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Mental Health and Cognitive Impairment Forensic Provisions Act 2020
16Failure of defendant to comply with condition of order
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#### 16 Failure of defendant to comply with condition of order
16 Failure of defendant to comply with condition of order
> > (1) If a Judge of the Local Court suspects that a defendant has failed to comply with a condition of an order under section 14, the Judge may, within 12 months of the order being made, order the defendant to appear before the Judge.
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> > (2) If the defendant fails to appear, the Judge may—
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> > > (a) issue a warrant for the defendant’s arrest, or
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> > > (b) authorise an authorised officer to issue a warrant for the defendant’s arrest.
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> > (3) If at the time the Judge proposes to make an order under subsection (1) the Judge is satisfied that the location of the defendant is unknown, the Judge may immediately—
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> > > (a) issue a warrant for the defendant’s arrest, or
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> > > (b) authorise an authorised officer to issue a warrant for the defendant’s arrest.
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> > (4) If a Judge of the Local Court discharges a defendant subject to a condition under an order, and the defendant fails to comply with the condition within 12 months of the discharge, the Judge may deal with the charge as if the defendant had not been discharged.
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> **s 16:** Am 2025 No 61, Sch 2.64\[2\] \[5\].