Australian Capital Territory Repealed Acts

This legislation has been repealed.

PERIODIC DETENTION ACT 1995 (REPEALED) - SECT 6

    (1)     A court shall not make an order under section 4 unless—

        (a)     the court is satisfied that it is appropriate for the offender to undertake such an order; and

        (b)     the court is satisfied that there are appropriate facilities available at the relevant detention centre for the offender to undertake such an order; and

    (c)     the offender submits himself or herself to a medical examination by a medical practitioner, if so required by the court; and

    (d)     the court has received a pre-sentence report in respect of the offender pursuant to the Crimes Act 1900 , division 15.2; and

    (e)     the court has explained to the offender—

              (i)     the effect the proposed order would have; and

              (ii)     the consequences of noncompliance with the order and the circumstances in which the offender would be taken to have breached the order; and

              (iii)     that the court has the power under this Act to review the order on the application of the director or the offender; and

        (f)     the court is satisfied that the offender consents to undertaking such an order.

    (2)     For subsection (1) (a) and (b), the court may have regard to such matters as it considers appropriate, including—

        (a)     the pre-sentence report referred to in subsection (1) (d); and

        (b)     where a person has submitted to a medical examination by a medical practitioner, as required by the court—the report of that medical practitioner in respect of that examination; and

        (c)     a report by an officer, as required by the court.