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FAMILY COURT ACT 1997 - SECT 229

229 .         Sentencing alternatives — FLA s. 112AG

        (1)         In this section —

        Sentencing Act means the Sentencing Act 1995 .

        (2)         A sentencing alternative imposed on a person under section 226(3)(b) can be one of the following kinds —

            (a)         a community based order, within the meaning of the Sentencing Act, imposed in accordance with the provisions of Part 9 of that Act;

            (b)         an intensive supervision order, within the meaning of the Sentencing Act , imposed in accordance with the provisions of Part 10 of that Act.

        (3)         For the purposes of this Act —

            (a)         a reference in Part 9 or 10 of the Sentencing Act to an offence includes a reference to the contravention of an order; and

            (b)         a reference in Part 9 or 10 of the Sentencing Act to an offender is a reference to a person who contravened an order; and

            (c)         a reference in Part 9 or 10 of the Sentencing Act to an offender’s criminal behaviour is a reference to the behaviour of a person who contravened an order when contravening that order.

        (4)         A person who, under the Sentencing Act

            (a)         is the chief executive officer; or

            (b)         is a community corrections officer,

                has, for the purposes of this Act, the same functions as the person has under Part 9 or 10 of the Sentencing Act, unless a court orders otherwise.

        (5)         Where, under section 226(3)(b), a court proposes to impose a sentencing alternative of a kind referred to in this section on a person, the court must, before doing so, explain or cause to be explained to the person, in language likely to be readily understood by the person —

            (a)         the purpose and effect of the proposed sentencing alternative; and

            (b)         the requirements, obligations and conditions applicable to that person under the proposed sentencing alternative; and

            (c)         the consequences that may follow if the person fails to comply with the proposed sentencing alternative or with any requirement, obligation or condition applicable to that person under the proposed sentencing alternative; and

            (d)         how the proposed sentencing alternative may be discharged or varied.

        (6)         If, in the application of Part 9 or 10 of the Sentencing Act for the purposes of this Act, there is any inconsistency between the provisions of the Sentencing Act and this Act, the provisions of this Act prevail.

        [Section 229 amended: No. 25 of 2002 s. 22.]



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