Victorian Current Acts Victorian Current ActsS. 83AL(1) amended by No. 32/2013 ss 19(1), 49(2).
(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
S. 83AL(1)(b) amended by No. 32/2013 ss 19(1), 49(2).
(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 83AC, 83AD, 83ADA or 83ADB; 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 83AC, 83AD, 83ADA or 83ADB 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
S. 83AL(2)(c) amended by No. 32/2013 s. 35(1).
(c) a member of staff of the Office of Public Prosecutions who is a lawyer; or
S. 83AL(2)(d) amended by No. 37/2014 s. 10(Sch. item 151.3).
(d) a police officer; or
S. 83AL(2)(da) inserted by No. 32/2013 s. 35(2).
(da) an informant in the proceeding for which the original 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.
S. 83AL(3) amended by No. 32/2013 ss 19(2), 49(2).
(3) The relevant sentencing court may hear and determine the charge for the offence under section 83AC, 83AD, 83ADA or 83ADB 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.
S. 83AM inserted by No. 65/2011 s. 43, substituted by No. 26/2012 s. 62.