JUVENILE JUSTICE AND OTHER ACTS AMENDMENT ACT 2009 No. 34 - SECT 22 22 Amendment of s 165 (If an agreement is made on a referral by a court to a conference before sentence)

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JUVENILE JUSTICE AND OTHER ACTS AMENDMENT ACT 2009 No. 34 - SECT 22

22 Amendment of s 165 (If an agreement is made on a referral by a court to a conference before sentence)

(1) Section 165, heading--

omit, insert--

(2) Section 165(4) and (5)--

omit, insert--

'(4) The court may--

(a) include all or any of the terms of the agreement in, or as part of, the sentence order, including, for example, within a community based order; and

(b) impose requirements on the child to ensure the child complies with the terms so included.

'(5) If the child contravenes a term of the agreement included in, or as part of, the sentence order, other than within a community based order, the court's proper officer may--

(a) take no action; or

(b) bring the charge for the offence back on before the court for resentencing.

Note--

For contraventions of a community based order, see division 12.'.

(3) Section 165--

insert--

'(6A) The notice must include a warning that, if the child fails to appear before the court in answer to the notice, the court may issue a warrant for the child's arrest.'.

(4) Section 165--

insert--

'(7A) If the child fails to appear before the court in answer to the notice, the court may issue a warrant for the child's arrest.

'(7B) For part 5, if the court issues a warrant and the child is arrested under the warrant, the child must be treated as if arrested on a charge of an offence.'.

(5) Section 165(6A) to (10)--

renumber as section 165(7) to (13).

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