Victorian Numbered Acts

SERIOUS OFFENDERS ACT 2018 (NO. 27 OF 2018) - SECT 75

    (1)     The DPP may apply to the Supreme Court for an interim detention order in respect of an eligible offender who is the subject of—

        (a)     an application under section 61 for a detention order; or

        (b)     an application under section 71 for the renewal of a detention order.

    (2)     An application under subsection (1) is commenced by filing a notice of application in accordance with the rules of court, if any.

    (3)     As soon as practicable after an application under subsection (1) is commenced, the DPP must serve on the offender—

        (a)     a copy of the notice of application; and

        (b)     a notice (in the prescribed form, if any) setting out—

              (i)     the rights of an offender in relation to the application, including rights of appeal; and

              (ii)     the procedure for the hearing and determination of the application; and

              (iii)     the nature of an interim detention order.

    (4)     An application under subsection (1) may be commenced at the same time as an application under section 61 or 71 or at any later time before the application under section 61 or 71 is determined.

    (5)     An application under subsection (1) must be discontinued if the offender ceases to be an eligible offender by reason of section 8(4).

    (6)     An application for an interim detention order may be made more than once in respect of an eligible offender.

Notes

1     See section 342 for service of documents.

2     See section 124 for exclusion of evidence from disclosure to an offender.

3         See Part 10 for the procedure relating to an application.