Crimes (Sentencing) Act 2005

This section applies if an offender is convicted of an offence.

The court may make an order (a fine order) directing that the offender pay a fine for the offence.

The Legislation Act, s 133, s 135 and s 136 deal with penalty units and the effect of the statement of a penalty for an offence in a territory law.

The court is not required to inquire into the offender’s financial circumstances before making a fine order but must consider any facts established by the offender about the offender’s financial circumstances.

Section 33 (1) (n) requires the court, in deciding how to sentence an offender, to consider the offender’s financial circumstances if relevant and known to the court.

The court may make a fine order for the offender whether or not the offence is punishable by a fine otherwise than under this part.

If a court makes a fine order, the court must state in the order—

the amount of the fine; and

how the fine is to be paid (for example, by stated instalments at stated times).

If the Magistrates Court imposes a fine on an offender for an offence and the summons for the offence was served in accordance with the Magistrates Court Act 1930, section 116B (Service of summons for prescribed offence), the court must allow the offender at least 14 days for payment.

As soon as practicable after the court makes a fine order, the court must ensure that written notice of the order, together with a copy of the order, is given to the offender.

If the order is part of a combination sentence, a single notice may be given for the sentences (see Legislation Act, s 49).

For a young offender who is under 18 years old, the notice and order must also be given to a parent or person with parental responsibility (see s 133J).

Failure to comply with subsection (7) does not invalidate the fine order.