TASIn ForceAct
Sentencing Act 1997
42ARCommencement of operational period of community correction order
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### 42AR Commencement of operational period of community correction order
> [*\[Section 42AR Inserted by No. 51 of 2017, s. 15, Applied:14 Dec 2018\]*](/view/html/inforce/2018-12-14/act-2017-051#GS15@EN)
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> > (1) Subject to [subsection (4)](#GS42AR@Gs4@EN) , a court that makes a community correction order must specify in the order when the operational period of the order commences.
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> > (2) For the purposes of [subsection (1)](#GS42AR@Gs1@EN) , a court may specify in a community correction order that the operational period of the order commences –
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> > > > (a) on the day on which the order is made or a later day specified in the order; or
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> > > > (b) when the operational period of a home detention order in relation to the offender ceases; or
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> > > > (c) when the offender lawfully ceases to be imprisoned under a sentence of imprisonment that has not been wholly suspended.
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> > (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.
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> > (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.