Victorian Current Acts

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SENTENCING ACT 1991 - SECT 179

Interpretation of provisions relating to pre-sentence reports

    (1)     The court is taken to have ordered, received or considered (however described) a pre‑sentence report under section 8A, 10AA, 32 or 83A if the court has ordered, heard or considered an oral pre‑sentence report.

    (2)     Sections 8A, 8B, 10AA, 32 and 83A apply to oral pre-sentence reports as if—

        (a)     any reference to a pre-sentence report were a reference to an oral pre-sentence report; and

        (b)     any reference to the preparation or submission of a pre-sentence report were a reference to the giving of an oral pre-sentence report; and

        (c)     any reference to the author of a pre‑sentence report were a reference to the Secretary.

    (3)     If, due to the operation of this Part, the court orders, receives or considers an oral pre‑sentence report instead of a pre-sentence report, the following provisions do not apply in relation to the proceeding for the purposes of which the oral pre-sentence report is ordered, received or considered—

        (a)     section 8C;

        (b)     section 8D.

Division 4—Repeal of Part

S. 180 inserted by No. 11/2020 s. 42.



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