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.

18O Appeal13

(1)An offender may appeal to the Court of Appeal against the refusal of a court to make an order under section 18M(1).

S. 18O(1) amended by No. 109/1994 s. 34(14)(b).

(2)The Director of Public Prosecutions may appeal to the Court of Appeal against an order made under section 18M(1).

S. 18O(2) amended by No. 109/1994 s. 34(14)(b).

(3)On an appeal under this section the Court of Appeal may—

S. 18O(3) amended by No. 109/1994 s. 34(14)(b).

(a)in the case of an appeal under subsection (1), confirm the refusal and dismiss the appeal or uphold the appeal and make the order that it thinks ought to have been made; or

(b)in the case of an appeal under subsection (2), confirm the order and dismiss the appeal or uphold the appeal and set aside the order made.

S. 18O(3)(b) amended by No. 68/2009 s. 97(Sch. item 110.12).

(4)An indefinite sentence revives on the setting aside of an order under section 18M(1) and the original warrant to imprison or other authority for the offender's imprisonment is to be regarded as again in force.

S. 18O(4) amended by No. 68/2009 s. 97(Sch. item 110.13).