42Variation of order conditionally suspending sentence

42 Variation of order conditionally suspending sentence (1) A court which has made an order wholly or partially suspending a sentence of imprisonment on certain conditions may, on application under this subsection, if satisfied that a circumstance in subsection (2) applies: (a) cancel the order and deal with the offender as if the offender had come before the court for sentence for the offence for which the order was made; or (b) vary the conditions of the order; or (c) confirm the order. (2) For subsection (1), the circumstances are: (a) the offender is not able to comply with a condition of the order because of a material change in the offender's circumstances; or (b) the offender has failed or is no longer willing to comply with a condition of the order. Sentencing Act 1995 25 (3) An application under subsection (1) may be made at any time by: (a) the offender; or (b) a prescribed person or a member of a prescribed class of persons; or (c) the prosecutor. (4) Notice of an application under subsection (1) must be given to: (a) the offender; and (b) where the sentencing court was: (i) the Supreme Court, the Director of Prosecutions; or (ii) the Local Court, the complainant or informant. (5) A court may order that a warrant be issued to arrest an offender (6) In deciding how to deal with the offender under subsection (1)(a), the court must take into account the extent to which the offender has complied with the order.