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.

83AL Process where offender before higher court, orders of that court

(1)If in a proceeding before the Supreme Court or the County Court (the relevant sentencing court)—despite anything to the contrary in this Division, the proceeding for the offence under section 83AC, 83AD, 83ADA or 83ADB may be commenced by filing a charge-sheet in the relevant sentencing court.
S. 83AL(1) amended by No. 32/2013 ss 19(1), 49(2).
(a)an offender is before the relevant sentencing court and is convicted or found guilty of the offence that is the subject of the proceeding; and
(b)the conviction or finding of guilt constitutes a contravention of an order (the original order) under this Act applying to the offender, in respect of which a charge-sheet may be filed for an offence under section 83AC, 83AD, 83ADA or 83ADB; and
S. 83AL(1)(b) amended by No. 32/2013 ss 19(1), 49(2).
(c)the original order was made by the relevant sentencing court
S. 83AL(2)(c) amended by No. 32/2013 s. 35(1).
(2)If a charge-sheet is filed in the relevant sentencing court under subsection (1) it must be filed by—as the case requires.
(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. 83AL(2)(d) amended by No. 37/2014 s. 10(Sch. item 151.3).
(da)an informant in the proceeding for which the original order was made that is the subject of the charge; or
S. 83AL(2)(da) inserted by No. 32/2013 s. 35(2).
(f)a member of a prescribed class of person; or
(g)the Secretary
(3)The relevant sentencing court may hear and determine the charge for the offence under section 83AC, 83AD, 83ADA or 83ADB without a jury and in accordance with Chapter 3 of the Criminal Procedure Act 2009, subject to any modifications as set out in the rules of the relevant sentencing court.
S. 83AL(3) amended by No. 32/2013 ss 19(2), 49(2).