Sch. 3 Legislation Amendment (Abolition of Home Detention) Act 2011). 9 Contravention—Old intensive correction orders (1) An offender who is subject to an old intensive correction order must not, unless that person has a reasonable excuse, contravene that order. Penalty: 3 months imprisonment. Sch. 3 cl. 9(2) (2) Subclause (1) does not apply to a contravention of amended by an old intensive correction order that occurs No. 43/2012 s. 3(Sch. before the commencement of section 15 of the item 46.4). Sentencing Amendment (Community Correction Reform) Act 2011. Sch. 3 cl. 9(3) (3) Subject to subclause (4), Divisions 1 and 2 of amended by Part 3C apply to an offence under subclause (1) as No. 32/2013 s. 41. if any reference in Divisions 1 and 2 of that Part to an offence under section 83AD were a reference to an offence under subclause (1). (4) If in a proceeding for an offence under subclause (1) for a contravention of an old intensive correction order, the court finds the person guilty of the offence the court must (in addition to sentencing the offender for the offence)— (a) whether or not the order has expired, confirm Sch. 3 cl. 9(4)(a) the order that was contravened and if substituted by necessary to enable the offender to perform No. 26/2012 s. 69. the remaining period and conditions of the order, vary the duration and dates of the order; or (b) cancel the order (if it is still in force) and, whether or not it is still in force, commit the offender to prison for the portion of the term of imprisonment to which he or she was sentenced that was unexpired at the date of the offence.
Legislation Amendment (Abolition of Home Detention) Act 2011). 9 Contravention—Old intensive correction orders (1) An offender who is subject to an old intensive correction order must not, unless that person has a reasonable excuse, contravene that order. Penalty: 3 months imprisonment. Sch. 3 cl. 9(2) amended by No. 43/2012 s. 3(Sch. item 46.4). (2) Subclause (1) does not apply to a contravention of an old intensive correction order that occurs before the commencement of section 15 of the Sentencing Amendment (Community Correction Reform) Act 2011. Sch. 3 cl. 9(3) amended by No. 32/2013 s. 41. (3) Subject to subclause (4), Divisions 1 and 2 of Part 3C apply to an offence under subclause (1) as if any reference in Divisions 1 and 2 of that Part to an offence under section 83AD were a reference to an offence under subclause (1). Sch. 3 (4) If in a proceeding for an offence under subclause (1) for a contravention of an old intensive correction order, the court finds the person guilty of the offence the court must (in addition to sentencing the offender for the offence)— Sch. 3 cl. 9(4)(a) substituted by No. 26/2012 s. 69. (a) whether or not the order has expired, confirm the order that was contravened and if necessary to enable the offender to perform the remaining period and conditions of the order, vary the duration and dates of the order; or (b) cancel the order (if it is still in force) and, whether or not it is still in force, commit the offender to prison for the portion of the term of imprisonment to which he or she was sentenced that was unexpired at the date of the offence.