Victorian Consolidated Legislation

Serious Sex Offenders Monitoring Act 2005 - SECT 5

Secretary may apply for an extended supervision order

5. Secretary may apply for an extended supervision order



(1) The Secretary may apply to a court for an extended supervision order in
respect of an offender who then is an eligible offender.

(2) The court to which an application may be made is-

   (a)  the court that sentenced the offender for the relevant offence, if
        that court was the Supreme Court or the County Court; or

   (b)  the County Court if the Magistrates' Court sentenced the offender for
        the relevant offence.

(3) An application may continue to be dealt with and determined by a court
even if since it was made the offender has ceased to be an eligible offender
because he or she is no longer serving a custodial sentence as required by
section 4(1)(b).

(4) For the purpose of this section, a custodial sentence imposed on an
offender on appeal in substitution for a sentence imposed by the court against
the sentence of which the appeal was brought (the lower court) must be taken
to have been imposed by the lower court.