Document ID: chunk:federal_register_of_legislation:C2025C00132:section:19b:p2
Version: federal_register_of_legislation:C2025C00132
Segment Type: section
Provision Reference: s 19B (pt 2/3)
Character Range: 908336–910747

directions of a probation officer so appointed.
 (1A) However, the court must not take into account under subsection (1) any form of customary law or cultural practice as a reason for:
 (a) excusing, justifying, authorising, requiring or lessening the seriousness of the criminal behaviour to which the offence relates; or
 (b) aggravating the seriousness of the criminal behaviour to which the offence relates.
 (1B) In subsection (1A):
criminal behaviour includes:
 (a) any conduct, omission to act, circumstance or result that is, or forms part of, a physical element of the offence in question; and
 (b) any fault element relating to such a physical element.
 (2) Where a court proposes to discharge a person in pursuance of an order made under subsection (1), it shall, before making the order, explain or cause to be explained to the person, in language likely to be readily understood by him or her:
 (a) the purpose and effect of the proposed order;
 (b) the consequences that may follow if he or she fails, without reasonable cause or excuse, to comply with the conditions of the proposed order; and
 (c) that any recognizance given in accordance with the order may be discharged or varied under section 20AA.
 (2A) A person is not to be imprisoned for a failure to pay an amount required to be paid under an order made under this section.
 (3) Where a charge or charges against a person is or are dismissed, or a person is discharged, in pursuance of an order made under subsection (1):
 (a) the person shall have such rights of appeal on the ground that he or she was not guilty of the offence or offences concerned with which he or she was charged as he or she would have had if the court had convicted him or her of the offence or offences concerned; and
 (b) there shall be such rights of appeal in respect of the manner in which the person is dealt with for the offence or offences concerned as there would have been if:
 (i) the court had, immediately before so dealing with him or her, convicted him or her of the offence or offences concerned; and
 (ii) the manner in which he or she is dealt with had been a sentence or sentences passed upon that conviction.
 (4) Where a person is discharged in pursuance of an order made under subsection (1), the court shall, as soon as practicable, cause the order to be reduced to writing and a copy of the order to be given to, or served on, the person.