Victorian Current Acts Victorian Current ActsS. 29(1) substituted by Nos 7/2002 s. 9(1), 29/2010 s. 21, amended by No. 15/2015 s. 37(5).
(1) A person having the supervision of a person under a non-custodial supervision order ( the supervisor ), the Secretary to the Department of Health and Human Services may apply to the court that made the order for a variation of the order if it appears to the supervisor, the Secretary to the Department of Health and Human Services that the person subject to the order has failed to comply with it.
S. 29(2) repealed by No. 7/2002 s. 9(1).
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(3) The court may order that a warrant to arrest be issued against the person subject to the order if he or she does not attend before the court on the hearing of the application.
S. 29(4) amended by No. 6/2018 s. 68(Sch. 2 item 36.1).
(4) If the court is satisfied by evidence on oath or by affirmation or by affidavit, or by the admission of the person subject to the order that the person has failed to comply with the order, the court must, by order—
(a) confirm the order; or
(b) vary the conditions of the order; or
(c) vary the order to a custodial supervision order.
(5) If the court varies the order to a custodial supervision order before the end of the nominal term, that nominal term continues to run.
S. 29(6) repealed by No. 7/2002 s. 9(2).
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