Deferred sentence orders—when cancellation takes effect
130 Deferred sentence orders—when cancellation takes effect
This section applies if the sentencing court makes an order (a cancellation order) under section 128 (Deferred sentence orders—court’s powers on review) cancelling the offender’s deferred sentence order.
The court must record its reasons for the decision.
The cancellation order takes effect on the day it is made.
As soon as practicable after the sentencing court makes the cancellation order, the court must ensure that written notice of the order, together with a copy of the order, is given to the offender, the director‑general and the director of public prosecutions.
For a young offender who is under 18 years old, the notice and order must also be given to a parent or person with parental responsibility (see s 133J).
Failure to comply with subsection (4) does not invalidate the cancellation order.
In this section:
director-general means—
if the offender is under 18 years old when the cancellation order is made—the CYP director‑general; and
in any other case—the director‑general responsible for this Act.
This Act’s bill:Explanatory statementSecond reading speech
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