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.

83AG Commencement of a proceeding

(1)A proceeding for an offence under section 83AC, 83AD, 83ADA, 83ADB, 83AE or 83AF is commenced by filing a charge-sheet in the Magistrates' Court.

S. 83AG(1) amended by No. 32/2013 ss 15, 49(1).

(2)A charge-sheet must be filed under subsection (1) by—as the case requires.

(a)the Director of Public Prosecutions; or

(b)a crown prosecutor within the meaning of the Criminal Procedure Act 2009; or

(c)a member of staff of the Office of Public Prosecutions who is a lawyer; or

S. 83AG(2)(c) amended by No. 32/2013 s. 34(1).

(d)a police officer; or

S. 83AG(2)(d) amended by No. 37/2014 s. 10(Sch. item 151.3).

(da)an informant in the proceeding for which the sentencing order was made that is the subject of the charge; or

S. 83AG(2)(da) inserted by No. 32/2013 s. 34(2).

(e)a prescribed person; or

(f)a member of a prescribed class of person; or

(g)the Secretary—

(3)Subject to this Act, a proceeding commenced under this Division is to be in accordance with the provisions of and regulations and rules made under—with any necessary modifications, and in particular with the modification that a reference to a person accused of an offence or an accused person, is taken to be a reference to the offender.

(a)the Criminal Procedure Act 2009;

(b)the Bail Act 1977;

(c)the Magistrates' Court Act 1989—

(4)In particular, without limiting subsection (3), section 12 of the Criminal Procedure Act 2009 applies to a proceeding commenced under this section with the modification that a reference to section 6 is taken to be a reference to section 83AG of this Act.