(1) If the
Children’s Court convicts a person of an offence under section 131(1)
the Court —
(a) if
it imposed the CRO or community order, may fine the person not more than $1
000 and may make an order under section 133;
(b) if a
superior court imposed the CRO or community order, may either —
(i)
fine the person not more than $1 000; or
(ii)
commit the person to the superior court that imposed the
CRO or community order and that court may fine the person not more than $1 000
and may make an order under section 133.
(2) If the Magistrates
Court convicts a person of an offence under section 131(1) the court —
(a) if
the Children’s Court imposed the CRO or community order, may fine the
person not more than $1 000 and may make an order under section 133 unless the
CRO or community order was imposed for an indictable offence in which case it
may either —
(i)
fine the person not more than $1 000; or
(ii)
commit the person to the Children’s Court and that
court may fine the person not more than $1 000 and may make an order under
section 133;
(b) if
the Magistrates Court imposed the CRO or community order, may fine the person
not more than $1 000 and may make an order under section 133;
(c) if a
superior court imposed the CRO or community order, may either —
(i)
fine the person not more than $1 000; or
(ii)
commit the person to the superior court that imposed the
CRO or community order and that court may fine the person not more than $1 000
and may make an order under section 133.
(3) A CRO or community
order is not cancelled by reason only of the imposition of a fine under
subsection (1) or (2).
(4) A court that under
subsection (1) or (2) commits a person to another court must certify that the
person has been convicted of an offence under section 131(1).
[Section 132 amended: No. 59 of 2004 s. 141.]