Victorian Current Acts Victorian Current Acts(1) The Chief Commissioner may at any time apply to a court for an order suspending the reporting obligations under this Part of a registrable offender.
S. 39A(2) inserted by No. 25/2017 s. 12(2).
(2) Subject to this section, an application under subsection (1) must be made—
(a) to the court that imposed the sentence at first instance for the registrable offence committed by the registrable offender; or
(b) if the registrable offender has been sentenced for more than one registrable offence in more than one court, to the court of the highest jurisdiction that imposed a sentence at first instance.
S. 39A(3) inserted by No. 25/2017 s. 12(2).
(3) An application under subsection (1) must be made to the Magistrates' Court if the registrable offender—
(a) has been sentenced by the Children's Court for one or more registrable offences; and
(b) has not been sentenced for a registrable offence by any other court; and
(c) is of or over the age of 21 years at the time the application is made.
S. 39A(4) inserted by No. 25/2017 s. 12(2).
(4) An application under subsection (1) that relates to a person who is a registrable offender because the person is a corresponding registrable offender or a New South Wales registrable offender or was sentenced for an offence in a foreign jurisdiction must be made to—
(a) the Supreme Court, if the person to whom the application relates is of or over the age of 18 years at the time the application is made; or
(b) the Children's Court, if the person to whom the application relates is a child at the time the application is made.
S. 39B inserted by No. 25/2017 s. 13.