Victorian Current Acts Victorian Current ActsS. 83AG(1) amended by No. 32/2013 ss 15, 49(1).
(1) A proceeding for an offence under section 83AC, 83AD, 83ADA, 83ADB, 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
S. 83AG(2)(c) amended by No. 32/2013 s. 34(1).
(c) a member of staff of the Office of Public Prosecutions who is a lawyer; or
S. 83AG(2)(d) amended by No. 37/2014 s. 10(Sch. item 151.3).
(d) a police officer; or
S. 83AG(2)(da) inserted by No. 32/2013 s. 34(2).
(da) an informant in the proceeding for which the sentencing order was made that is the subject of the charge; 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.
S. 83AH inserted by No. 65/2011 s. 43, substituted by No. 26/2012 s. 62.