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.

18ZE Activation of custodial part of an order

(1)Despite anything to the contrary in this Act, an offender is not to serve the custodial part of a drug and alcohol treatment order, and that part of the order does not commence, except in accordance with an order under this Subdivision activating that part of the order.

S. 18ZE(1) amended by No. 43/2020 s. 17(1).

The Drug Court may make an order activating some or all of the custodial part under section 18ZL(1)(f) (which involves serving a period in a secure custody facility), or under section 18ZN or 18ZP.

(2)In making an order under this Subdivision activating some or all of the custodial part of a drug and alcohol treatment order, the Drug Court must first—

S. 18ZE(2) amended by No. 43/2020 s. 17(1).

(a)calculate the remaining length of the custodial part of the order by subtracting from the length of the sentence of imprisonment imposed under the order—

(i)each period of custody declared under this Act as reckoned to be a period already served under the sentence; and

(ii)each period of custody served in a secure custody facility under the custodial part of the order because of an order under section 18ZL(1)(f); and

(b)if required to do so by subsection (2A) or

S. 18ZE(2)(b) substituted by No. 43/2020 s. 17(2).

(2B), reduce the remaining length of the custodial part of the order in accordance with whichever of those subsections applies.

S. 18ZE(2B) inserted by No. 43/2020 s. 17(3).

(2A)For the purposes of subsection (2)(b), if—the remaining length of the custodial part must be reduced so that the sum of those periods is 2 years.

S. 18ZE(2A) inserted by No. 43/2020 s. 17(3).

(a)the length of the custodial part of the drug and alcohol treatment order is no more than 2 years; and

(b)the sum of the following periods of time is more than 2 years—

(i)the remaining length of the custodial part; and

(ii)the period during which the treatment and supervision part of the order has already operated—

(2B)For the purposes of subsection (2)(b), if—the remaining length of the custodial part must be reduced so that the sum of those periods is equal to the length of the custodial part.

(a)the length of the custodial part of the drug and alcohol treatment order is more than 2 years; and

(b)the sum of the following periods of time is more than the length of the custodial part—

(i)the remaining length of the custodial part; and

(ii)the period during which the treatment and supervision part of the order has already operated—

(3)If the Drug Court makes an order under section 18ZN(1)(b)(i) or 18ZP(2)(a) activating the custodial part of a drug and alcohol treatment order for a period of one year or more, the Drug Court may, as part of the order under that section, fix in respect of the custodial part a non-parole period in accordance with section 11, as if the Drug Court had just sentenced the offender to that term of imprisonment. 18 months after the drug and alcohol treatment order was made. When it made the drug and alcohol treatment order, it imposed a sentence of imprisonment of 8 months. The Drug Court—This means that the Drug Court may make an order activating the custodial part for no more than 6 months.

S. 18ZE(3) amended by No. 43/2020 s. 17(1).Example to s. 18ZE(3) amended by No. 43/2020 s. 17(1).

The Drug Court decides to make an order activating the custodial part of a drug and alcohol treatment order

(a)calculates that the remaining length of the custodial part of the drug and alcohol treatment order is 7 months because the length of the sentence of imprisonment imposed under the order was 8 months from which the Drug Court subtracts—

(i)14 days that the offender spent in custody before sentencing; and

(ii)16 days that the offender served in a secure custody facility because of an earlier order under section 18ZL(1)(f); and

(b)calculates that the total of—is 25 months, which is 1 month over 2 years; and

(i)the remaining length of the custodial part (7 months); and

(ii)the period during which the treatment and supervision part of the drug and alcohol treatment order has already operated (18 months)—

(c)so that the total is 2 years, reduces the remaining length of the custodial part by 1 month to 6 months.