Penalties and Sentences Act 1992

If an offender is before a court when the court makes an original order for the offender, the court must explain to the offender that he or she may immediately verbally apply to the court for a fine option order.

If—

the original order directs that the offender is to pay the fine—

immediately—the application may be made on the day on which the order is made; or

within a fixed time—the application may be made at any time before the end of the fixed time; or

the offender is given a notice under section 54—the application may be made at any time before the end of the time fixed in the original order.

The explanation mentioned in subsection (1) must be made in language or in a way likely to be readily understood by the offender.

The court may adjourn the hearing of the application for the period that the court considers is proper to allow the court or offender to obtain information.

If the court refuses the application, it must note in the records of the court whether the refusal was made because of section 57(1)(a) or (b).