Victorian Numbered Acts

COURTS AND SENTENCING LEGISLATION AMENDMENT ACT 2012 (NO. 26 OF 2012) - SECT 15

After section 4D of the County Court Act 1958 insert —

        " 4DA     Circumstances in which Koori Court Division may deal with contravention of a sentence imposed by it or by another Division of the County Court

For the purposes of sections 4B(b) and (ba), the circumstances are—

        (a)     the accused is Aboriginal; and

        (b)     the offence to which the sentence relates is within the jurisdiction of the County Court, other than—

              (i)     a sexual offence as defined in section 6B(1) of the Sentencing Act 1991 ; or

              (ii)     a contravention of a family violence intervention order or a family violence safety notice under the Family Violence Protection Act 2008 or an offence arising out of the same conduct as that from which the contravention arose; and

        (c)     in the case of an offence constituted by a contravention of a sentence referred to in section 4B(b) or (ba), the accused pleads guilty to the offence; and

        (d)     the accused consents to the proceeding being dealt with by the Koori Court Division; and

        (e)     the Koori Court Division considers that it is appropriate in all the circumstances that the proceeding be dealt with by it.".