Victorian Numbered Acts

SENTENCING AMENDMENT ACT 2010 (NO. 77 OF 2010) - SECT 18

For section 47J(1) of the Sentencing Act 1991 substitute —

    "(1)     If on the hearing of the proceeding under section 47(1) the court finds the offender has contravened the order it must, subject to subsection (2), either—

        (a)     vary the community-based order, in any manner set out in section 46(2); or

        (b)     confirm the order originally made; or

        (c)     cancel the order (if it is still in force).

    (1A)     If the court cancels the order under subsection (1)(c), the court may—

        (a)     whether or not the order is still in force, subject to subsection (2), deal with the offender for the offence or offences in respect of which the order was made in any manner in which the court could deal with the offender if it had just found him or her guilty of that offence or those offences; or

        (b)     take no further action in relation to sentencing the offender for the offence.".