Orders of relevant court for any relevant infringement fine, relevant court fine or any remaining amount
171C Orders of relevant court for any relevant infringement fine, relevant court fine or any remaining amount
S. 171C(1) substituted by No. 11/2021 s. 188.
This section applies if—
the Director has made an application under section 171A(2) on behalf of a person and the person—
is only in custody because of a fine related sentence; or
has completed the fine related sentence that the person was serving at the time the Director made the application; or
S. 171C(1)(b) amended by No. 17/2022 s. 55(2)(a).
the relevant court has made a time served order in respect of a person and—
the term imposed under the time served order exceeds the term of the non-fine related sentence being served by the person; or
S. 171C (1)(b)(ii) amended by No. 17/2022 s. 55(2)(b).
the person has completed the non-fine related sentence and the term imposed under the time served order exceeds the term of the non‑fine related sentence; or
S. 171C(1)(c) inserted by No. 17/2022 s. 55(2)(c).
the person has been released from custody and the term imposed under the time served order exceeds the time the person spent in custody.
S. 171C(2) amended by No. 17/2022 s. 55(3).
If the relevant court is satisfied of a matter specified in subsection (3) in respect of the person, the court may make an order—
S. 171C(2)(a) amended by No. 59/2017 s. 53(2), substituted by No. 17/2022 s. 55(4).
discharging in full any—
relevant infringement fine; or
relevant court fine; or
S. 171C(2)(b) amended by No. 59/2017 s. 53(2), substituted by No. 17/2022 s. 55(4).
discharging in part any—
relevant infringement fine; or
relevant court fine; or
S. 171C(2)(c) amended by No. 59/2017 s. 53(2), substituted by No. 17/2022 s. 55(4).
discharging in part any—
relevant infringement fine and order that the person be imprisoned for a term fixed in accordance with section 171E(1); or
relevant court fine and order that the person be imprisoned for a term fixed in accordance with section 171E(1); 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 (2), the specified matters are—
that the person has a mental or intellectual impairment, disorder, disease or illness; or
without limiting paragraph (a), that special circumstances apply to the person; or
that having regard to the person's situation, imprisonment would be excessive, disproportionate or unduly harsh.
S. 171C(4) amended by No. 17/2022 s. 55(5).
If the relevant court is not satisfied of a matter specified in subsection (3), 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;
an order that the person be imprisoned for a term fixed in accordance with section 171E(1).
S. 171C(5) amended by No. 17/2022 s. 55(6)(a)(b).
The relevant court must not make an order under subsection (2)(c) or (4)(e) if the person satisfies the court that the person—
S. 171C(5)(a) amended by Nos 59/2017 s. 53(3), 17/2022 s. 55(6)(c).
did not have the capacity to pay the relevant infringement fine or relevant court fine; or
had another reasonable excuse for the non‑payment.
S. 171C(6) amended by No. 17/2022 s. 55(7).
The relevant court must not make an order under subsection (2)(c) or (4)(e) unless it is satisfied that no other order under the relevant subsection is appropriate in all the circumstances of the case.
S. 171C(7) amended by No. 17/2022 s. 55(8).
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. 171D (Heading) amended by No. 17/2022 s. 56(1).
S. 171D inserted by No. 29/2016 s. 42.
This Act’s bill:Explanatory memorandumSecond reading speech
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