(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.]