(1B) Subsection (1A) does not apply to an offence S. 464ZFB(1B) heard and determined summarily. inserted by No. 27/2006 s. 11(2), amended by No. 68/2009 s. 97(Sch. item 40.38). (2) A court hearing an application under S. 464ZFB(2) amended by subsection (1) or (1A)— No. 27/2006 s. 11(3)(a). (a) must take into account the seriousness of the S. 464ZFB (2)(a) circumstances of the offence in determining amended by whether to make the order under No. 27/2006 s. 11(3)(b). subsection (1) or (1A), as the case requires; and (b) must be satisfied that, in all the circumstances, the making of the order is justified; and (c) may make such inquiries on oath or otherwise as it considers desirable. S. 464ZFB(2A) (2A) An order made under subsection (1) before the inserted by expiry of the appeal period in respect of the No. 16/2002 s. 13(2), conviction for the offence or the final amended by determination of an appeal against conviction No. 14/2006 (whichever is the later)— s. 14(b)(i)(ii). (a) takes effect on that expiry or final determination; and S. 464ZFB (b) has no effect if, on appeal against conviction, (2A)(b) the finding of guilt or conviction is set aside. amended by Nos 14/2006 s. 14(b)(ii), 68/2009 s. 97(Sch. item 40.39) (as amended by No. 29/2011 s. 3(Sch. 1 item 25.1)).
S. 464ZFB(1B) inserted by No. 27/2006 s. 11(2), amended by No. 68/2009 s. 97(Sch. item 40.38). (1B) Subsection (1A) does not apply to an offence heard and determined summarily. S. 464ZFB(2) amended by No. 27/2006 s. 11(3)(a). (2) A court hearing an application under subsection (1) or (1A)— S. 464ZFB (2)(a) amended by No. 27/2006 s. 11(3)(b). (a) must take into account the seriousness of the circumstances of the offence in determining whether to make the order under subsection (1) or (1A), as the case requires; and (b) must be satisfied that, in all the circumstances, the making of the order is justified; and (c) may make such inquiries on oath or otherwise as it considers desirable. S. 464ZFB(2A) inserted by No. 16/2002 s. 13(2), amended by No. 14/2006 s. 14(b)(i)(ii). (2A) An order made under subsection (1) before the expiry of the appeal period in respect of the conviction for the offence or the final determination of an appeal against conviction (whichever is the later)— (a) takes effect on that expiry or final determination; and S. 464ZFB (2A)(b) amended by Nos 14/2006 s. 14(b)(ii), 68/2009 s. 97(Sch. item 40.39) (as amended by No. 29/2011 s. 3(Sch. 1 item 25.1)). (b) has no effect if, on appeal against conviction, the finding of guilt or conviction is set aside.