s. 26 (3B) Despite anything to the contrary in subsection S. 26(3B) (3A), if on the hearing of a charge the court finds inserted by No. 48/1997 the offender guilty of the offence and is satisfied s. 13(3), that the offence was constituted, in whole or in amended by No. 19/1999 part, by the offender committing, whether in or s. 7(6). outside Victoria, another offence punishable by imprisonment during the period of the intensive correction order, it must, in addition to any fine it may impose under subsection (3A), exercise the power referred to in paragraph (c) of that subsection unless it is of the opinion that it would be unjust to do so in view of any exceptional circumstances which have arisen since the intensive correction order was made. (3C) If the court decides not to exercise the power S. 26(3C) inserted by referred to in subsection (3A)(c), it must state in No. 48/1997 writing its reasons for so deciding. s. 13(3). (4) If a court orders an offender to serve in prison the S. 26(4) amended by unexpired portion of the term of imprisonment, No. 48/1997 the term must be served— s. 13(4)(a). (a) immediately; and (b) unless the court otherwise orders, S. 26(4)(b) amended by cumulatively on any other term of No. 48/1997 imprisonment previously imposed on the s. 13(4)(b). offender by that or any other court. (5) A fine imposed under this section— (a) does not affect the continuance of the order, if it is still in force; and (b) must be taken for all purposes to be a fine payable on a conviction of an offence. Pt 3 Div. 2 Subdivision (2A)—Home detention orders Subdiv. (2A) (Heading and ss 26L–26ZR) inserted by No. 30/2010 s. 14.
S. 26(3B) inserted by No. 48/1997 s. 13(3), amended by No. 19/1999 s. 7(6). (3B) Despite anything to the contrary in subsection (3A), if on the hearing of a charge the court finds the offender guilty of the offence and is satisfied that the offence was constituted, in whole or in part, by the offender committing, whether in or outside Victoria, another offence punishable by imprisonment during the period of the intensive correction order, it must, in addition to any fine it may impose under subsection (3A), exercise the power referred to in paragraph (c) of that subsection unless it is of the opinion that it would be unjust to do so in view of any exceptional circumstances which have arisen since the intensive correction order was made. S. 26(3C) inserted by No. 48/1997 s. 13(3). (3C) If the court decides not to exercise the power referred to in subsection (3A)(c), it must state in writing its reasons for so deciding. S. 26(4) amended by No. 48/1997 s. 13(4)(a). (4) If a court orders an offender to serve in prison the unexpired portion of the term of imprisonment, the term must be served— (a) immediately; and S. 26(4)(b) amended by No. 48/1997 s. 13(4)(b). (b) unless the court otherwise orders, cumulatively on any other term of imprisonment previously imposed on the offender by that or any other court. s. 26 (5) A fine imposed under this section— (a) does not affect the continuance of the order, if it is still in force; and (b) must be taken for all purposes to be a fine payable on a conviction of an offence. Pt 3 Div. 2 Subdiv. (2A) (Heading and ss 26L–26ZR) inserted by No. 30/2010 s. 14. Subdivision (2A)—Home detention orders
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