160Contravention of community work permit

160 Contravention of community work permit (1) An infringement offender who is subject to a community work permit must not contravene a condition of that permit unless the infringement offender has a reasonable excuse. Penalty: 10 penalty units. (2) Subsection (1) does not apply to a condition of a community work permit under section 152(b). (3) An infringement offender referred to in subsection (1) may be proceeded against on a charge-sheet filed in the Magistrates' Court by a prescribed person or a member of a prescribed class of person. (4) A proceeding for an offence under subsection (1) may be commenced at any time up until 3 years after the date on which the offence is alleged to have been committed. (5) Despite anything to the contrary in the **Criminal Procedure Act 2009**— (a) on the filing of a charge-sheet referred to in subsection (3), an application under section 12 of that Act for the issue of a summons to answer to the charge or a warrant to arrest may be made to the registrar at any venue of the Magistrates' Court; and (b) a summons to answer to the charge issued on an application referred to in paragraph (a) must direct the infringement offender to attend at the Magistrates' Court to answer the charge; and (c) a warrant to arrest issued on an application referred to in paragraph (a) authorises the person to whom it is directed to bring the infringement offender when arrested before the Magistrates' Court to be dealt with under Part 14. (6) On the hearing of a charge the Magistrates' Court, in addition to imposing a fine may— (a) vary the community work permit; or (b) confirm the community work permit; or (c) cancel the community work permit (if it is still in force) and, whether or not it is in force, subject to subsection (7), deal with the infringement offender in accordance with section 165. (7) In determining how to deal with an infringement offender following the cancellation by it of a community work permit, the Magistrates' Court must take into account the extent to which the infringement offender had complied with the community work permit before its cancellation. (8) A fine imposed under this section— (a) does not affect the continuance of the community work permit, if it is still in force; and (b) must be taken for all purposes to be a fine payable on a conviction for an offence.