AustLII Tasmanian Numbered Acts

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JUSTICE AND RELATED LEGISLATION (FURTHER MISCELLANEOUS AMENDMENTS) ACT 2009 (NO. 76 OF 2009) - SECT 31

Section 24 substituted

Section 24 of the Principal Act is repealed and the following section is substituted:

24.     Suspended sentence to be conditional

(1)  If a court makes an order suspending the whole or a part of a sentence of imprisonment, the order is subject to the following conditions during the period the order suspending the sentence of imprisonment is in force:
(a) that the offender does not commit another offence punishable by imprisonment;
(b) that the offender report within one clear working day to a probation officer at the place specified in the order;
(c) that the offender must not leave, or stay outside, the State without the permission of a probation officer;
(d) that the offender must notify a probation officer of a change in the offender's residence or employment before, or within 2 working days after, the change occurs.
(2)  In addition to the conditions specified in subsection (1) , an order suspending the whole or a part of a sentence of imprisonment may be subject to any one or more of the following conditions:
(a) that the offender is to perform community service;
(b) that the offender is subject to the supervision of a probation officer;
(c) that the offender is required to undertake a rehabilitation program;
(d) any other condition as the court considers necessary or expedient.
(3)  A condition imposed under subsection (1) or (2) may in itself be made subject to any condition as the court considers necessary or expedient.
(4)  If a suspended sentence is made conditional on the performance of community service, the following sections apply with such modifications as are necessary and, in particular, a reference to a community service order in those sections is taken to be a reference to the condition imposing community service:
(a) section 28(c) , (d) and (g) ;
(b) sections 30 , 31 , 32 and 33 ;
(c) section 34(a) ;
(d) section 36A .
(5)  If a suspended sentence is made conditional on supervision of the offender by a probation officer, the following sections apply with such modifications as are necessary and, in particular, a reference to a probation order in those sections is taken to be a reference to the condition imposing probation:
(a) section 37(1)(c) , (d) and (f) ;
(b) section 37(2) and (3) ;
(c) sections 38 , 39 and 40 .
(6)  Nothing in this section is intended to affect the operation of section 8(1) .



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