113Release on the giving of a safety undertaking

113 Release on the giving of a safety undertaking

S. 113(1) amended by No. 41/2019 s. 81.

(1) If a court convicts a person or finds a person guilty of an offence against this Act or a bus law the court may (with or without recording a conviction) adjourn the proceeding for a period of up to 2 years and make an order for the release of the offender on the offender giving an undertaking with specified conditions.

(2) An undertaking must specify the following conditions—

(a) that the offender appears before the court if called on to do so during the period of the adjournment and, if the court so specifies, at the time to which the further hearing is adjourned;

S. 113(2)(b) amended by No. 41/2019 s. 81.

(b) that the offender does not commit, during the period of the adjournment, any offence against this Act or a bus law;

(c) that the offender observes any special conditions imposed by the court.

(3) Without limiting subsection (2)(c), the court may impose on an offender special conditions that the offender—

S. 113(3)(a) amended by Nos 68/2017 s. 120, 34/2023 s. 127(Sch. 1 item 18.39).

(a) engage a consultant, who is approved in writing by Safe Transport Victoria, to advise on or assist with safety matters; or

S. 113(3)(b) amended by No. 68/2017 s. 120.

(b) develop and implement a systematic approach to managing risks to safety that arise or may arise in the conduct of the offender's undertaking; or

S. 113(3)(c) amended by No. 34/2023 s. 127(Sch. 1 item 18.39).

(c) arrange for the carrying out of an audit of the offender's undertaking in relation to safety by an independent person who is approved in writing by Safe Transport Victoria.

(4) An offender who has given an undertaking under this section may be called on to appear before the court—

(a) by order of the court; or

(b) by notice issued by the proper officer (within the meaning of section 72(4) of the Sentencing Act 1991) of the court.

(5) An order or notice under subsection (4) must be served on the offender not less than 4 days before the time specified in it for the appearance.

(6) If the court is satisfied at the time to which a further hearing of a proceeding is adjourned that the offender has observed the conditions of the undertaking, it must discharge the offender without any further hearing of the proceeding.

(7) The court may make an order under this section in relation to an offender in addition to or instead of—

(a) imposing a penalty on the offender; or

(b) making any other order that the court may make in relation to the offence.