s. s. 83AV 83AW increased by the same period specified in the direction given under subsection (1). S. 83AV(4) (4) The Secretary must not give a direction under inserted by subsection (3) unless the Secretary is satisfied No. 32/2013 that— s. 26. (a) the electronic monitoring requirement that the offender is subject to under section 48LA has not expired; and (b) appropriate resources or facilities are available to enable the offender to be electronically monitored for the increased period; and (c) the offender is a suitable person to be electronically monitored for the increased period; and (d) the increased period that the offender is to be electronically monitored in respect of a curfew condition does not exceed the requirements of section 48I(3) for that condition. S. 83AW 83AW Reasonable excuse for a failure to comply inserted by No. 65/2011 For the purposes of section 83AU or 83AV it is a s. 60. reasonable excuse for an offender to fail to comply with a community correction order if— (a) there exists an application to vary the order under section 48N relating to or resulting from the failure to comply; or (b) the court varied the order under section 48M in relation to or as a result of the failure to comply. S. 83AX 83AX Notice of direction to be given in writing inserted by No. 65/2011 s. 60.
increased by the same period specified in the direction given under subsection (1). S. 83AV(4) inserted by No. 32/2013 s. 26. s. 83AV (4) The Secretary must not give a direction under subsection (3) unless the Secretary is satisfied that— (a) the electronic monitoring requirement that the offender is subject to under section 48LA has not expired; and (b) appropriate resources or facilities are available to enable the offender to be electronically monitored for the increased period; and (c) the offender is a suitable person to be electronically monitored for the increased period; and (d) the increased period that the offender is to be electronically monitored in respect of a curfew condition does not exceed the requirements of section 48I(3) for that condition. S. 83AW inserted by No. 65/2011 s. 60. 83AW Reasonable excuse for a failure to comply s. 83AW For the purposes of section 83AU or 83AV it is a reasonable excuse for an offender to fail to comply with a community correction order if— (a) there exists an application to vary the order under section 48N relating to or resulting from the failure to comply; or (b) the court varied the order under section 48M in relation to or as a result of the failure to comply. S. 83AX inserted by No. 65/2011 s. 60. 83AX Notice of direction to be given in writing
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