Victorian Current Acts Victorian Current Acts(1) The court must set the nominal term of a supervision order made under section 73P in accordance with section 28 as if—
(a) the offence that led to the person being made subject to the sentence of imprisonment within the meaning of the International Transfer of Prisoners Act 1997 of the Commonwealth had been committed in Victoria; and
(b) the maximum penalty for that offence were the maximum penalty attaching to that offence at the date of the person's transfer to Victoria.
(2) If the offence referred to in subsection (1) no longer exists at the date referred to in subsection (1)(b)—
(a) the court must determine whether there is an existing offence, as at that date, with which the person could have been charged had it existed at the time of the original charge; and
(b) if there is such an offence, the nominal term is to be determined by reference to the maximum penalty for that offence as at the date referred to in subsection (1)(b); and
(c) if there is no such offence, the court must set the nominal term as 5 years.
(3) If there never was an equivalent offence in Victoria to the offence that led to the person being made subject to the sentence of imprisonment within the meaning of the International Transfer of Prisoners Act 1997 of the Commonwealth, the court must set the nominal term of the supervision order as 5 years.
(4) Despite section 28(4), the nominal term of the supervision order runs from the day on which the person was first made subject to the sentence of imprisonment within the meaning of the International Transfer of Prisoners Act 1997 of the Commonwealth.
(5) If the nominal term of the supervision order has expired, the first major review must be undertaken within 12 months after the review under section 73P.
S. 73R inserted by No. 26/2014 s. 453.