86EOther transitional matters in respect of good behaviour bonds

86E Other transitional matters in respect of good behaviour bonds

86E Other transitional matters in respect of good behaviour bonds

(1) Application This clause applies in respect of a good behaviour bond entered into under section 9 (a section 9 bond) or section 10 (1) (b) (a section 10 bond) before their substitution by the amending Act.

(2) Previous breaches Subclause (3) applies if a breach of a good behaviour bond occurred or is suspected to have occurred before the commencement day and action under the sentencing legislation as in force before that 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 or conditional release order to which the bond 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 such an order made on or after that day.

(4) Intervention program conditions Subclause (5) applies if before the commencement day a court referred, under section 95B, an offender for assessment as to the suitability of the offender to participate in an intervention program and the report was received before, or is received on or after, that day.

(5) The court may, if it decides to make a community correction order or conditional release order in respect of the offender on or after that day, impose a further condition requiring the offender to participate in an intervention program and to comply with any intervention plan arising out of the program.

(6) Existing breach proceedings If any proceedings were pending before a court immediately before the repeal of section 98 of the Crimes (Sentencing Procedure) Act 1999 in respect of a breach of a section 9 bond or section 10 bond—

(a) the proceedings are to continue to be dealt with by the court, and

(b) the breach may be dealt with or continue to be dealt with on or after that day under sections 107C and 107D or sections 108C and 108D (as the case requires) of the Crimes (Administration of Sentences) Act 1999 in relation to the community correction order or conditional release order to which the bond is converted by the operation of this Schedule, and