Sentencing Act 1995

If a court convicts a person of an offence the statutory penalty for which is or includes imprisonment and that offence was committed during the suspension period of suspended imprisonment imposed on the person in relation to another offence, the court —

if it is the Magistrates Court, must deal with the person under section 80 unless the suspended imprisonment was imposed —

by the Children’s Court for an indictable offence; or

by a superior court,

if it is the District Court, must deal with the person under section 80 unless the suspended imprisonment was imposed by the Children’s Court or the Supreme Court for an offence which the District Court would not have jurisdiction to deal with if it were committed by an adult, in which case the Court must commit the person to the court that imposed the suspended imprisonment and that court must deal with the person under section 80; or

if it is the Supreme Court, must deal with the person under section 80.

The powers in subsection (1) may be exercised by a court at any time, even if the suspension period has ended.

Subsection (1) does not affect the powers of the court that convicts the person of the offence committed during the suspension period to deal with the person for that offence.

A court that under subsection (1) commits a person to another court must certify that the person has been convicted of an offence committed during the suspension period.

A certificate by a court under subsection (4) is, in the absence of evidence to the contrary, evidence of its contents.