39BCourt orders following breach

39B Court orders following breach (1) If a court is satisfied that an offender breached a condition of a community correction order, the court may: (a) if the order is still in force: (i) confirm the order; or (ii) vary the conditions of the order; or (iii) revoke the order and deal with the offender for the offence for which the order was made as if it had just found the offender guilty of the offence; or (iv) subject to subsection (2) – extend the period of the (v) confirm the discharge of the order and take no further action; or (b) if the order is no longer in force: (i) deal with the offender for the offence for which the order was made as if it had just found the offender guilty of the (ii) confirm the discharge of the order and take no further action. (2) For subsection (1)(a)(iv), the court may only extend the period of the order to provide for the order to be in force for no longer than 2 years in total. (3) For subsection (1)(b)(i), the court may, in dealing with the offender, take into account the extent to which the offender had complied with the order before the offender breached the condition of the (4) If an offender has breached a condition of a community correction order because the offender committed domestic violence, the court must take into account the matters mentioned in section 5(5) and (6) when considering the breach as if the court is sentencing the offender for an offence that involves domestic violence. (5) If the court revokes the order, or the order is no longer in force, and the court had made an order under section 25M or 25R of the Motor Vehicles Act 1949 for the offender (the MVA order), the court may revoke the MVA order. Sentencing Act 1995 22 (6) If the court revokes the MVA order for the offender and a licence was granted under the Motor Vehicles Act 1949 because of an application made under the MVA order: (a) the licence is cancelled; and (b) the court must give notice of the cancellation to the Registrar of Motor Vehicles; and (c) for the revocation of the MVA order made under section 25R of the Motor Vehicles Act 1949: (i) all disqualifications applying to the offender in relation to holding a licence, or the offender's ability to apply for a licence or renewal of a licence, under that Act when the MVA order was made are reinstated as if the MVA order had not been made; and (ii) the demerit points entered in the register against the offender's name for offences committed in the Territory that ceased to have effect under section 25S(1)(b) of that Act when the MVA order was made are again active demerit points for that Act. (7) To avoid doubt, the period from the making of the MVA order to its revocation must be disregarded in working out the reinstated disqualifications applying to the offender.