Western Australian Numbered Acts Western Australian Numbered Acts (1) In this
section —
sentence —
(a)
imposed on an adult, means a sentence imposed under the Sentencing
Act 1995 section 39(2); and
(b)
imposed on a youth, means a sentence imposed under the Young Offenders
Act 1994 .
(2) Subject to
subsection (4) and section 17, a court that has sentenced a person
for an offence may, after imposing the sentence, make a PBO against the
person.
(3) The PBO may be
made —
(a) on
the application of the prosecutor under section 5; or
(b) on
the initiative of the court.
(4) A court must not
make a PBO against a person unless —
(a) the
court is satisfied that there are grounds for making the PBO under
section 8; and
(b) the
court has had regard to the matters set out in section 9 and, if
applicable, section 19; and
(c) the
person has reached 16 years of age; and
(d) the
person —
(i)
is present when the PBO is made and has been given an
opportunity to be heard on the question of whether or not the court should
make the PBO; or
(ii)
has personally been given a hearing notice at least
7 days before the PBO proceedings.