Document ID: chunk:federal_register_of_legislation:C2004A03930:body:0:p14
Version: federal_register_of_legislation:C2004A03930
Segment Type: other
Provision Reference: 
Character Range: 31950–34503

the provisions of the laws of the State or Territory with respect to a sentence or order of that kind that is imposed or made under those laws shall, to the extent provided by the regulations and subject to such modifications as are specified in the regulations, apply in relation to the sentence or order.

"(6) In this section:

    'maximum period', in relation to a State or Territory, means 500 hours or such lesser period as is prescribed in relation to the State or Territory;

    'participating State' means a State in relation to which an agreement under section 112an is in force;

    'participating Territory' means a territory in relation to which an agreement under section 112an is in force.

Failure to comply with sentence passed, or order made, pursuant to paragraph 112ad (2) (d)

"112ah. (1) This section applies where a court has, pursuant to paragraph 112ad (2) (d):

(a) imposed a sentence on a person; or

(b) made an order directed to a person.

"(2) If an information is laid before a magistrate, whether before or after the end of the period for which the sentence or order is to operate, or

operated, alleging 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 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 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 pursuant to a warrant issued under subsection (2), (3) or (6); and

    (b) the court is not sitting at the time of the arrest;

the person shall be brought before a magistrate who may deal with the person under subsection (5).

"(5) The magistrate may:

    (a) order that the person is to be released from custody on his or her entering into a recognizance (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