Western Australian Current Acts Western Australian Current Acts (1) If a court makes a
community service order under section 205SB(2)(a) in respect of a person, or
an order under section 205SB(2)(b) requiring a person to enter into a bond in
accordance with section 205SE, the following provisions have effect.
(2) If the court
(whether or not constituted by the judge or magistrate who made the community
service order or required the bond to be entered into in accordance with
section 205SE) is satisfied that the person has, without reasonable excuse,
failed to comply with the order or bond, the court may take action under
subsection (3).
(3) The court may
—
(a)
without prejudice to the continuance of the community service order or the
bond entered into in accordance with section 205SE, impose a fine not
exceeding $1 100 on the person; or
(b)
revoke the community service order or the bond entered into in accordance with
section 205SE and, subject to subsection (4), deal with the person, for the
contravention in respect of which the community service order was made or the
bond was entered into, in any manner in which the person could have been dealt
with for the contravention if —
(i)
the community service order had not been made or the bond
had not been entered into; and
(ii)
the person was before the court under section 205SB in
respect of the contravention.
(4) In dealing with
the person as mentioned in subsection (3)(b), the court must, in addition to
any other matters that it considers should be taken into account, take into
account —
(a) the
fact that the community service order was made or the bond was entered into;
and
(b)
anything done under the community service order or pursuant to the bond; and
(c) any
fine imposed, and any other order made, for or in respect of the
contravention.
[Section 205SF inserted: No. 35 of 2006 s. 101.]