Victorian Numbered Acts

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SERIOUS OFFENDERS ACT 2018 (NO. 27 OF 2018) - SECT 110

Application for review of condition of supervision order or interim supervision order

    (1)     The Secretary or the offender may at any time (including time during which the offender is remanded in custody or is serving a custodial sentence), with the leave of the court that made the order, apply to the court to review any condition of the supervision order or interim supervision order other than a core condition.

    (2)     An application may be accompanied by a certificate of available resources or a progress report or both.

    (3)     The court may grant leave under this section if the court is satisfied that—

        (a)     new facts or circumstances have arisen since the conditions were made that would justify the review; or

        (b)     it would generally be in the interests of justice, having regard to the purposes of the conditions and the manner or effect of their implementation, to review the conditions.

    (4)     Before determining whether to grant leave, the court may request a further certificate of available resources from the Secretary.

    (5)     The court must have regard to a certificate of available resources in considering the matters under subsection (3).



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