Victorian Current Acts Victorian Current ActsS. 30A(1) substituted by No. 29/2010 s. 22, amended by No. 15/2015 s. 37(5).
(1) If at any time it appears to a person having supervision of a person under a non-custodial supervision order, the Secretary to the Department of Health and Human Services that the person subject to the order—
(a) has failed to comply with the order; and
(b) is no longer in Victoria—
the person having supervision, the Secretary to the Department of Health and Human Services may apply to the Supreme Court, County Court or Magistrates' Court for a warrant to arrest the person subject to the order.
S. 30A(2) amended by No. 6/2018 s. 68(Sch. 2 item 36.1).
(2) If the court to which the application is made is satisfied by evidence on oath or by affirmation or by affidavit, of the matters specified in paragraphs (a) and (b) of subsection (1), the court may order that a warrant to arrest be issued against the person subject to the order.
(3) When a person arrested under a warrant issued under this section is returned to Victoria, he or she is to be taken to and detained in an appropriate place and treated or provided with services, if necessary, for his or her condition.
(4) However, the person must be released from detention within 48 hours unless, within that period, an application is made under section 29(1) for variation of the person's supervision order.
(5) The court to which an application referred to in subsection (4) is made must hear it as soon as possible.
S. 30B inserted by No. 7/2002 s. 10.