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Crimes (Sentence Administration) Act 2005
73Cancellation of intensive correction order—offender may
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73 Cancellation of intensive correction order—offender may
apply for order to be reinstated
(1) This section applies if the board decides to cancel an offender’s
intensive correction order.
(2) On application by the offender, the board may order that the
offender’s intensive correction order be reinstated if—
(a) following the cancellation of the order, the offender has served
at least 30 days of the offender’s sentence by imprisonment
under full-time detention; and
(b) the board—
(i) is satisfied by information provided by the offender that the
offender will comply with the offender’s intensive
correction order obligations; and
(ii) has considered an assessment by the director-general about
whether an intensive correction order is suitable for the
(3) If the board decides not to reinstate the offender’s intensive correction
order, the offender must not make another application under this
section within 6 months after the day the board makes the decision.
(4) However, if the offender believes there are exceptional
circumstances, the offender may apply to the board before the day
mentioned in subsection (3).
(5) The board may refuse an application under this section if—
(a) satisfied the application is frivolous, vexatious or misconceived;
or
(b) the board decided not to reinstate the offender’s intensive
correction order within the 6-month period before the
application was made.
(6) To remove any doubt, if an offender’s intensive correction order is
reinstated under this section, the period the offender served by
imprisonment under full-time detention is taken to be part of the
offender’s sentence of imprisonment by intensive correction.
Part 5.7 Intensive correction orders—amendment or discharge
Part 5.7 Intensive correction orders—
amendment or discharge
74 Court powers—amendment or discharge of intensive
correction order
(1) A court may, by order—
(a) amend an offender’s intensive correction order; or
(b) discharge an offender’s intensive correction order.
Example—par (a)
• impose an additional condition
• amend a condition
Note Amend includes omit or substitute (see Legislation Act, dict, pt 1).
(2) The court may act under this part—
(a) on referral by the board under section 64 (2) (d) (Board
powers—breach of intensive correction order obligations); or
(b) on application by an interested person.
(3) However, if the court is acting on referral by the board under
section 64 (2) (d), the court must consider any report given to the
court by the board about the offender before making the order.
(4) The amendment of the intensive correction order takes effect as stated
in the court order.
(5) This section is subject to section 75.
Intensive correction orders—amendment or discharge Part 5.7