s. s. 83AF 83AG person has been acquitted, convicted or found guilty of an offence under section 83AD or 83AF. 83AF Offence to fail to obey a written direction of S. 83AF inserted by Secretary No. 65/2011 s. 43. (1) An offender who is subject to a community correction order must not contravene a written direction of the Secretary that is given under section 46 unless that person has a reasonable excuse. Penalty: Level 11 fine. (2) A proceeding is not able to be brought against a person for an offence under subsection (1) in relation to conduct of that person in respect of which that person has been acquitted, convicted or found guilty of an offence under section 83AD or 83AE. Division 2—Procedure for contravention offence Pt 3C Div. 2 (Heading) substituted by No. 26/2012 s. 61. 83AG Commencement of a proceeding S. 83AG inserted by No. 65/2011 (1) A proceeding for an offence under section 83AB, s. 43, 83AC, 83AD, 83AE or 83AF is commenced by substituted by No. 26/2012 filing a charge-sheet in the Magistrates' Court. s. 62. (2) A charge-sheet must be filed under subsection (1) by— (a) the Director of Public Prosecutions; or (b) a crown prosecutor within the meaning of the Criminal Procedure Act 2009; or (c) a member of staff of the Office of Public Prosecutions who is a legal practitioner; or (d) a member of the police force; or (e) a prescribed person; or
person has been acquitted, convicted or found guilty of an offence under section 83AD or 83AF. S. 83AF inserted by No. 65/2011 s. 43. 83AF Offence to fail to obey a written direction of Secretary s. 83AF (1) An offender who is subject to a community correction order must not contravene a written direction of the Secretary that is given under section 46 unless that person has a reasonable excuse. Penalty: Level 11 fine. (2) A proceeding is not able to be brought against a person for an offence under subsection (1) in relation to conduct of that person in respect of which that person has been acquitted, convicted or found guilty of an offence under section 83AD or 83AE. Pt 3C Div. 2 (Heading) substituted by No. 26/2012 s. 61. Division 2—Procedure for contravention offence S. 83AG inserted by No. 65/2011 s. 43, substituted by No. 26/2012 s. 62. 83AG Commencement of a proceeding s. 83AG (1) A proceeding for an offence under section 83AB, 83AC, 83AD, 83AE or 83AF is commenced by filing a charge-sheet in the Magistrates' Court. (2) A charge-sheet must be filed under subsection (1) by— (a) the Director of Public Prosecutions; or (b) a crown prosecutor within the meaning of the Criminal Procedure Act 2009; or (c) a member of staff of the Office of Public Prosecutions who is a legal practitioner; or (d) a member of the police force; or (e) a prescribed person; or
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