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SENTENCING ACT 1997 - SECT 24

Division 4 - Suspended sentences Suspended sentence to be conditional

(1)  If a court makes an order suspending the whole or a part of a sentence of imprisonment, the order is subject to the condition that the offender does not commit another offence punishable by imprisonment during the period the order is in force.
(2)  In addition to the conditions specified in subsection (1) , an order suspending the whole or a part of a sentence of imprisonment may be subject to any one or more of the following conditions:
(a) that the offender is to perform community service for the number of hours, specified in the order, that are within a period specified in the order;
(b) that the offender is subject to the supervision of a probation officer;
(c) that the offender is required to undertake a rehabilitation program;
(d) any other condition as the court considers necessary or expedient.
(3)  A condition imposed under subsection (1) or (2) may in itself be made subject to any condition as the court considers necessary or expedient.
(4)  If a suspended sentence is, before the commencement of section 27Y , made conditional on the performance of community service, the following sections apply with such modifications as are necessary and, in particular, a reference to a community service order in those sections is taken to be a reference to the condition imposing community service:
(a) section 28(b) , (c) , (d) , (e) , (f) and (g) ;
(b) sections 30 , 31 , 32 and 33 ;
(c) section 34(a) ;
(d) section 36A .
(5)  If a suspended sentence is, before the commencement of Part 5B , made conditional on supervision of the offender by a probation officer, the following sections apply with such modifications as are necessary and, in particular, a reference to a probation order in those sections is taken to be a reference to the condition imposing probation:
(a) section 37(1)(b) , (c) , (d) , (e) , (f) and (g) ;
(b) section 37(2) and (3) ;
(c) sections 38 , 39 and 40 .
(5A)  If a suspended sentence is, after the commencement of Part 5B , made conditional on the performance of community service, the following sections apply with such modifications as are necessary and, in particular, a reference to a community correction order in those sections is taken to be a reference to the condition imposing community service:
(a) section 42AO(b) , (c) , (d) , (e) and (f) ;
(b) section 42AP(1)(d) ;
(c) section 42AQ(1) , (2) and (3) ;
(d) sections 42AR , 42AS and 42AT ;
(e) sections 42AX and 42AZ .
(5B)  If a suspended sentence is, after the commencement of Part 5B , made conditional on supervision of the offender by a probation officer, the following sections apply with such modifications as are necessary and, in particular, a reference to a community correction order in those sections is taken to be a reference to the condition imposing probation:
(a) section 42AO(b) , (c) , (d) , (e) and (f) ;
(b) sections 42AP(1)(b) , (c) , (e) , (f) , (g) , (i) and (j) ;
(c) section 42AQ(1) , (2) and (3) ;
(d) section 42AR .
(6)  Nothing in this section is intended to affect the operation of section 8(1) .



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