Victorian Consolidated Legislation

Serious Sex Offenders Monitoring Act 2005 - SECT 40

PART 4 BREACH OF EXTENDED SUPERVISION ORDER OR INTERIM EXTENDED SUPERVISION ORDER

Breach of order is an offence

40. Breach of order is an offence



(1) If at any time while an extended supervision order or interim extended
supervision order is in force the offender fails without reasonable excuse to
comply with any condition of it, the offender is guilty of an indictable
offence for which he or she may be proceeded against on a charge filed by the
Secretary.

(2) Subject to subsection (2A), the Secretary must give the offender at least
14 days notice of his or her intention to file a charge against him or her for
an offence against subsection (1).

(2A) The Secretary may dispense with the period of notice required by
subsection (2) if the Secretary considers that a charge should be filed
without delay, having regard to the seriousness of the alleged breach of the
order.

(3) An offender who is guilty of an offence against subsection (1) is liable
to level 6 imprisonment (5 years maximum).