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YOUTH JUSTICE ACT 1992 - SECT 245
Court’s power on breach of a community based order other than a conditional release order
245 Court’s power on breach of a community based order other than a
conditional release order
(1) A court that acts under this section may— (a) for a probation
order—extend the period of the order, but not so that the period by which
the order is extended is longer than the period for which the order could be
made under sections 175 (1) (d) , 176 (1) (a) and 180 (3) ; or
(aa) for a
graffiti removal order— (i) increase the number of graffiti removal service
hours but not so that the total number of hours is more than the number
allowed under section 176A (3) or sections 194F to 194I ; or
(ii) extend the
period within which the graffiti removal service must be performed, but not so
that the extended period ends more than 1 year after the court acts under this
section; or
(ab) for a restorative justice order—extend the period within
which the child’s obligations under the order must be performed, but not so
that the extended period ends more than 1 year after the court acts under this
section; or
(b) for a community service order— (i) increase the number of
community service hours, but not so that the total number of hours is more
than the number allowed under section 175 (1) (e) ; or
(ii) extend the period
within which the community service must be performed, but not so that the
extended period ends more than 1 year after the court acts under this section;
or
(c) for an intensive supervision order—extend the period of the order,
but not so that the last day of the order is more than 6 months after the
court acts under this section; or
(d) for any community based order— (i)
vary another requirement of the order other than the requirement that the
child abstain from violation of the law; or
(ii) discharge the order and
resentence the child for the offence for which the order was made as if the
child had just been found guilty before the court of that offence; or
(iii)
on the undertaking of the child to comply in all respects with the order, take
no further action.
(2) The court may vary the community based order only if
the child expresses a willingness to comply with the order as varied.
(3) An
order under subsection (1) (a) , (aa) , (ab) , (b) or (c) may be made in
conjunction with an order under subsection (1) (d) (i) .
(4) If the court
decides to extend the period of the community based order, the court must have
regard to the period for which the child has complied with the order.
(5) An
order may be made under this section even though, at the time it is made, the
community based order in relation to which the order is made is no longer in
force because the period of the community based order has ended.
(6) For part
6 , division 9 , subdivision 4 , an order or decision mentioned in this
section and made by a Childrens Court magistrate is a sentence order.
(7) In
this section—
"community based order" means a community based order other than a conditional
release order.
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