Crimes (Sentencing Procedure) Act 1999

Application to community service orders This clause applies in respect of a community service order made under section 8 before its substitution by the amending Act.

Previous breaches Subclause (3) applies if a breach of a community service order occurred or is suspected to have occurred before the substitution of section 8 by the amending Act and action under the sentencing legislation as in force before the commencement day had not been commenced or completed in respect of the breach.

Action in respect of the breach may, on or after that day, be commenced or continued under the sentencing legislation in relation to the community correction order to which the order is converted by the operation of this Schedule in the same way as action may be taken in respect of a breach of an offender’s obligations under a community correction order made on or after that day.

Pending extension applications If an application for the extension of the relevant maximum period for a community service order under section 114 of the Crimes (Administration of Sentences) Act 1999 was pending immediately before the commencement day—

the application may be dealt with or continue to be dealt with by the court on or after that day, and

the application is taken to be an application duly made under section 89 of this Act in respect of the relevant community service work condition of the community correction order (to which the community service order was converted by the operation of this Schedule), and

the court may make any order under section 89 that it may make in respect of an application made under that section.

Existing revocation applications If an application for the revocation of a community service order under section 115 of the Crimes (Administration of Sentences) Act 1999 was pending immediately before the commencement day—

the application may be dealt with or continue to be dealt with by the court on or after that day, and

in the case of an application made under section 115 (2) (a), the application is taken to be an application made, for the purposes of section 107C of that Act as amended by the amending Act, to revoke the community correction order to which the community service order is converted by the operation of this Schedule, and

in the case of an application made under section 115 (2) (b), the court may continue to deal with the application under section 115 as in force immediately before the commencement day.

Existing warrants issued in extension proceedings If a warrant issued under section 116 of the Crimes (Administration of Sentences) Act 1999 before the commencement day, in connection with an application for the extension of the period for which an offender’s community service order is to remain in force, was in force immediately before that day, the warrant—

continues in force on and after that day until it is executed, and

authorises the offender to be brought before the relevant court.

Existing warrants issued in revocation proceedings If a warrant issued under section 116 of the Crimes (Administration of Sentences) Act 1999 before the commencement day, in connection with an application under section 115 of that Act for the revocation of an offender’s community service order, was in force immediately before that day, the warrant—

continues in force on and after that day until it is executed, and

authorises the offender to be brought before the relevant court.

Action for breaches of expired community service orders Subclause (9) applies if—

a community service order was breached before the repeal of section 115 of the Crimes (Administration of Sentences) Act 1999 by the amending Act, and

the order had expired not later than 1 month before that day, and

action in respect of the breach had not been commenced or completed before that day.

The breach may be dealt with or continue to be dealt with on or after that day under sections 107C and 107D of the Crimes (Administration of Sentences) Act 1999 and, for that purpose, those provisions apply despite the expiry of the order but only apply in respect of matters arising during the term of the order.