Victorian Current Acts

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Variation or cancellation of order

    (1)     On an application under section 61, the court may vary the order or cancel it if the court is satisfied—

        (a)     that the circumstances of the offender have materially altered since the order was made and as a result the offender is unable to comply with the order; or

        (b)     that the circumstances of the offender were wrongly stated or were not accurately presented to the court or the author of a pre‑sentence report before the order was made; or

        (c)     that the offender is no longer willing to comply with the order.

    (2)     If the court cancels the order, it may, subject to subsection (3), deal with the offender for the offence or offences with respect to which it was made in any manner in which the court could deal with the offender if it had just found the offender guilty of that offence or those offences.

    (3)     In determining how to deal with an offender following the cancellation by it of an order, a court must take into account the extent to which the offender had complied with the order before its cancellation.

    (4)     The court may order that a warrant to arrest be issued against the offender if he or she does not attend before the court on the hearing of the application.

Division 3—Fine conversion order

S. 64 substituted by No. 32/2013 s. 47 (as amended by No. 77/2013 ss 45, 48).

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