86DOther transitional matters in respect of community service orders

86D Other transitional matters in respect of community service orders

86D Other transitional matters in respect of community service orders

(1) Application to community service orders This clause applies in respect of a community service order made under section 8 before its substitution by the amending Act.

(2) Previous breaches Subclause (3) applies if a breach of a community service order occurred or is suspected to have occurred before the substitution of section 8 by the amending Act and action under the sentencing legislation as in force before the commencement day had not been commenced or completed in respect of the breach.

(3) Action in respect of the breach may, on or after that day, be commenced or continued under the sentencing legislation in relation to the community correction order to which the order is converted by the operation of this Schedule in the same way as action may be taken in respect of a breach of an offender’s obligations under a community correction order made on or after that day.

(4) Pending extension applications If an application for the extension of the relevant maximum period for a community service order under section 114 of the Crimes (Administration of Sentences) Act 1999 was pending immediately before the commencement day—

(a) the application may be dealt with or continue to be dealt with by the court on or after that day, and

(b) the application is taken to be an application duly made under section 89 of this Act in respect of the relevant community service work condition of the community correction order (to which the community service order was converted by the operation of this Schedule), and

(c) the court may make any order under section 89 that it may make in respect of an application made under that section.

(5) Existing revocation applications If an application for the revocation of a community service order under section 115 of the Crimes (Administration of Sentences) Act 1999 was pending immediately before the commencement day—

(a) the application may be dealt with or continue to be dealt with by the court on or after that day, and

(b) in the case of an application made under section 115 (2) (a), the application is taken to be an application made, for the purposes of section 107C of that Act as amended by the amending Act, to revoke the community correction order to which the community service order is converted by the operation of this Schedule, and