80ZGDEffect of appeal on resumption of sentence of home detention

1. This section applies if—

2. an offender has, on or after the commencement of this section, lodged an appeal against—
   1. a sentence of home detention imposed before or after that commencement; or
   2. the conviction on which that sentence is based; or
   3. both; and
3. the offender has been granted bail under section 53, or 54 of the Bail Act 2000; and
4. the outcome of the appeal is that—
   1. the appeal is dismissed; or
   2. the appeal is deemed pursuant to rules of court to be dismissed; or
   3. leave to appeal is refused; or
   4. neither the sentence of home detention nor the conviction on which it was made is set aside when the appeal is determined.

5. If this section applies,—

6. the court to which the appeal is made must specify a date on which the offender must report to a probation officer and that date must be not earlier than 10 working days after the outcome of the appeal is determined and must fall on a working day; and
7. the offender must report to a probation officer on that date; and
8. the sentence of home detention resumes when the offender has reported to the probation officer on that date.

9. If the offender has been on bail for more than 2 months, the probation officer must, before the sentence of home detention resumes,—

10. review the suitability of the home detention residence; and
11. ensure every relevant occupant consents, in accordance with section 26A(3), to the offender resuming the sentence at the home detention residence; and
12. if necessary, apply to the court for a variation or cancellation of the sentence under section 80F or obtain from the chief executive of the Department of Corrections a variation of the home detention residence under section 80FA.

13. This section does not apply if the offender is detained under a sentence of imprisonment.