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.
Act index » Part 3BA - Sentences—other orders » Division 1 - Dismissals, discharges and adjournments Subdivision (1)—General
78 Variation of order for release on adjournment
(1)A court which has under Subdivision (2) or (3) made an order for the release of an offender on an adjournment (with or without recording a conviction) may, on application under this subsection, if satisfied—vary the order or cancel it and, subject to subsection (2), deal with the offender for the offence or offences with respect to which it was made in any manner in which the court could deal with the offender if it had just found the offender guilty of that offence or those offences.
(a)that the circumstances of the offender have materially altered since the order was made and as a result the offender will not be able to comply with any condition of the undertaking; or
(b)that the circumstances of the offender were wrongly stated or were not accurately presented to the court or the author of a pre-sentence report before the order was made; or
(c)that the offender is no longer willing to comply with the conditions of the undertaking—
(2)A court, in determining how to deal with an offender under subsection (1) must take into account the extent to which the offender has complied with the order.
(5)The court may order that a warrant to arrest be issued against the offender if he or she does not attend before the court on the hearing of the application.