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Legislative Assembly for the ACT: 2005 Week 14 Hansard (22 November) . . Page.. 4468..


4

Proposed new clause 66 (3A)

Page 45, line 12-

insert

(3A) If the chief executive applies under section 59 (Failing to perform periodic detention-referral to board) for an inquiry, the board must conduct the inquiry as soon as practicable.

5

Proposed new clause 68A

Page 46, line 28-

insert

68A Cancellation of periodic detention-repeated failures to perform

(1) This section applies if-

(a) the chief executive applies to the board under section 59 (Failing to perform periodic detention-referral to board) for an inquiry in relation to an offender; and

(b) at the inquiry, the board decides that section 58 (Failing to perform periodic detention-extension of periodic detention period) applies to the offender in relation to 2 or more detention periods of the offender's periodic detention period.

Examples of s 58 applying to offender

1 or more of the following apply to the offender:

    • without approval under section 55 (Periodic detention-approval not to perform etc), the offender fails to report to perform periodic detention for a detention period
    • without approval under section 55 (Periodic detention-approval not to perform etc), the offender reports late to perform detention for a detention period and is directed under section 58 not to perform periodic detention and to leave the reporting place
    • when reporting to perform periodic detention for a detention period, the offender gives a positive test sample in response to a direction under section 45 (Periodic detention-alcohol and drug tests) and is directed under section 58 not to perform periodic detention and to leave the reporting place

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(2) Without limiting section 68, the board must cancel the offender's periodic detention as soon as practicable under that section.

6

Clause 101 (2) and (3)

Page 69, line 7-

omit clause 101 (2) and (3), substitute

(2) The corrections officer must report the belief to the sentencing court.


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