sec.245Court’s power on breach of a community based order other than a conditional release order

### sec.245 Court’s power on breach of a community based order other than a conditional release order A court that acts under this section may— for a probation order—extend the period of the order, but not so that the period by which the order is extended is longer than the period for which the order could be made under sections 175 (1) (d) , 175A (2) (a) , 176 (1) (a) and 180 (3) ; or for a graffiti removal order— increase the number of graffiti removal service hours but not so that the total number of hours is more than the number allowed under section 176A (3) or sections 194F to 194I ; or extend the period within which the graffiti removal service must be performed, but not so that the extended period ends more than 1 year after the court acts under this section; or for a restorative justice order—extend the period within which the child’s obligations under the order must be performed, but not so that the extended period ends more than 1 year after the court acts under this section; or for a community service order— increase the number of community service hours, but not so that the total number of hours is more than the number allowed under section 175 (1) (e) ; or extend the period within which the community service must be performed, but not so that the extended period ends more than 1 year after the court acts under this section; or for an intensive supervision order—extend the period of the order, but not so that the last day of the order is more than 6 months after the court acts under this section; or for any community based order— vary another requirement of the order other than the requirement that the child abstain from violation of the law; or discharge the order and resentence the child for the offence for which the order was made as if the child had just been found guilty before the court of that offence; or on the undertaking of the child to comply in all respects with the order, take no further action. The court may vary the community based order only if the child expresses a willingness to comply with the order as varied. An order under subsection (1) (a) , (aa) , (ab) , (b) or (c) may be made in conjunction with an order under subsection (1) (d) (i) . If the court decides to extend the period of the community based order, the court must have regard to the period for which the child has complied with the order. An order may be made under this section even though, at the time it is made, the community based order in relation to which the order is made is no longer in force because the period of the community based order has ended. For part 6 , division 9 , subdivision 4 , an order or decision mentioned in this section and made by a Childrens Court magistrate is a sentence order. In this section— community based order means a community based order other than a conditional release order. s 245 ins 2002 No. 39 s 98 amd 2012 No. 41 s 33 ; 2013 No. 31 s 90 ; 2014 No. 9 s 16 ; 2016 No. 38 s 40 ; 2016 No. 39 s 27 ; 2024 No. 54 s 29 (sec.245-ssec.1) A court that acts under this section may— for a probation order—extend the period of the order, but not so that the period by which the order is extended is longer than the period for which the order could be made under sections 175 (1) (d) , 175A (2) (a) , 176 (1) (a) and 180 (3) ; or for a graffiti removal order— increase the number of graffiti removal service hours but not so that the total number of hours is more than the number allowed under section 176A (3) or sections 194F to 194I ; or extend the period within which the graffiti removal service must be performed, but not so that the extended period ends more than 1 year after the court acts under this section; or for a restorative justice order—extend the period within which the child’s obligations under the order must be performed, but not so that the extended period ends more than 1 year after the court acts under this section; or for a community service order— increase the number of community service hours, but not so that the total number of hours is more than the number allowed under section 175 (1) (e) ; or extend the period within which the community service must be performed, but not so that the extended period ends more than 1 year after the court acts under this section; or for an intensive supervision order—extend the period of the order, but not so that the last day of the order is more than 6 months after the court acts under this section; or for any community based order— vary another requirement of the order other than the requirement that the child abstain from violation of the law; or discharge the order and resentence the child for the offence for which the order was made as if the child had just been found guilty before the court of that offence; or on the undertaking of the child to comply in all respects with the order, take no further action. (sec.245-ssec.2) The court may vary the community based order only if the child expresses a willingness to comply with the order as varied. (sec.245-ssec.3) An order under subsection (1) (a) , (aa) , (ab) , (b) or (c) may be made in conjunction with an order under subsection (1) (d) (i) . (sec.245-ssec.4) If the court decides to extend the period of the community based order, the court must have regard to the period for which the child has complied with the order. (sec.245-ssec.5) An order may be made under this section even though, at the time it is made, the community based order in relation to which the order is made is no longer in force because the period of the community based order has ended. (sec.245-ssec.6) For part 6 , division 9 , subdivision 4 , an order or decision mentioned in this section and made by a Childrens Court magistrate is a sentence order. (sec.245-ssec.7) In this section— community based order means a community based order other than a conditional release order. - (a) for a probation order—extend the period of the order, but not so that the period by which the order is extended is longer than the period for which the order could be made under sections 175 (1) (d) , 175A (2) (a) , 176 (1) (a) and 180 (3) ; or - (aa) for a graffiti removal order— (i) increase the number of graffiti removal service hours but not so that the total number of hours is more than the number allowed under section 176A (3) or sections 194F to 194I ; or (ii) extend the period within which the graffiti removal service must be performed, but not so that the extended period ends more than 1 year after the court acts under this section; or - (i) increase the number of graffiti removal service hours but not so that the total number of hours is more than the number allowed under section 176A (3) or sections 194F to 194I ; or - (ii) extend the period within which the graffiti removal service must be performed, but not so that the extended period ends more than 1 year after the court acts under this section; or - (ab) for a restorative justice order—extend the period within which the child’s obligations under the order must be performed, but not so that the extended period ends more than 1 year after the court acts under this section; or - (b) for a community service order— (i) increase the number of community service hours, but not so that the total number of hours is more than the number allowed under section 175 (1) (e) ; or (ii) extend the period within which the community service must be performed, but not so that the extended period ends more than 1 year after the court acts under this section; or - (i) increase the number of community service hours, but not so that the total number of hours is more than the number allowed under section 175 (1) (e) ; or - (ii) extend the period within which the community service must be performed, but not so that the extended period ends more than 1 year after the court acts under this section; or - (c) for an intensive supervision order—extend the period of the order, but not so that the last day of the order is more than 6 months after the court acts under this section; or - (d) for any community based order— (i) vary another requirement of the order other than the requirement that the child abstain from violation of the law; or (ii) discharge the order and resentence the child for the offence for which the order was made as if the child had just been found guilty before the court of that offence; or (iii) on the undertaking of the child to comply in all respects with the order, take no further action. - (i) vary another requirement of the order other than the requirement that the child abstain from violation of the law; or - (ii) discharge the order and resentence the child for the offence for which the order was made as if the child had just been found guilty before the court of that offence; or - (iii) on the undertaking of the child to comply in all respects with the order, take no further action. - (i) increase the number of graffiti removal service hours but not so that the total number of hours is more than the number allowed under section 176A (3) or sections 194F to 194I ; or - (ii) extend the period within which the graffiti removal service must be performed, but not so that the extended period ends more than 1 year after the court acts under this section; or - (i) increase the number of community service hours, but not so that the total number of hours is more than the number allowed under section 175 (1) (e) ; or - (ii) extend the period within which the community service must be performed, but not so that the extended period ends more than 1 year after the court acts under this section; or - (i) vary another requirement of the order other than the requirement that the child abstain from violation of the law; or - (ii) discharge the order and resentence the child for the offence for which the order was made as if the child had just been found guilty before the court of that offence; or - (iii) on the undertaking of the child to comply in all respects with the order, take no further action.