Victorian Current Acts

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Bond condition

    (1)     A court which is making a community correction order may attach a condition requiring an offender to pay an amount of money as a bond, the whole or part of which is subject to forfeiture if the offender fails to comply with the order.

    (2)     The court may attach a bond condition for the purpose of ensuring the compliance of the offender with the order.

    (3)     When attaching a bond condition the court must—

        (a)     have regard to adequacy of the financial circumstances of the offender as contained in the pre-sentence report to support the payment of the bond; and

        (b)     fix a time period for the payment of the bond by the offender.

    (4)     Any money paid by an offender under subsection (1)—

        (a)     must be paid to the court making the order; and

        (b)     despite any provision to the contrary in the Supreme Court Act 1986 , the County Court Act 1958 or the Magistrates' Court Act 1989 , must be held on trust by the Crown in a trust account established by the Minister under section 23 of the Financial Management Act 1994 until the money is required to be repaid or forfeited under this Act.

    (5)     If any interest is received from the investment of any money paid by an offender under subsection (1) the interest must be credited to the Consolidated Fund, whether or not any of the money is repaid to the offender under this section.

    (6)     If money paid under subsection (1) is to be repaid to an offender as a result of the making of an order to cancel or vary or otherwise deal with a community correction order or bond condition under section 48M(2) or 83AS(1), the Crown must repay the money to the offender within 7 days after the order is made, unless the court orders a longer period.

    (7)     The Crown must repay to the offender any money paid under subsection (1), that is not liable for forfeiture under section 83AS(4) and that subsection (6) does not apply to—

        (a)     3 months after the expiry of the order; or

        (b)     if no later than 3 months after the expiry of the order, the offender is charged with an offence punishable by imprisonment that was committed during the period of the order, 7 days after the proceeding is finalised—

whichever is the later.

    (8)     For the purposes of this section a proceeding is finalised—

        (a)     after the final determination of the charge by a court; or

        (b)     when the charge is withdrawn; or

        (c)     when the prosecution of the charge is discontinued.

    (9)     All money forfeited to the Crown under section 83AS(4) must be paid into the Consolidated Fund.

S. 48K inserted by No. 65/2011 s. 21.

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