Powers of the Magistrates' Court
165 Powers of the Magistrates' Court
S. 165(1) amended by No. 59/2017 s. 41(1).
If the Magistrates' Court is satisfied of a matter specified in subsection (2) on a person in default being brought before the Court in respect of any relevant infringement fine under an enforcement warrant, the Court may make an order—
S. 165(1)(a) amended by No. 59/2017 s. 41(2)(a).
discharging in full any relevant infringement fine; or
S. 165(1)(b) amended by No. 59/2017 s. 41(2)(b).
discharging in part any relevant infringement fine; or
S. 165(1)(c) amended by No. 59/2017 s. 41(2)(c).
discharging in part any relevant infringement fine and order that the person in default be imprisoned for a term fixed in accordance with section 165B; or
that is a fine default unpaid community work order under Division 5 of Part 3B of the Sentencing Act 1991; or
adjourning the further hearing of the matter for a period of up to 6 months.
For the purposes of subsection (1), the specified matters are—
S. 165(2)(a) amended by No. 59/2017 s. 41(3)(a).
that a person in default has a mental or intellectual impairment, disorder, disease or illness; or
S. 165(2)(b) amended by No. 59/2017 s. 41(3)(b).
without limiting paragraph (a), that special circumstances apply to a person in default; or
S. 165(2)(c) amended by No. 59/2017 ss 7(a), 41(3)(c).
that having regard to a person in default's situation, imprisonment would be excessive, disproportionate or unduly harsh; or
S. 165(2)(d) inserted by No. 59/2017 s. 7(b).
that the person in default is a victim of family violence that substantially contributed to the person being unable to control the conduct which constituted the offending.
If the Magistrates' Court is not satisfied of a matter specified in subsection (2) the Court may make one or more of the following—
an order that is a fine default unpaid community work order under Division 5 of Part 3B of the Sentencing Act 1991;
a time to pay order;
an instalment order;
an order adjourning the hearing or further hearing of the matter for up to 6 months on any terms that it thinks fit;
S. 165(3)(e) amended by No. 59/2017 s. 41(4).
an order that the person in default be imprisoned for a term fixed in accordance with section 165B.
S. 165(4) amended by No. 59/2017 s. 41(5).
The Magistrates' Court must not make an order under subsection (1)(c) or (3)(e) if the person in default satisfies the Court that the person in default—
S. 165(4)(a) amended by No. 59/2017 s. 41(6).
did not have the capacity to pay the relevant infringement fine; or
had another reasonable excuse for the non‑payment.
The Magistrates' Court must not make an order under subsection (1)(c) or (3)(e) unless it is satisfied that no other order under the relevant subsection is appropriate in all the circumstances of the case.
S. 165A inserted by No. 29/2016 s. 40.
This Act’s bill:Explanatory memorandumSecond reading speech
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