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8 Contravention—pre-existing home detention orders
(1)An offender who is subject to a pre-existing home detention order must not, unless that person has a reasonable excuse, commit a serious contravention of that order. Penalty: 3 months imprisonment.
(2)This clause does not apply to a contravention of a pre-existing home detention order—
(a)that occurs before the commencement of section 43 of the Sentencing Amendment (Community Correction Reform) Act 2011; or
(3)Subject to this clause, Divisions 1 and 2 of Part 3C apply to an offence under this clause as if any reference in Divisions 1 and 2 of that Part to an offence under section 83AD were a reference to an offence under this clause.
(4)If in a proceeding for an offence under this clause, the court finds the person guilty of the offence the court must (in addition to sentencing the offender for the offence)—
(a)whether or not the order has expired, confirm the order that was contravened and if necessary to enable the offender to perform the remaining period and conditions of the order, vary the duration and dates of the order; or
(b)cancel the order (if it is still in force) and, whether or not it is still in force, commit the offender to prison for the portion of the term of imprisonment to which he or she was sentenced that was unexpired at the date on which the contravention occurred.
(5)The court must make an order under subclause (4)(b), unless the court is of the opinion that it would be unjust to do so in view of any exceptional circumstances which have arisen since the order that was contravened was made.
(6)If the court decides not to exercise the power under subclause (4)(b) it must state its reasons for doing so in writing.
(7)If the court, under subclause (4)(b), orders the offender to serve in prison the unexpired portion of the term of imprisonment, the offender must serve the term of imprisonment—
(a)immediately; and
(b)unless the court otherwise orders, cumulatively on any other term of imprisonment previously imposed on the offender by that or any other court.
(8)In this clause—pre-existing home detention order means a home detention order made before the commencement of section 43 of the Sentencing Amendment (Community Correction Reform) Act 2011; serious contravention means—
(a)a contravention that compromises the safety and security of the community, any person residing with the offender or the offender's family; or
(c)a contravention that involves non-compliance with an order made under section 84 or 86(1); or
(d)a contravention that occurs after repeated failure to comply with the conditions of the order; or
(e)a contravention of a core condition of the home detention order set out in section 26U(d) or (e) (as in force before their repeal by the Sentencing Legislation Amendment (Abolition of Home Detention) Act 2011).