sec.240General options available on breach of order

### sec.240 General options available on breach of order This section applies if— a complaint is made under section 238 that a child has breached a community based order; and the child appears before a Childrens Court magistrate; and the magistrate is satisfied beyond reasonable doubt the contravention has happened. If the order was made by a Childrens Court magistrate, the magistrate may take the following action— for an order other than a conditional release order—any action allowed under section 245 ; for a conditional release order—any action allowed under section 246 or 246A . If the order was made by a higher court, the magistrate may take the following action— if the magistrate considers that, having regard to the circumstances of the contravention, the order should be discharged and the child dealt with for the offence in respect of which the order was made—order the child to appear before the higher court; otherwise— for an order other than a conditional release order—any action under section 245 other than section 245 (1) (d) (ii) ; or for a conditional release order—deal with the child under section 246 (3) or 246A (3) . If the magistrate orders the child to appear before the higher court, the magistrate may commit the child to custody or release the child under part 5 to be brought or to appear before the higher court. In this section— higher court means the Supreme Court or a Childrens Court judge. s 240 ins 2002 No. 39 s 98 amd 2012 No. 41 s 28 ; 2014 No. 9 s 15A ; 2016 No. 38 s 35 ; 2023 No. 3 s 23 (sec.240-ssec.1) This section applies if— a complaint is made under section 238 that a child has breached a community based order; and the child appears before a Childrens Court magistrate; and the magistrate is satisfied beyond reasonable doubt the contravention has happened. (sec.240-ssec.2) If the order was made by a Childrens Court magistrate, the magistrate may take the following action— for an order other than a conditional release order—any action allowed under section 245 ; for a conditional release order—any action allowed under section 246 or 246A . (sec.240-ssec.3) If the order was made by a higher court, the magistrate may take the following action— if the magistrate considers that, having regard to the circumstances of the contravention, the order should be discharged and the child dealt with for the offence in respect of which the order was made—order the child to appear before the higher court; otherwise— for an order other than a conditional release order—any action under section 245 other than section 245 (1) (d) (ii) ; or for a conditional release order—deal with the child under section 246 (3) or 246A (3) . (sec.240-ssec.4) If the magistrate orders the child to appear before the higher court, the magistrate may commit the child to custody or release the child under part 5 to be brought or to appear before the higher court. (sec.240-ssec.5) In this section— higher court means the Supreme Court or a Childrens Court judge. - (a) a complaint is made under section 238 that a child has breached a community based order; and - (b) the child appears before a Childrens Court magistrate; and - (c) the magistrate is satisfied beyond reasonable doubt the contravention has happened. - (a) for an order other than a conditional release order—any action allowed under section 245 ; - (b) for a conditional release order—any action allowed under section 246 or 246A . - (a) if the magistrate considers that, having regard to the circumstances of the contravention, the order should be discharged and the child dealt with for the offence in respect of which the order was made—order the child to appear before the higher court; - (b) otherwise— (i) for an order other than a conditional release order—any action under section 245 other than section 245 (1) (d) (ii) ; or (ii) for a conditional release order—deal with the child under section 246 (3) or 246A (3) . - (i) for an order other than a conditional release order—any action under section 245 other than section 245 (1) (d) (ii) ; or - (ii) for a conditional release order—deal with the child under section 246 (3) or 246A (3) . - (i) for an order other than a conditional release order—any action under section 245 other than section 245 (1) (d) (ii) ; or - (ii) for a conditional release order—deal with the child under section 246 (3) or 246A (3) .