Penalties and Sentences Act 1992

An application under section 79 must be made—

by—

the offender; or

an authorised corrective services officer; or

the director of public prosecutions; and

while the fine option order is in force; and

in the approved form.

Notice of an application made by the offender must be given by the court to the chief executive (corrective services) and—

if the court that made the fine option order was the Supreme Court or a District Court—to the director of public prosecutions; or

if the court that made the fine option order was a Magistrates Court—to the prosecutor before that court.

Notice of an application by an authorised corrective services officer must be given to the court, the offender and the director of public prosecutions.

Notice of an application by the director of public prosecutions must be given to the court, the offender and the chief executive (corrective services).

If an application is made under subsection (1) to a court that is not the court that made the fine option order, the first court must give a copy of the application to the court that made the fine option order.

The court must advise the chief executive (corrective services) and the offender when the application will be heard.

The application may be heard in the absence of the offender if the court is satisfied that the offender is unable to be present.