Document ID: chunk:federal_register_of_legislation:C2004A03935:body:0:p53
Version: federal_register_of_legislation:C2004A03935
Segment Type: other
Provision Reference: 
Character Range: 127899–130459

Where a person who is subject to an order under section 20bv is dealt with under subsection (1) for the offence in respect of which the order was made, the court must, in so dealing with the person, in addition to any other matters, take into account:

(a) the fact that the order was made; and

(b) anything done under the order; and

(c) any other order made in respect of the offence.

"(3) Where a person who has been released in accordance with an order under section 20bv is dealt with under subsection (1) for the offence in respect of which the order was made, the person has such rights of appeal in respect of the way in which the person was dealt with for that offence as the person would have if:

    (a) the court had, immediately before so dealing with the person, convicted the person of the offence; and

    (b) the manner in which the person is dealt with had been a sentence passed upon that conviction.

"(4) A pecuniary penalty imposed on a person under paragraph (1) (a) is to be treated, for the purposes of the laws of the Commonwealth, and of the States and Territories, with respect to the enforcement and recovery of

fines ordered to be paid by offenders, as a fine imposed on the person because of the person's conviction for an offence against a law of the Commonwealth.

Program probation orders

"20by. (1) Where a person is convicted in a State or Territory of a federal offence and the court before which the person is convicted is satisfied that:

(a) the person is suffering from an intellectual disability; and

(b) the disability contributed to the commission of the offence by the person; and

   (c) an appropriate education program or treatment is available for the person in that State or Territory;

the court may, without passing sentence on the person, order that the person be released, on condition that the person undertake the program or treatment specified in the order for a period specified in the order.

"(2) Subsections 20bv (2), (3) and (4) and sections 20bw and 20bx apply to a person in respect of whom an order has been made under subsection (1) of this section in the same way as they apply to a person in respect of whom an order has been made under subsection 20bv (1) and, for that purpose, references in those provisions to treatment have effect as if they were references to an education program or treatment of the kind referred to in subsection (1) of this section.

"Division 10—Miscellaneous".

Taking other offences into account

16. Section 21aa of the Principal Act is amended:

    (a)