Sentencing Act 1995

A person who breaches a CRO or community order without reasonable excuse, proof of which is on the person, commits an offence.

Subsection (1) does not apply to breach of a community order constituted by —

for a community order that is a CBO — a failure to comply with a direction given under section 67A(6)(a), (b), (c) or (d); or

for a community order that is an ISO — a failure to comply with —

an order under section 75(10)(a), (b), (c) or (d); or

a direction under section 76A(3)(a), (b), (c) or (d).

A prosecution for an offence under subsection (1) may be commenced —

in the case of an alleged breach of a CRO, by the CEO (corrections), a police officer, or a person referred to in section 80(2)(a) to (e) of the Criminal Procedure Act 2004;

in the case of an alleged breach of a community order, only by the CEO (corrections).

Such a prosecution may be commenced at any time up until 1 year after the CRO or community order ceases to be in force.

If at the time of an alleged offence under subsection (1) the alleged offender was under 18 years old, the Children’s Court is to hear and determine the charge.