Time served orders
171B Time served orders
S. 171B(1) amended by Nos 59/2017 s. 52(1), 11/2021 s. 187, substituted by No. 17/2022 s. 54(1).
The relevant court may order that the person who is the subject of an application under section 171A(3), (3A) or (3B) (as the case requires)—
serve a term of imprisonment for a period of one day in respect of each penalty unit, or part of a penalty unit, of the amount of the penalty units which is the equivalent amount of the relevant infringement fine in default of payment of that relevant infringement fine; or
serve a term of imprisonment for a period of one day in respect of each penalty unit, or part of a penalty unit, of the amount of the penalty units which is the equivalent amount of the relevant court fine in default of payment of that relevant court fine; or
be held in custody for a period of one day in respect of each penalty unit, or part of a penalty unit, of the amount of the penalty units which is the equivalent amount of the relevant infringement fine or relevant court fine in default of payment of that relevant infringement fine or relevant court fine.
S. 171B(2) amended by Nos 11/2021 s. 187, 17/2022 s. 54(2).
If the relevant court makes a time served order, the court must take as time served the period before the Director applied under section 171A(3), (3A) or (3B) during which the person was in custody.
S. 171B(3) amended by No. 17/2022 s. 54(3)(a).
The relevant court may make a time served order whether or not the person—
S. 171B(3)(a) amended by No. 17/2022 s. 54(3)(b).
is brought before the court; or
S. 171B(3)(b) amended by Nos 11/2021 s. 187, 17/2022 s. 54(3)(c).
has been released from custody.
S. 171B(4) amended by Nos 59/2017 s. 52(2), 17/2022 s. 54(4).
If the relevant court makes a time served order for a part of the amount of the relevant infringement fine or relevant court fine, it may make an order under section 171C in respect of any remaining amount.
S. 171B(5) amended by No. 17/2022 s. 54(5).
For the purposes of this section, the relevant court must have regard to any enforcement and payment report in respect of the person filed with the court by the Director.
S. 171C (Heading) amended by Nos 59/2017 s. 53(1), 17/2022 s. 55(1).
S. 171C inserted by No. 29/2016 s. 42.
This Act’s bill:Explanatory memorandumSecond reading speech
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