94Correction of sentence

### 94 Correction of sentence > > (1)  In this section – > > > > > ***compensation levy*** means a compensation levy within the meaning of the [Victims of Crime Compensation Act 1994](/view/html/inforce/2026-04-12/act-1994-089) ; > > > > > ***sentence*** includes a forfeiture, compensation levy, compensation order, restitution order, exclusion order, disqualification and loss or suspension of a licence or privilege. > > > (2)  Subject to [subsections (3)](#GS94@Gs3@EN) and [(4)](#GS94@Gs4@EN) , a sentence passed by a court on an offender may be varied or rescinded by the court – > > > > > > (a) [*\[Section 94 Subsection (2) amended by No. 91 of 2001, s. 23, Applied:05 Dec 2001\]*](/view/html/inforce/2001-12-05/act-2001-091#GS23@EN) on its own motion initiated within the 3 month period after the sentence was passed; or > > > > > > > (b) on an application made within that period by the prosecutor or offender. > > > (3)  A court must not vary or rescind a sentence under this section unless it has determined that – > > > > > > (a) the sentence is contrary to the law; or > > > > > > > (b) the court failed to impose a sentence that was in conformity with the law; or > > > > > > > (c) the sentence included an order that was based on, or contained, an error of fact; or > > > > > > > (d) the offender's circumstances were wrongly stated or not accurately presented to the court and it is in the interests of justice to vary or rescind the sentence. > > > (4)  A sentence is not to be varied or rescinded under this section except by the court constituted as it was when the sentence was passed, and after it has given the parties an opportunity to be heard. > > > (5)  Nothing in this section affects the operation of [Chapter XLVI of the](/view/html/inforce/2026-04-12/act-1924-069#JS1@HPIX@HcXLVI@EN) [Criminal Code](/view/html/inforce/2026-04-12/act-1924-069) or [Part XI](/view/html/inforce/2026-04-12/act-1959-077#HPXI@EN) of the [Justices Act 1959](/view/html/inforce/2026-04-12/act-1959-077) .