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(1)An offender who is subject to an old intensive correction order must not, unless that person has a reasonable excuse, contravene that order. Penalty: 3 months imprisonment.
(2)Subclause (1) does not apply to a contravention of an old intensive correction order that occurs before the commencement of section 15 of the Sentencing Amendment (Community Correction Reform) Act 2011.
(3)Subject to subclause (4), Divisions 1 and 2 of Part 3C apply to an offence under subclause (1) 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 subclause (1).
(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 of the offence.
(5)If the person has been found guilty of a contravention of the old intensive correction order that was constituted, in whole or in part, by another offence punishable by imprisonment, 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.