Text as at 15 April 2026

This provision has not been checked by a human. The text below was read automatically from the official PDF and has not yet been verified against it, so it may differ from the provision as published — in its wording, its numbering, or where one provision ends and the next begins. For the authorised text, see legislation.vic.gov.au.

10 Contravention—Old community-based orders

(1)An offender who is subject to an old community-based order must not, unless that person has a reasonable excuse, contravene that order. Penalty: 3 months imprisonment.

(1A)An offender who is subject to an old community-based order (fines) must not, unless that person has a reasonable excuse, contravene that order. Penalty: Level 10 fine.

(2)Subclause (1) does not apply to a contravention of an old community-based order that occurs before the commencement of section 21 of the Sentencing Amendment (Community Correction Reform) Act 2011.

(2A)Subclause (1A) does not apply to a contravention of an old community-based order (fines) that occurs before the commencement of section 70 of the Courts and Sentencing Legislation Amendment Act 2012.

(3)Subject to subclause (4), Divisions 1 and 2 of Part 3C apply to an offence under subclause (1) as if any reference in Divisions 1 and 2 of that Part to an offence under section 83AD were a reference to an offence under subclause (1).

(3A)Subject to subclause (4) in respect of an offence under subclause (1A)—

(a)if the offence was committed before the commencement of section 50 of the Sentencing Amendment (Abolition of Suspended Sentences and Other Matters) Act 2013—

(i)Divisions 1 and 2 of Part 3C apply to the offence as if any reference in Divisions 1 and 2 of that Part to an offence against section 83AD were a reference to an offence under subclause (1A); and

(ii)section 63A(3), as in force immediately before its repeal, applies to the offence as if in that section a reference to a "fine conversion order or a fine default unpaid community work order" were a reference to an "old community-based order (fines)"; and

(b)if the offence was committed on or after the commencement of section 50 of the Sentencing Amendment (Abolition of Suspended Sentences and Other Matters) Act 2013, Divisions 1 and 2 of Part 3C apply to the offence as if any reference in Divisions 1 and 2 of that Part to an offence under section 83ADA or 83ADB were a reference to an offence under subclause (1A).

(4)If in a proceeding for an offence under subclause (1) or (1A) for a contravention of an old community-based order, the court finds the person guilty of the offence the court must (in addition to sentencing the offender for the offence)—

(a)whether or not the order has expired, confirm the order that was contravened and if necessary to enable the offender to perform the remaining period and conditions of the order, vary the duration and dates of the order; or

(b)cancel the order (if it is still in force) and, whether or not it is still in force, deal with the offender for the offence or offences with respect to which the order was made as if the court has just found him or her guilty of that offence or those offences.

(5)In determining how to deal with an offender following the cancellation by it of an old community-based order, the court—

(a)must take into account the extent to which the offender complied with the order before its cancellation; and

(b)in imposing any new sentencing order on the offender, must have regard to the conditions of the old community-based order.

(6)In this clause, old community-based order (fines) means an old community-based order made under Division 4 of Part 3 before the commencement of section 70 of the Courts and Sentencing Legislation Amendment Act 2012.