Document ID: chunk:federal_register_of_legislation:C2004A02639:schedule:12:p16
Version: federal_register_of_legislation:C2004A02639
Segment Type: schedule
Provision Reference: sch 12 (pt 16/42)
Character Range: 41623–44400

omitting sub-section (1) and substituting the following sub-section:
     "(1) Where a person has entered into a recognizance in pursuance of an order made under sub-section 19b (1) or 20 (1), any of the following persons may apply to the court by which the order was made for the discharge of the recognizance or for a variation of its terms:
          (a) an authorized person;
          (b) the person who entered into the recognizance;
          (c) a surety for the person who entered into the recognizance;
          (d) a probation officer appointed in accordance with the order (in this section referred to as a 'probation officer')."; and
     (b) by omitting sub-sections (5) and (6) and substituting the following sub-sections:
     "(5) Where an application is made under sub-section (1) by an authorized person, the authorized person shall cause notice of the application and the date, time and place fixed for the hearing of the

      application, to be served on the person who entered into the recognizance in relation to which the application is made and—
          (a) if that person has a surety in respect of the recognizance—on the surety; and
          (b) if that person has a probation officer in respect of the recognizance—on the probation officer.
     "(6) Where an application is made under sub-section (1) by a person other than an authorized person, the person making the application shall cause notice of the application, and of the date, time and place fixed for the hearing of the application, to be served on the Crown Solicitor, or the Deputy Crown Solicitor in the State or Territory in which the application is made, and—
          (a) if the application is made by the person who entered into the recognizance and that person has a surety—on the surety;
          (b) if the application is made by a surety in respect of the recognizance—on the person who entered into the recognizance; or
          (c) if the application is made by a probation officer in respect of the recognizance—on the person who entered into the recognizance and, if that person has a surety in respect of the recognizance, on the surety.".

Failure to comply with sentence passed, or order made, under sub-section 20ab (1)
64. Section 20ac of the Principal Act is amended by omitting from sub-section (7) "shall, in so dealing with the person," and substituting ", in so dealing with the person, shall, in addition to any other matters that the court considers should be taken into account,".

Falsification of books or records by officers
65. Section 72 of the Principal Act is amended by omitting from paragraph (e) "property, or" and substituting "property; or".

PART XXIII—AMENDMENTS OF CRIMES AT SEA ACT 1979

Principal Act
66. The Crimes at Sea Act 197922