Queensland Consolidated Acts

EXPLOSIVES ACT 1999 - SECT 123M

123M Release on giving of court-ordered undertaking

(1) The court may (with or without recording a conviction) adjourn the proceeding for the offence for a period of not more than 2 years and make an order for the release of the offender on the offender giving an undertaking with stated conditions (a
"court-ordered undertaking" ).

(2) A court-ordered undertaking must state the following conditions—

(a) that the offender appear before the court if called to appear during the period of the adjournment and, if stated by the court, at the time to which the further hearing is adjourned;

(b) that the offender does not commit, during the period of the adjournment, any offence against this Act;

(c) that the offender observes any special conditions imposed by the court.

(3) In addition to the order mentioned in subsection (1) , the court may make any other order the court considers appropriate in the circumstances, including orders directing the offender to pay to the State—

(a) the costs of the proceeding; and

(b) the reasonable costs of the CEO in monitoring compliance with the court-ordered undertaking in the future.

(4) An offender who has given a court-ordered undertaking under this section may be called on to appear before the court by order of the court.

(5) An order under subsection (4) must be served on the offender not less than 4 days before the time stated in the order for the appearance.

(6) If the court is satisfied at the time to which a further hearing of a proceeding is adjourned that the offender has observed the conditions of the court-ordered undertaking, the court must discharge the offender without any further hearing of the proceeding.