NSWIn ForceAct
Children (Criminal Proceedings) Act 1987
41AProvisions applicable where control order suspended subject to good behaviour bond
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#### 41A Provisions applicable where control order suspended subject to good behaviour bond
41A Provisions applicable where control order suspended subject to good behaviour bond
> > (1) This section applies where the Children’s Court has, under section 33 (1B), suspended the execution of an order under section 33 (1) (g) and the person concerned has entered into a good behaviour bond.
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> > (2) Without limiting section 41, if a person is brought before a court and the court finds the person failed to comply with a condition of the good behaviour bond, the court must revoke the order made under section 33(1B)(b) unless the court is satisfied that—
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> > > (a) the person’s failure to comply with the conditions of the bond was trivial in nature, or
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> > > (b) there are good reasons for excusing the person’s failure to comply with the conditions of the bond.
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> > (3) If the court revokes an order under subsection (2)—
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> > > (a) the suspension of the execution of the order under section 33 (1) (g) ceases to have effect, and
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> > > (b) Part 4 of the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092) applies to the order under section 33 (1) (g), as if the order were a sentence of imprisonment being imposed following the revocation of the good behaviour bond, and section 24 of that Act applies in relation to the setting of a non-parole period under that Part.
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> > > (c) (Repealed)
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> > (4) The conditions of any such good behaviour bond may be varied under section 40 or in proceedings taken under section 41.
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> **s 41A:** Ins 1989 No 196, Sch 5 (2). Rep 1996 No 99, Sch 2.3 \[2\]. Ins 2000 No 43, Sch 2 \[4\]. Am 2002 No 90, Sch 3.1 \[2\]; 2008 No 54, Sch 1 \[46\]; 2024 No 81, Sch 3\[4\] \[5\].