Northern Territory Consolidated Acts

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SENTENCING ACT 1995 - SECT 78N

Breach of perpetrators' program

    (1)     An offender is in breach of a perpetrators' program order if at any time while the order is in force he or she:

        (a)     without reasonable excuse – contravenes a term or condition of the order; or

        (b)     without reasonable excuse – fails to carry out his or her obligations under section 78L; or

        (c)     contravenes a domestic violence order in force; or

        (d)     commits a domestic violence offence.

    (2)     Where a justice of the peace is satisfied that an offender is in breach of a perpetrators' program order, the justice of the peace may:

        (a)     unless the offender is in custody – issue a summons directing the offender to appear before the court on a date and at a time specified in the summons; or

        (b)     where the justice of the peace is satisfied the offender may not appear – issue a warrant for the arrest of the offender.

    (3)     Where an offender served with a summons issued under subsection (2)(a) fails to attend before the court, the court may issue a warrant for the arrest of the offender.

    (4)     Where a court is satisfied that the offender is in breach of a perpetrators' program order, the court may confirm, vary or revoke the order if the order is still in force.

    (5)     The offender has the onus of proving reasonable excuse in subsection (1).

    (6)     An offender who is in breach of a perpetrators' program order commits an offence.

Maximum penalty:     40 penalty units.

    (7)     An offence against subsection (6) is a regulatory offence.



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