Appropriate action—application to the relevant court by Director
171AC Appropriate action—application to the relevant court by Director
Subject to section 171A(4) and (5), the Director must apply to the relevant court for an order in accordance with section 171A on behalf of a person who has made a request under section 171AB if any of the following applies to the person—
the person is only in custody because of a fine related sentence;
S. 171AC(b) substituted by No. 17/2022 s. 48(3).
the outstanding amount under a relevant infringement fine of the person exceeds—
the term of imprisonment of the person in respect of a non-fine related sentence; and
any time the person spent in custody before being sentenced to the term of imprisonment specified in subparagraph (i)—
where one day in custody accounts for one penalty unit or part of a penalty unit of the outstanding amount under the relevant infringement fine;
S. 171AC(c) inserted by No. 17/2022 s. 48(3).
the outstanding amount under a relevant court fine of the person exceeds—
the term of imprisonment of the person in respect of a non-fine related sentence; and
any time the person spent in custody before being sentenced to the term of imprisonment specified in subparagraph (i)—
where one day in custody accounts for one penalty unit or part of a penalty unit of the outstanding amount under the relevant court fine;
S. 171AC(d) inserted by No. 17/2022 s. 48(3).
the outstanding amount under a relevant infringement fine or relevant court fine exceeds the period of time the person spent in custody before the person was released where one day in custody accounts for one penalty unit or part of a penalty unit of the outstanding amount under the relevant infringement fine or relevant court fine.
S. 171AC(2) inserted by No. 17/2022 s. 48(4).
In this section—
relevant court fine does not include any additional fees and costs that have been added to the relevant court fine;
relevant infringement fine does not include any additional fees and costs that have been added to the relevant infringement fine.
S. 171AD (Heading) amended by No. 17/2022 s. 49(1).
S. 171AD inserted by No. 11/2021 s. 185.
This Act’s bill:Explanatory memorandumSecond reading speech
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