Document ID: chunk:federal_register_of_legislation:C2004A03930:body:0:p15
Version: federal_register_of_legislation:C2004A03930
Segment Type: other
Provision Reference: 
Character Range: 34301–36868

(with or without surety or security) that he or she will attend before the court on a date, at a time and at a place specified by the magistrate; or

    (b) direct that the person be kept in custody in accordance with the warrant.

"(6) If:

    (a) on entering into a recognizance, the person is released pursuant to an order made by a magistrate under paragraph (5) (a); and

    (b) the person fails to attend before the court as required by the recognizance;

the court may, on proof of the entering into of the recognizance, issue a warrant for the arrest of the person.

"(7) If:

    (a) in accordance with this section, the person is brought before the court; and

    (b) the court (whether or not constituted by the judge or magistrate who imposed the sentence or made the order) is satisfied that the person has, without reasonable excuse, failed to comply with the

     sentence or order or with any requirements made in relation to the sentence or order by or under the applied provisions;

the court may take action under subsection (8).

"(8) The court may:

    (a) without prejudice to the continuance of the sentence or order, impose a fine not exceeding $1,000 on the person; or

    (b) revoke the sentence or order and, subject to subsection (9), deal with the person, for the contravention in respect of which the sentence was passed or the order was made, in any manner in which he or she could have been dealt with for that contravention if:

(i) the sentence had not been imposed, or the order had not been made; and

(ii) the person was before the court under section 112ad in respect of the contravention.

"(9) In dealing with the person as mentioned in paragraph (8) (b), the court shall, in addition to any other matters that it considers should be taken into account, take into account:

    (a) the fact that the sentence was imposed or the order was made;

    (b) anything done under the sentence or order; and

    (c) any fine imposed, and any other order made, for or in respect of the contravention.

"(10) A warrant issued under subsection (2), (3) or (6) in relation to the person shall authorise:

    (a) the arrest of the person;

    (b) the bringing of the person before the court as soon as practicable after his or her arrest; and

    (c) the detention of the person in custody until he or she is released by order of the court, or in accordance with subsection (5).

Compensatory access orders

"112aj. The order that may be made by a court pursuant to paragraph 112ad (2) (g) is an order giving a person such access