Document ID: chunk:federal_register_of_legislation:C2004A00736:clause:1_70nn:p1
Version: federal_register_of_legislation:C2004A00736
Segment Type: clause
Provision Reference: sch 1 cl 70NN (pt 1/2)
Character Range: 31470–33987

70NN  Procedure for enforcing community service orders or bonds

 (1) If a court makes a community service order under paragraph 70NJ(3)(a) in respect of a person, or an order under paragraph 70NJ(3)(b) requiring a person to enter into a bond in accordance with section 70NM, the following provisions have effect.

 (2) If an information is laid before a magistrate, whether before or after the end of the period for which the community service order or the bond is to operate, or operated, alleging that the person has, without reasonable excuse, contravened the order or bond, the magistrate may:
 (a) issue a summons directing the person to appear, on a date, at a time and at a place fixed in the summons, before the court; or
 (b) if the information is laid on oath or affirmation and the magistrate thinks that proceedings against the person by summons might not be effective—issue a warrant for the arrest of the person.

 (3) If:
 (a) the person is served with a summons issued under subsection (2); and
 (b) the person fails to attend before the court as required by the summons;
the court may, on proof of the service of the summons, issue a warrant for the arrest of the person.

 (4) If:
 (a) the person is arrested under a warrant issued under subsection (2), (3) or (6); and
 (b) the court is not sitting at the time of the arrest;
the person is to be brought before a magistrate.

 (5) The magistrate may:
 (a) order that the person be released from custody on his or her entering into a bond (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 bond under subsection (5), the person is released under an order made by a magistrate under paragraph (5)(a); and
 (b) the person fails to attend before the court as required by the bond;
the court may, on proof of the entering into of the bond, 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 made the community service order or required the bond to be entered into in accordance with section 70NM) is satisfied that the person has, without reasonable excuse, failed to comply with the order or bond;
the court may take action under subsection (8).

 (8) The court may:
 (a) without