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FAMILY COURT ACT 1997 - SECT 205SC

205SC .         When court is empowered to make community service order — FLA s. 70NFC

        (1)         In this section —

        Sentencing Act means the Sentencing Act 1995 .

        (2)         A community service order imposed on a person under section 205SB(2)(a) can be one of the following kinds —

            (a)         a community based order, within the meaning of the Sentencing Act, imposed in accordance with the provisions of Part 9 of that Act;

            (b)         an intensive supervision order, within the meaning of the Sentencing Act , imposed in accordance with the provisions of Part 10 of that Act.

        (3)         For the purposes of this Act —

            (a)         a reference in Part 9 or 10 of the Sentencing Act to an offence includes a reference to the contravention of an order; and

            (b)         a reference in Part 9 or 10 of the Sentencing Act to an offender is a reference to a person who contravened an order; and

            (c)         a reference in Part 9 or 10 of the Sentencing Act to an offender’s criminal behaviour is a reference to the behaviour of a person who contravened an order when contravening that order.

        (4)         A person who, under the Sentencing Act

            (a)         is the executive manager; or

            (b)         is a community corrections officer,

                has, for the purposes of this Act, the same functions as the person has under Part 9 or 10 of the Sentencing Act, unless a court orders otherwise.

        (5)         Where, under section 205SB(2)(a), a court proposes to impose a community service order of a kind referred to in this section on a person, the court must, 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 community service order; and

            (b)         the requirements, obligations and conditions applicable to that person under the proposed community service order; and

            (c)         the consequences that may follow if the person fails to comply with the proposed community service order or with any requirement, obligation or condition applicable to that person under the proposed community service order; and

            (d)         how the proposed community service order may be discharged or varied.

        (6)         If, in the application of Part 9 or 10 of the Sentencing Act for the purposes of this Act, there is any inconsistency between the provisions of the Sentencing Act and this Act, the provisions of this Act prevail.

        [Section 205SC inserted: No. 35 of 2006 s. 101.]



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