Document ID: chunk:federal_register_of_legislation:C2025C00132:section:20:p2
Version: federal_register_of_legislation:C2025C00132
Segment Type: section
Provision Reference: s 20 (pt 2/3)
Character Range: 913103–915813

in accordance with subsection 19AF(1); or
 (ii) if at least one of the offences is a Commonwealth child sex offence and the court is not satisfied that there are exceptional circumstances—after the person has served a specified period of imprisonment that is calculated in accordance with subsection 19AF(1); or
 (iii) if at least one of the offences is a Commonwealth child sex offence and the court is satisfied that there are exceptional circumstances—immediately.
 (1A) Subject to subsection (1B), if the court specifies under paragraph (1)(a) or (b), as mentioned in subparagraph (1)(a)(iv), the condition that the person will, during the specified period:
 (a) be subject to the supervision of a probation officer appointed in accordance with the order; and
 (b) obey all reasonable directions of the probation officer;
the court must also specify the condition that the person will not travel interstate or overseas without the written permission of the probation officer.
 (1B) If at least one of the offences the person is convicted of is a Commonwealth child sex offence, the court must specify under paragraph (1)(b), as mentioned in subparagraph (1)(a)(iv), the conditions that the person will, during the specified period:
 (a) be subject to the supervision of a probation officer appointed in accordance with the order; and
 (b) obey all reasonable directions of the probation officer; and
 (c) not travel interstate or overseas without the written permission of the probation officer; and
 (d) undertake such treatment or rehabilitation programs that the probation officer reasonably directs.
 (2) Where a court proposes to release a person by order made under paragraph (1)(a), 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, under an order made under subsection (1), to pay an amount by way of reparation, restitution or compensation or an amount in respect of costs.
 (3) Where a person is released in pursuance of an order made under subsection (1) without sentence being passed on him or her, there shall be such rights of appeal in respect of the manner in which the person is dealt with for the offence or each offence in respect of which the order is made as there would have been if the manner in which he or she is dealt with