Australian Capital Territory Consolidated Acts

CRIMES (SENTENCE ADMINISTRATION) ACT 2005 - SECT 69

    (1)     This section applies if—

        (a)     the director-general applies to the board under section 59 (Failing to perform periodic detention—referral to board) for an inquiry in relation to an offender; and

        (b)     at the inquiry, the board decides that section 58 (Failing to perform periodic detention—extension of periodic detention period) applies to the offender in relation to 2 or more detention periods of the offender's periodic detention period.

Examples of s 58 applying to offender

1 or more of the following apply to the offender:

              •     without approval under section 55 (Periodic detention—approval not to perform etc), the offender fails to report to perform periodic detention for a detention period

              •     without approval under section 55 (Periodic detention—approval not to perform etc), the offender reports late to perform detention for a detention period and is directed under section 58 not to perform periodic detention and to leave the reporting place

              •     when reporting to perform periodic detention for a detention period, the offender gives a positive test sample in response to a direction under section 45 (Periodic detention—alcohol and drug tests) and is directed under section 58 not to perform periodic detention and to leave the reporting place

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (2)     The board must, as soon as practicable, cancel the offender's periodic detention under section 68.

    (3)     To remove any doubt, this section does not limit the circumstances in which the board may cancel the offender's periodic detention under section 68.