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Penalties and Sentences Act 1992
sec.43MBanning order to be given to interested persons
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### sec.43M Banning order to be given to interested persons
A proper officer of the court that makes, amends or revokes a banning order for an offender must immediately—
reduce the order to writing in the approved form; and
give a copy of the order to—
if the prosecutor who appeared before the court when the banning order was made was a Crown prosecutor—the director of public prosecutions or someone authorised to accept the order on the director’s behalf; and
the offender; and
the chief executive (corrective services); and
give a copy of the order to the commissioner of the police service, or someone authorised to accept the order on the commissioner’s behalf, by fax, email or a similar facility.
Failure to comply with subsection (1) does not invalidate the order.
s 43M ins 2010 No. 51 s 55
(sec.43M-ssec.1) A proper officer of the court that makes, amends or revokes a banning order for an offender must immediately— reduce the order to writing in the approved form; and give a copy of the order to— if the prosecutor who appeared before the court when the banning order was made was a Crown prosecutor—the director of public prosecutions or someone authorised to accept the order on the director’s behalf; and the offender; and the chief executive (corrective services); and give a copy of the order to the commissioner of the police service, or someone authorised to accept the order on the commissioner’s behalf, by fax, email or a similar facility.
(sec.43M-ssec.2) Failure to comply with subsection (1) does not invalidate the order.
- (a) reduce the order to writing in the approved form; and
- (b) give a copy of the order to— (i) if the prosecutor who appeared before the court when the banning order was made was a Crown prosecutor—the director of public prosecutions or someone authorised to accept the order on the director’s behalf; and (ii) the offender; and (iii) the chief executive (corrective services); and
- (i) if the prosecutor who appeared before the court when the banning order was made was a Crown prosecutor—the director of public prosecutions or someone authorised to accept the order on the director’s behalf; and
- (ii) the offender; and
- (iii) the chief executive (corrective services); and
- (c) give a copy of the order to the commissioner of the police service, or someone authorised to accept the order on the commissioner’s behalf, by fax, email or a similar facility.
- (i) if the prosecutor who appeared before the court when the banning order was made was a Crown prosecutor—the director of public prosecutions or someone authorised to accept the order on the director’s behalf; and
- (ii) the offender; and
- (iii) the chief executive (corrective services); and