Text as at 1 July 2026

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91 Stay of sentence etc.

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Explained inBill clause 91 EM on clause 91

(1)On the filing of a notice under section 89, the sentence (other than an order for the cancellation, suspension or variation of the driver licence or learner permit of the person on whom the sentence was imposed or the disqualification of that person under the Road Safety Act 1986 or the Sentencing Act 1991 from obtaining such a licence or permit or from driving a motor vehicle on a road in Victoria) is stayed until—

S. 91(1) amended by No. 56/2013 s. 34(2).

(a)the application for rehearing has been heard; and

(b)if a rehearing is granted, the charge has been reheard.

(2)If the driver licence or learner permit of the person on whom the sentence was imposed has been cancelled, suspended or varied by order of the Magistrates' Court or that person has been disqualified under the Road Safety Act 1986 or the Sentencing Act 1991 by order of the Magistrates' Court from obtaining such a licence or permit or from driving a motor vehicle on a road in Victoria, the applicant may, on or after the filing of a notice under section 89, apply for a stay of the order pending the determination of the rehearing.

S. 91(2) amended by No. 56/2013 s. 34(3).

(3)An applicant under subsection (2) (other than an informant who is making the application on behalf of the person whose driver licence or learner permit has been cancelled, suspended or varied or who has been disqualified as mentioned in subsection (2)) must serve on the informant in accordance with section 392 written notice of the application at least 7 days before making the application.

S. 91(3) amended by Nos 68/2009 s. 51(v), 56/2013 s. 34(4).

(4)On an application under subsection (2), the Magistrates' Court may order that the order for the cancellation, suspension or variation of the person's driver licence or learner permit or the order for the disqualification of the person from obtaining such a licence or permit or from driving a motor vehicle on a road in Victoria be stayed until—

S. 91(4) amended by No. 56/2013 s. 34(5).

(a)the application for rehearing has been heard; and

(b)if a rehearing is granted, the charge has been reheard.

(5)The Magistrates' Court must cause particulars of a stay under subsection (4) to be sent immediately to the Corporation.

S. 91(5) inserted by No. 56/2013 s. 34(6).

(6)In this section driver licence and learner permit have the same meanings as in the Road Safety Act 1986.

S. 91(6) inserted by No. 56/2013 s. 34(6).