(1) A person who
breaches a CRO or community order without reasonable excuse, proof of which is
on the person, commits an offence.
(2) A prosecution for
an offence under subsection (1) may be commenced —
(a) in
the case of an alleged breach of a CRO, by the CEO (corrections), a police
officer, or a person referred to in section 80(2)(a) to (e) of the
Criminal Procedure Act 2004 ;
(b) in
the case of an alleged breach of a community order, only by the CEO
(corrections).
(3) Such a prosecution
may be commenced at any time up until 1 year after the CRO or community order
ceases to be in force.
[(4) deleted]
(5) If at the time of
an alleged offence under subsection (1) the alleged offender was under 18
years old, the Children’s Court is to hear and determine the charge.
[Section 131 amended: No. 59 of 2004 s. 141; No.
84 of 2004 s. 62 and 65; No. 65 of 2006 s. 49.]