13Good behaviour orders

13 Good behaviour orders (1) This section applies if an offender is convicted or found guilty of an Note If a good behaviour order is made without convicting the offender (see s 17), it is also a non-conviction order (see s 17 (2)). (2) The court may make an order (a good behaviour order) requiring the offender to sign or give an undertaking to comply with the offender’s good behaviour obligations under the Crimes (Sentence Administration) Act 2005 for a stated period. (3) An undertaking— (a) may be signed or given before the court; and (b) if given before the court, must be recorded by the court. (4) A good behaviour order may include 1 or more of the following conditions: (a) that the offender give security for a stated amount, with or without sureties, for compliance with the order; Note This paragraph does not apply to a young offender (see s 133M). (b) a community service condition; Note A community service condition must not be included in the order unless the offender is convicted of the offence (see s 87). (c) a rehabilitation program condition; Note A good behaviour order that includes a rehabilitation program condition must also include a probation condition or supervision condition (see s 95 and s 133V). (d) a probation condition; (e) that the offender comply with a reparation order; (f) a condition prescribed by regulation for this paragraph; (g) any other condition, not inconsistent with this Act or the Crimes (Sentence Administration) Act 2005, that the court considers Examples of conditions for par (g) 1 that the offender undertake medical treatment and supervision (eg by taking medication and cooperating with medical assessments) 2 that the offender supply samples of blood, breath, hair, saliva or urine for alcohol or drug testing if required by a corrections officer 3 that the offender attend educational, vocational, psychological, psychiatric or other programs or counselling 4 that the offender not drive a motor vehicle or consume alcohol or non-prescription drugs or medications 5 that the offender regularly attend alcohol or drug management programs Note See s 133M for additional conditions available for young offenders (education and training conditions and supervision conditions). (5) If the offence is punishable by imprisonment, a good behaviour order— (a) may be made instead of imposing a sentence of imprisonment or as part of a combination sentence that includes imprisonment; and (b) may apply to all or part of the term of the sentence. (6) Subsection (5) does not, by implication, limit the sentences that a court may impose under this Act or another territory law. (7) If the good behaviour order includes a community service condition, it is a community service order. (8) If the good behaviour order includes a rehabilitation program condition, it is a rehabilitation program order. (9) This section is subject to chapter 6 (Good behaviour orders).