court is empowered (whether generally or in particular cases) to impose a sentence by order or make an order of a kind to which subsection (3) applies in respect of a person convicted of an offence against the law of the State or Territory; and

                     (b)  an arrangement under section 112AN in respect of the State or Territory makes provision for and in relation to the carrying out of sentences imposed, or orders made, of that kind under this Division;

a court exercising jurisdiction in the State or Territory may, pursuant to paragraph 112AD(2)(b), impose a sentence or make an order of that kind.

             (2)  A sentence imposed on a person, or an order directed to a person, pursuant to paragraph 112AD(2)(b):

                     (a)  shall be such that the total number of hours during which the sentence or order regulates the conduct of the person does not exceed the maximum period in relation to the State or Territory in which the sentence is imposed or the order is made; and

                     (b)  ceases to have effect 2 years after it was made, or after such lesser period as is specified in the order.

             (3)  This subsection applies to sentences or orders of the following kinds:

                     (a)  a sentence or order known as:

                              (i)  a community service order;

                             (ii)  a work order;

                            (iii)  a sentence of periodic detention;

                            (iv)  an attendance centre order;

                             (v)  a sentence of weekend detention;

                            (vi)  an attendance order; or

                           (vii)  a community based order;

                     (b)  a sentence or order that is similar to a sentence or order referred to in paragraph (a);

                     (c)  a sentence or order prescribed for the purposes of this subsection.

             (4)  Where a court proposes to impose a sentence on a person, or make an order directed to a person, pursuant to paragraph 112AD(2)(b), it shall, before doing so, explain or cause to be explained to the person, in language likely to be readily understood by the person:

                     (a)  the purpose and effect of the proposed sentence or order;

                     (b)  the consequences that may follow if the person fails to comply with the proposed sentence or order or with any requirements made in relation to the proposed sentence or order by or under the applied provisions; and

                     (c)  if the proposed sentence or order may be revoked or varied under the applied provisions--that the proposed sentence or order may be so revoked or varied.

             (5)  Where a court exercising jurisdiction under section 112AD in a particular State or Territory imposes a sentence or makes an order pursuant to paragraph 112AD(2)(b), the provisions of the laws of the State or Territory with respect to a sentence or order of that kind that is imposed or made under those laws shall, to the extent provided by the regulations and subject to such modifications as are specified in the regulations, apply in relation to the sentence or order.

             (6)  In this section:

"maximum period " , in relation to a State or Territory, means 500 hours or such lesser period as is prescribed in relation to the State or Territory.

"participating State " means a State in relation to which an agreement under section 112AN is in force.

"participating Territory " means a Territory in relation to which an agreement under section 112AN is in force.



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