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Penal Code (Amendment) Act 2007

Commencement: 18 February 2008

REPUBLIC OF VANUATU

PENAL CODE (AMENDMENT)
ACT NO. 14 OF 2007

Arrangement of Sections

1. Amendment
2. Commencement

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REPUBLIC OF VANUATU

Assent: 24/12/2007
Commencement: 18/02/2008

PENAL CODE (AMENDMENT)
ACT NO. 14 OF 2007

An Act to amend the Penal Code Act [CAP 135].

Be it enacted by the President and Parliament as follows:

1 Amendment

The Penal Code Act [CAP 135] is amended as set out in the Schedule.

2 Commencement

This Act commences on the day on which it is published in the Gazette.

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SCHEDULE

AMENDMENTS OF THE PENAL CODE ACT [CAP 135]

1 Subsection 52(3)

After "imprisonment", insert "unless a sentence of supervision or community work is imposed as provided for under section 58G"

2 Subsection 58A(1)

Delete "300", substitute "400"

3 Subsection 58C(3)

Delete "sections 58P to", substitute "subsection 58N(2) to section"

4 Subsection 58D(1)

Repeal the subsection, substitute

"(1) If a person fails to pay a fine or cost resulting from either a court order, a contempt of court order, a child support or maintenance order, by the date set by the court, the Registrar of the Supreme Court or Magistrates Court may:

(a) refer the matter to the relevant Magistrate or Judge of the Supreme Court with a report on the circumstances of the case; or

(b) refer the matter to the relevant court, which if necessary, may issue a warrant for the person’s arrest."

5 Paragraph 58D (2)(a)

Repeal the paragraph, substitute

"(a) direct that more time be given to the defendant to pay the fine or cost resulting from a court order, a contempt of court order, a child support or maintenance order, on such conditions as may be directed by the relevant Magistrate or Judge; or"

6 Section 58G

Repeal the section, substitute

"58G POWER OF COURT TO IMPOSE A SUPERVISION ORDER OR A COMMUNITY ORDER IN ADDITION TO IMPOSING SUSPENDED SENTENCES OF MORE THAN 6 MONTHS

(1) Where a court imposes a suspended sentence of more than 6 months imprisonment, it may also impose either all or any of the following:

(a) a supervision order;

(b) a community work order.

(2) The supervision order must be for a period not exceeding the operational period of the suspended sentence.

(3) A community work order must not be greater than 200 hours in any one year."