42ARCommencement of operational period of community correction order

42AR Commencement of operational period of community correction order

[Section 42AR Inserted by No. 51 of 2017, s. 15, Applied:14 Dec 2018]

(1)  Subject to subsection (4) , a court that makes a community correction order must specify in the order when the operational period of the order commences.

(2)  For the purposes of subsection (1) , a court may specify in a community correction order that the operational period of the order commences –

(a) on the day on which the order is made or a later day specified in the order; or

(b) when the operational period of a home detention order in relation to the offender ceases; or

(c) when the offender lawfully ceases to be imprisoned under a sentence of imprisonment that has not been wholly suspended.

(3)  If a sentence of imprisonment has been imposed on an offender by a court and the sentence has not been wholly suspended, the court may not specify in a community correction order that the operational period of the order commences on a day that is to occur during a period when the offender would be in prison or in detention.

(4)  A court may specify, in a community correction order in relation to an offender, an operational period of the order that is to commence before, during or after the operational period of a home detention order in relation to the offender.