Victorian Numbered Acts

SERIOUS OFFENDERS ACT 2018 (NO. 27 OF 2018) - SECT 76

    (1)     On an application under section 75, the Supreme Court may make an interim detention order in respect of an eligible offender if—

        (a)     the court is satisfied that—

              (i)     an application under section 61 or 71 in respect of the offender has been commenced but not determined; and

              (ii)     either—

    (A)     the offender is no longer, or will not be, remanded in custody or serving a custodial sentence when the application under section 61 is determined; or

    (B)     the previous detention order has expired or will have expired before the application under section 71 is determined; and

        (b)     it appears to the court that the documents in support of the application under section 61 or  71 would, if proved, justify the making or renewal of a detention order; and

        (c)     the court is satisfied that it is in the public interest to make an interim detention order.

    (2)     On an application under section 75, the Supreme Court may make an interim supervision order if—

        (a)     the court is satisfied that an application under section 61 or 71 in respect of the offender has been commenced but not determined; and

        (b)     the court considers that an interim detention order is not justified; and

        (c)     it appears to the court that the documents in support of the application under section 75 would, if proved, justify the making of an interim supervision order; and

        (d)     the court is satisfied that it is in the public interest to make an interim supervision order.

    (3)     For the purposes of subsections (1)(c) and (2)(d), the Supreme Court must have regard to—

        (a)     the reason why the application under section 61 or 71 was not, or will not be, determined before the offender is released from custody or before the expiry of the previous detention order, as the case requires; and

        (b)     any other matter that the court considers appropriate.

    (4)     The Supreme Court may make no order in circumstances where it is empowered to make an interim detention order or an interim supervision order under this section.

    (5)     The Supreme Court may determine an application under section 75 even if—

        (a)     the offender has ceased to be an eligible offender because the custodial sentence has been served or has expired; or

        (b)     the offender is no longer subject to a supervision order or a detention order.