subsection (4), direct that the period that applies to the requirement under section 48LA(5) or (6) is increased by the same period specified in the direction given under subsection (1). (4) The Secretary must not give a direction under S. 83AV(4) 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. 83AW Reasonable excuse for a failure to comply S. 83AW 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. 83AX Notice of direction to be given in writing S. 83AX inserted by No. 65/2011 s. 60.
subsection (4), direct that the period that applies to the requirement under section 48LA(5) or (6) is increased by the same period specified in the direction given under subsection (1). S. 83AV(4) inserted by No. 32/2013 s. 26. (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 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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