Victorian Numbered Acts Victorian Numbered ActsFor sections 83AG to 83AQ of the Sentencing Act 1991 substitute —
(1) A proceeding for an offence under section 83AB, 83AC, 83AD, 83AE or 83AF is commenced by filing a charge-sheet in the Magistrates' Court.
(2) A charge-sheet must be filed under subsection (1) by—
(a) the Director of Public Prosecutions; or
(b) a crown prosecutor within the meaning of the Criminal Procedure Act 2009 ; or
(c) a member of staff of the Office of Public Prosecutions who is a legal practitioner; or
(d) a member of the police force; or
(e) a prescribed person; or
(f) a member of a prescribed class of person; or
(g) the Secretary—
as the case requires.
(3) Subject to this Act, a proceeding commenced under this Division is to be in accordance with the provisions of and regulations and rules made under—
(a) the Criminal Procedure Act 2009 ;
(b) the Bail Act 1977 ;
(c) the Magistrates' Court Act 1989 —
with any necessary modifications, and in particular with the modification that a reference to a person accused of an offence or an accused person, is taken to be a reference to the offender.
(4) In particular, without limiting subsection (3), section 12 of the Criminal Procedure Act 2009 applies to a proceeding commenced under this section with the modification that a reference to section 6 is taken to be a reference to section 83AG of this Act.
(1) A proceeding for an offence under section 83AB, 83AC or 83AD must be commenced—
(a) if the contravention is constituted by the offender committing another offence punishable by imprisonment while the order is in force, within 6 months after the person is convicted or found guilty of the later offence, subject to subsection (2); or
(b) if the contravention is not constituted by the offender committing another offence punishable by imprisonment while the order is in force, within 1 year after the order ceases to be in force.
(2) A proceeding for an offence under section 83AB, 83AC or 83AD to which subsection (1)(a) applies must not be commenced more than 2 years after the order ceases to be in force.
Note
The time limit for the commencement of a proceeding for a summary offence under section 7 of the Criminal Procedure Act 2009 applies to an offence against section 83AE or 83AF.
(1) A summons issued for the purposes of a proceeding commenced under section 83AG for an offence under section 83AB, 83AC or 83AD must direct the offender to attend to answer to the charge—
(a) at the proper venue of the Magistrates' Court, if the order that is the subject of the offence was made by the Magistrates' Court; or
(b) at the Supreme Court or the County Court, if the order that is the subject of the offence was made by either court.
(2) A warrant to arrest issued for the purposes of a proceeding commenced under section 83AG for an offence under section 83AB, 83AC or 83AD must—
(a) be issued in accordance with Part 4 of the Magistrates' Court Act 1989 ; and
(b) authorise the person to whom it is directed to bring the offender when arrested before a bail justice or the sentencing court to be dealt with according to law.
(1) If a proceeding is commenced under section 83AG for an offence under section 83AB, 83AC or 83AD, and the Magistrates' Court did not make the order that is the subject of the offence, the Magistrates' Court must order that the proceeding be transferred to the appropriate venue of the sentencing court.
(2) An order made under subsection (1) that transfers a proceeding takes effect—
(a) if a summons has been issued under section 83AI(1) on the filing of the evidence of service of the summons in the sentencing court; or
(b) if a warrant to arrest has been issued under section 83AI(2) on the execution of the warrant against the offender.
(3) The Magistrates' Court under subsection (1) may be constituted by a proper officer of the court.
(4) If a proceeding is transferred to the Supreme Court or the County Court under subsection (1) it may be heard and determined without a jury and in accordance with Chapter 3 of the Criminal Procedure Act 2009 subject to any modifications as set out in the rules of the court.
If a proceeding is transferred under section 83AJ and an offender does not attend before the sentencing court—
(a) in accordance with his or her undertaking of bail; or
(b) in answer to a summons which has been served—
the sentencing court may issue a warrant to arrest the offender.
(1) If in a proceeding before the Supreme Court or the County Court (the "relevant sentencing court")—
(a) an offender is before the relevant sentencing court and is convicted or found guilty of the offence that is the subject of the proceeding; and
(b) the conviction or finding of guilt constitutes a contravention of an order (the original order ) under this Act applying to the offender, in respect of which a charge-sheet may be filed for an offence under section 83AB, 83AC or 83AD; and
(c) the original order was made by the relevant sentencing court—
despite anything to the contrary in this Division, the proceeding for the offence under section 83AB, 83AC or 83AD may be commenced by filing a charge-sheet in the relevant sentencing court.
(2) If a charge-sheet is filed in the relevant sentencing court under subsection (1) it must be filed by—
(a) the Director of Public Prosecutions; or
(b) a crown prosecutor within the meaning of the Criminal Procedure Act 2009 ; or
(c) a member of staff of the Office of Public Prosecutions who is a legal practitioner; or
(d) a member of the police force; or
(e) a prescribed person; or
(f) a member of a prescribed class of person; or
(g) the Secretary—
as the case requires.
(3) The relevant sentencing court may hear and determine the charge for the offence under section 83AB, 83AC or 83AD without a jury and in accordance with Chapter 3 of the Criminal Procedure Act 2009 , subject to any modifications as set out in the rules of the relevant sentencing court.
(1) If in a proceeding before the Supreme Court or the County Court (the "relevant sentencing court")—
(a) an offender is before the relevant sentencing court and is convicted or found guilty of the offence that is the subject of the proceeding; and
(b) the conviction or finding of guilt constitutes a contravention of an order (the original order ) under this Act applying to the offender, in respect of which a charge-sheet may be filed for an offence under section 83AB, 83AC or 83AD; and
(c) the original order was made by the Magistrates' Court—
despite anything to the contrary in this Division, the relevant sentencing court may proceed to hear and determine the proceeding for the offence under section 83AB, 83AC or 83AD as if it were an unrelated summary offence within the meaning of section 243 of the Criminal Procedure Act 2009 .
(2) Section 243 of the Criminal Procedure Act 2009 applies to the proceeding for the offence under section 83AB, 83AC or 83AD—
(a) subject to any modifications as set out in the rules of the relevant sentencing court; and
(b) with any other necessary modifications.".