(1) The Secretary must serve on an offender, by S. 83AX(1) ordinary service or personal service, notice in amended by No. 32/2013 writing of a decision under section 83AU s. 37(1). or 83AV. (2) In a notice under subsection (1) the Secretary must include his or her reasons for making the decision and the right of an offender to make an application for review on the merits of the Secretary's decision under section 83AY. (3) A decision of the Secretary under section 83AU or 83AV does not take effect until the notice is served under subsection (1) or any later date specified in the notice. (4) In this section— S. 83AX(4) inserted by No. 32/2013 has the same meaning as in the ordinary service s. 37(2). Criminal Procedure Act 2009; has the same meaning as in the personal service Criminal Procedure Act 2009. 83AY Review by the sentencing court S. 83AY inserted by No. 65/2011 (1) The court may review the decision of the s. 60. Secretary on application by the offender. (2) If the Secretary has given a direction in terms of an unpaid community work condition or a curfew condition under section 83AU or 83AV, the offender may apply to the court that imposed the condition for a review on the merits of the Secretary's decision. (3) An application under subsection (2) must be made within 28 days after the day on which the decision was made.
S. 83AX(1) amended by No. 32/2013 s. 37(1). (1) The Secretary must serve on an offender, by ordinary service or personal service, notice in writing of a decision under section 83AU or 83AV. (2) In a notice under subsection (1) the Secretary must include his or her reasons for making the decision and the right of an offender to make an application for review on the merits of the Secretary's decision under section 83AY. (3) A decision of the Secretary under section 83AU or 83AV does not take effect until the notice is served under subsection (1) or any later date specified in the notice. S. 83AX(4) inserted by No. 32/2013 s. 37(2). (4) In this section— ordinary service has the same meaning as in the Criminal Procedure Act 2009; personal service has the same meaning as in the Criminal Procedure Act 2009. S. 83AY inserted by No. 65/2011 s. 60. 83AY Review by the sentencing court (1) The court may review the decision of the Secretary on application by the offender. (2) If the Secretary has given a direction in terms of an unpaid community work condition or a curfew condition under section 83AU or 83AV, the offender may apply to the court that imposed the condition for a review on the merits of the Secretary's decision. (3) An application under subsection (2) must be made within 28 days after the day on which the decision was made.
91-49a163.docx