Penalties and Sentences Act 1992

This section applies if, while a fine option order is in force for an offender, an authorised corrective service officer (a supervisor), or a person authorised for the purpose of this section by the chief executive (corrective services) (also a supervisor), reasonably believes the offender has contravened a requirement of the order.

The supervisor may give the offender a notice under this section requiring the offender—

to stop contravening the order; or

to give the supervisor a reasonable explanation for the contravention within a stated time, of at least 5 days but not more than 14 days.

The notice must—

be in the approved form; and

state the particulars of the contravention; and

state that failure to give a reasonable explanation for the contravention may result in the fine option order being revoked without notice to the person.

A notice under subsection (2) may relate to 2 or more fine option orders.

If the supervisor is satisfied no reasonable explanation has been given within the stated time, the supervisor may apply to the proper officer for an order under subsection (7).

The proper officer may decide the application in the absence of the offender.

If satisfied the offender has contravened the fine option order without reasonable excuse, the proper officer may, by order—

extend or further extend the 1 year or other time mentioned in section 66(2); or

revoke all fine option orders made for the offender and issue a warrant for the arrest and imprisonment of the offender for the term ordered by the court; or

revoke all fine option orders made for the offender and give to the registrar under the SPE Act, for registration, the prescribed particulars under that Act of the unpaid amount of the penalty.

The proper officer must give notice of the revocation of the fine option order to—

the offender; and

if relevant, the court, or the proper officer of the court, that made the fine option order.