Western Australian Current Acts

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SENTENCING ACT 1995 - SECT 62

62 .         CBO, nature of

        (1)         A CBO is an order —

            (a)         that if while the CBO is in force the offender commits another offence (in this State or elsewhere) the offender may be sentenced again for the offence to which the CBO relates; and

            (b)         that the offender —

                  (i)         must comply with such of the primary requirements in section 64 as the court imposes; and

                  (ii)         while any primary requirement in section 64 is in force, must comply with the standard obligations in section 63; and

                  (iii)         must comply with any direction imposed under an electronic monitoring requirement under section 67A.

        (2)         A court imposing a CBO must impose at least one of the primary requirements in section 64.

        (3)         An offender who —

            (a)         commits an offence during the term of his or her CBO is liable to be dealt with under Division 3 of Part 18;

            (b)         breaches his or her CBO is liable to be dealt with under Division 4 of Part 18.

        (4)         A CBO ceases to be in force when its term ends, or when a court cancels it, or when every primary requirement imposed ceases to be in force, whichever happens first.

        (5)         The term of a CBO must be set by the court and must be at least 6 months and not more than 24 months.

        (6)         The term of a CBO begins on the day the order is imposed.

        [Section 62 amended: No. 30 of 2020 s. 20.]



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