Victorian Current Acts Victorian Current Acts(1) If—
(a) a person has given an undertaking to the Court or another court under section 365; and
(b) it appears to the Court that the person has failed to comply with the undertaking—
the Court may direct that the person and, if the person is under the age of 15 years, his or her parent be served with a notice to appear before the Court at a specified time.
(2) If a notice is served under subsection (1) and the person fails to appear before the Court at the time specified, the Court may direct that a warrant to arrest the person be issued.
(3) A person alleged to have failed to comply with an undertaking under section 365 must appear or be brought before the Court constituted by—
(a) the magistrate who made the order under section 365, if he or she still holds the office of magistrate; or
(b) any other magistrate if—
S. 366(3)(b)(i) amended by No. 52/2013 s. 50.
(i) the first-mentioned magistrate does not still hold the office of magistrate or it is otherwise impracticable for the first-mentioned magistrate to constitute the Court; or
(ii) the person consents.
(4) If a person does not consent to the Court constituted by any other magistrate dealing with the breach, the proceeding must be adjourned for hearing before the Court constituted by the magistrate who made the order under section 365, if he or she still holds the office of magistrate.
(5) If the Court is satisfied that the person has failed to comply with an undertaking given under section 365, the Court may—
(a) cancel the undertaking; or
(b) continue or vary the undertaking but must not extend the period of the undertaking; or
(c) revoke the order dismissing the charge and impose a fine not exceeding 1 penalty unit.
Division 4—Good behaviour bond