1Citation
These Regulations may be cited as the Sentencing Regulations 1996.
Part 2 General matters
Bills and explanatory statements from legislation.nt.gov.au; second reading speeches from the NT Parliamentary Record (Territory Stories). Links open the official source in a new tab.
These Regulations may be cited as the Sentencing Regulations 1996.
Part 2 General matters
(1) For the definition prescribed program in section 3(1) of the Act, each of the following is a prescribed program for a community correction order or an intensive community correction order:
an alcohol or other drug treatment program;
an education or training program in driving;
any other education or training program;
treatment or counselling addressing personal factors.
(2) For the definition undertaking in section 3(1) of the Act, the prescribed form is Form 1 in the Schedule.
For section 3(1) of the Act, definition proper officer, the proper officer for the Local Court is a registrar (as defined in section 3 of the Local Court Act 2015).
Note for regulation 3
For the Supreme Court, see rule 81A of the Supreme Court Rules 1987.
For the purposes of sections 42(3)(b) and 43(1) and (2) of the Act, each person who is a probation and parole officer and an employee of the Agency responsible under the Minister for the administration of the Correctional Services Act 2014 is a prescribed person.
In addition to subregulation (1), for the purposes of section
43(1) and (2), each person who is a prosecutor is a prescribed person.
For the purposes of section 85(2) of the Act, the Chief Health
Officer is a prescribed person.
For the purposes of section 86(1) of the Act, the Chief Health
Officer and the Commissioner are prescribed persons.
(1) For section 34(1)(c) of the Act, the following conditions are prescribed:
the offender:
(i) is under the ongoing supervision of a probation and parole officer; and
(ii) must report to a probation and parole officer at a specified place within 2 business days after the order comes into force;
(b) the offender must remain in the offender's residence for a specified period of time of the day;
(c) the offender must wear or have attached an approved monitoring device;
(d) the offender must allow the placing or installation in, and retrieval from, a specified place of anything necessary for the effective operation of the monitoring device;
(e) the offender must participate in a prescribed program, designed to address the personal factors that contribute to the offender's criminal behaviour, as directed by the Commissioner;
(f) the offender must participate in any other program, course or service the court considers appropriate;
(g) the offender must not consume or purchase alcohol or a drug (other than as prescribed by a medical practitioner or other health practitioner);
(h) the offender must submit to a breath test, breath analysis or blood or urine test at the request of a probation and parole officer or police officer;
the offender must not:
be in company with one or more specified persons; or
(ii) communicate in any way (including by post, fax, phone and other electronic means, and whether directly or indirectly) with one or more specified persons;
(j) the offender must not, except as provided in the order, visit one or more specified places (including a district or specific location).
(2) For section 48(1)(d) of the Act, the conditions specified in subregulation (1)(b) to (j) are prescribed.
For the purposes of section 43(1) and (2) of the Act, the prescribed form is Form 4 in the Schedule.
For the purposes of section 80(1)(a) and (b) of the Act, the prescribed form is Form 5 in the Schedule.
For the purposes of section 86(1) of the Act, the prescribed form is
Form 5A in the Schedule.
For section 97AB of the Act, the prescribed form is Form 5B in the
Schedule.
For the purposes of section 107 of the Act, the prescribed form is
Form 6 in the Schedule.
Part 3 Rehabilitation program in relation to domestic and family violence
In this Part:
order, in relation to an offender, means a community correction order or an intensive community correction order subject to the condition that the offender satisfactorily complete a rehabilitation program in relation to domestic and family violence.
For sections 34(3) and 48(3) of the Act, this Part applies.
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