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Breach of community work permit

S. 156(1) amended by No. 68/2009 s. 97(Sch. item 70.22).

    (1)     If an infringement offender fails without reasonable excuse to comply with a community work permit or any condition of a community work permit issued to him or her or with any requirement of the regulations made for the purposes of this Part, the infringement offender is guilty of an offence for which he or she may be proceeded against on a charge-sheet filed in the Court by a prescribed person or a member of a prescribed class of persons.

    (2)     A proceeding for an offence under subsection (1) may be commenced at any time up until 3 years after the date on which the offence is alleged to have been committed.

S. 156(3) amended by No. 68/2009 s. 97(Sch. item 70.23(a)).

    (3)     Despite anything to the contrary in the Criminal Procedure Act 2009

S. 156(3)(a) amended by No. 68/2009 s. 97(Sch. item 70.23(b)(c)).

        (a)     on the filing of a charge-sheet referred to in subsection (1), an application under section 12 of that Act for the issue of a summons to answer to the charge or a warrant to arrest may be made to the registrar at any venue of the Court;

        (b)     a summons to answer to the charge issued on an application referred to in paragraph (a) must direct the infringement offender to attend at the Court to answer the charge;

        (c)     a warrant to arrest issued on an application referred to in paragraph (a) authorises the person to whom it is directed to bring the infringement offender when arrested before the Court to be dealt with under Division 2 of this Part.

    (4)     If, on the hearing of a charge under subsection (1) the Court finds the infringement offender guilty of the offence, it may impose a fine not exceeding 10 penalty units.

    (5)     The Court, in addition to imposing a fine under subsection (4), may—

        (a)     vary the community work permit; or

        (b)     confirm the community work permit; or

        (c)     cancel the community work permit (if it is still in force) and, whether or not it is in force, subject to subsection (6), deal with the infringement offender in accordance with section 160.

    (6)     In determining how to deal with an infringement offender following the cancellation by it of a community work permit, the Court must take into account the extent to which the infringement offender had complied with the community work permit before its cancellation.

    (7)     A fine imposed under this section—

        (a)     does not affect the continuance of the community work permit, if it is still in force; and

        (b)     must be taken for all purposes to be a fine payable on a conviction for an offence.

S. 157 amended by No. 32/2006 s. 45.

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