Victorian Current Acts

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Transfer of a proceeding

S. 83AJ(1) amended by No. 32/2013 ss 18, 49(2).

    (1)     If a proceeding is commenced under section 83AG for an offence under section 83AC, 83AD, 83ADA or 83ADB, and the Magistrates' Court did not make the order that is the subject of the offence, the Magistrates' Court must order that the proceeding be transferred to the appropriate venue of the sentencing court.

    (2)     An order made under subsection (1) that transfers a proceeding takes effect—

        (a)     if a summons has been issued under section 83AI(1) on the filing of the evidence of service of the summons in the sentencing court; or

        (b)     if a warrant to arrest has been issued under section 83AI(2) on the execution of the warrant against the offender.

    (3)     The Magistrates' Court under subsection (1) may be constituted by a proper officer of the court.

    (4)     If a proceeding is transferred to the Supreme Court or the County Court under subsection (1) it may be heard and determined without a jury and in accordance with Chapter 3 of the Criminal Procedure Act 2009 subject to any modifications as set out in the rules of the court.

S. 83AK inserted by No. 65/2011 s. 43, substituted by No. 26/2012 s. 62.

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