Victorian Current Acts

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SENTENCING ACT 1991 - SECT 61

Application for variation or cancellation of order

    (1)     Any of the following persons may apply to the court which made an instalment order or time to pay order for the variation or cancellation of the order—

        (a)     the offender; or

        (b)     a prescribed person, or a member of a prescribed class of persons; or

        (c)     the Director of Public Prosecutions.

    (2)     An offender who has been fined by a court may apply to the proper officer of that court, in the manner prescribed by the rules of that court (if any), for a variation of the terms of an instalment order or a time to pay order.

    (3)     Subject to subsection (4), an application under subsection (1) or (2) may be made at any time while the order is in force.

    (4)     An application must be made before the commencement of a hearing under section 69D in respect of the fine.

S. 62 substituted by No. 32/2013 s. 47 (as amended by No. 77/2013 ss 45, 48).



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