54AContravention of rehabilitation program order

### 54A Contravention of rehabilitation program order > [*\[Section 54A Inserted by No. 67 of 2004, Sched. 1, Applied:30 Mar 2005\]*](/view/html/inforce/2005-03-30/act-2004-067#JS1@Ja10@GC4@EN) [*\[Section 54A Substituted by No. 76 of 2009, s. 35, Applied:01 Jan 2011\]*](/view/html/inforce/2011-01-01/act-2009-076#GS35@EN) > > > (1)  If it appears to an authorised person that, during the period a rehabilitation program order is in force in relation to an offender, the offender has breached a condition of the rehabilitation program order, the authorised person may apply to the court, that made the rehabilitation program order, for an order under this section. > > > (2)  The authorised person must give notice of the application under [subsection (1)](#GS54A@Gs1@EN) to the offender. > > > (3)  [*\[Section 54A Subsection (3) substituted by No. 20 of 2013, s. 88, Applied:20 Jun 2013\]*](/view/html/inforce/2013-06-20/act-2013-020#GS88@EN) The court may issue a warrant for the arrest of the offender if – > > > > > > (a) the offender fails to appear at the hearing of the application; or > > > > > > > (b) the court is satisfied that reasonable efforts to give the offender notice of the application have been made but those efforts have been unsuccessful. > > > (4)  If a court finds an offender guilty of an offence punishable by imprisonment committed during the period a rehabilitation program order is in force in respect of the offender (in this section called the "**new offence**"), an authorised person – > > > > > > (a) may make an oral application to the court, while the offender is before the court in relation to the new offence, for an order under this section; and > > > > > > > (b) is to provide the offender in writing with the grounds for the oral application, if directed to do so by the court. > > > (5)  If an application is made under [subsection (4)](#GS54A@Gs4@EN) to a court that is not the court that imposed the rehabilitation program order on the offender, the court hearing the application may do either of the following: > > > > > > (a) deal with the application under this section; > > > > > > > (b) adjourn the application to the court that imposed the rehabilitation program order and either grant the offender bail or remand the offender in custody. > > > (6)  If, on the hearing of an application under this section, the court is satisfied that the offender has breached, without reasonable excuse, the rehabilitation program order or committed the new offence, the court may – > > > > > > (a) order the offender to resume undertaking the program; or > > > > > > > (b) cancel the rehabilitation program order and deal with the offender in any manner in which the court could deal with the offender had it just found the offender guilty of the offence which gave rise to the order. > > > (7)  In determining how to deal with an offender found guilty of a breach of a rehabilitation program order under this section, the court must take into account the extent to which the offender had undertaken the rehabilitation program before committing the breach.