sec.246ACourt’s power on breach of conditional release order—order made for prescribed indictable offence

### sec.246A Court’s power on breach of conditional release order—order made for prescribed indictable offence This section applies if the conditional release order was made in relation to a prescribed indictable offence. The court must revoke the conditional release order and order the child to serve the sentence of detention for which the conditional release order was made, unless the court considers there are special circumstances. If the court considers there are special circumstances— the court may act under section 246 (3) ; and section 246 (5) applies to the court; and section 246 (6) and (7) apply in relation to the order. For part 6 , division 9 , subdivision 4 , an order mentioned in subsection (2) and made by a Childrens Court magistrate is a sentence order. For the purposes of the Human Rights Act 2019 , section 43 (1) , it is declared that this section has effect— despite being incompatible with human rights; and despite anything else in the Human Rights Act 2019 . Under the Human Rights Act 2019 , section 45 (2) , this subsection expires 5 years after the commencement. s 246A ins 2023 No. 3 s 28 (4) exp 22 March 2028 (see s 246A(4)) (sec.246A-ssec.1) This section applies if the conditional release order was made in relation to a prescribed indictable offence. (sec.246A-ssec.2) The court must revoke the conditional release order and order the child to serve the sentence of detention for which the conditional release order was made, unless the court considers there are special circumstances. (sec.246A-ssec.3) If the court considers there are special circumstances— the court may act under section 246 (3) ; and section 246 (5) applies to the court; and section 246 (6) and (7) apply in relation to the order. (sec.246A-ssec.3A) For part 6 , division 9 , subdivision 4 , an order mentioned in subsection (2) and made by a Childrens Court magistrate is a sentence order. (sec.246A-ssec.4) For the purposes of the Human Rights Act 2019 , section 43 (1) , it is declared that this section has effect— despite being incompatible with human rights; and despite anything else in the Human Rights Act 2019 . Under the Human Rights Act 2019 , section 45 (2) , this subsection expires 5 years after the commencement. - (a) the court may act under section 246 (3) ; and - (b) section 246 (5) applies to the court; and - (c) section 246 (6) and (7) apply in relation to the order. - (a) despite being incompatible with human rights; and - (b) despite anything else in the Human Rights Act 2019 .