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Legislative Assembly for the ACT: Week 9 Hansard (18 August) . . Page.. 3894..


Note Change includes change by omission, substitution or addition (see Legislation Act, dict, pt 1).

(4) Before making a direction under a review order, the board must ask the offender's case manager to make a written submission to the board about the proposed direction.

Note Case managers for offenders are appointed under the Rehabilitation of Offenders (Interim) Act 2001, s 97A.

(5) In considering whether to make a direction under a review order, the board must take into account any submissions given to the board under subsection (4).

(6) If the board makes a direction under a review order, the direction takes effect as if it had been made by the court in sentencing the offender.

(7) If a review order is made for an offender, and the offender breaches a penalty order, or a condition stated in the review order, the court may, by order, in addition to any other powers the court may exercise in relation to the sentence-

(a) change the review order to restrict or remove the powers of the board under the order; or

(b) revoke the review order.

(8) This section does not prevent the court, by order, otherwise than under subsection (7)-

(a) changing a review order (including a change to a condition of a review order); or

(b) revoking a review order.

(9) The court may not, by a review order, authorise the board to change-

(a) a nonparole period fixed in the sentence; or

(b) the overall term of the sentence.

4

Clause 5

Proposed new section 366C, example 1

Page 9, line 12-

omit

The court also orders

substitute

The court, by a review order, orders

5

Clause 5

Proposed new section 366C, example 2

Page 9, line 24-

omit

The court also orders


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