Additional powers of the relevant court
171D Additional powers of the relevant court
S. 171D(1) amended by Nos 59/2017 s. 54(a), 17/2022 s. 56(2).
If the relevant court makes an order under section 171C(2)(b) discharging in part any relevant infringement fine or relevant court fine, the court, in respect of any undischarged relevant infringement fine or relevant court fine, may make—
a time to pay order; or
an instalment order.
S. 171D(2) amended by Nos 59/2017 s. 54(b), 17/2022 s. 56(3)(a)(b).
If the relevant court makes an order under section 171C(2)(c) or (4)(e) for imprisonment in default of payment of any relevant infringement fine or relevant court fine—
S. 171D(2)(a) amended by No. 17/2022 s. 56(3)(c).
a warrant to imprison may be issued under section 68 of the Magistrates' Court Act 1989 or as otherwise authorised by law; and
S. 171D(2)(b) amended by No. 59/2017 s. 54(b), substituted by No. 17/2022 s. 56(3)(d).
the court may make an instalment order in respect of the payment of any relevant infringement fine or relevant court fine.
Note
A warrant to imprison issued in accordance with subsection (2)(a) may be executed on the contravention of an instalment order made under subsection (2)(b).
S. 171D(3) amended by Nos 59/2017 s. 54(c), 17/2022 s. 56(3).
If the relevant court makes an order under section 171C(2)(b) or subsection (1) and the person contravenes the order by failing to pay the undischarged amount of the relevant infringement fine or relevant court fine in accordance with the order, the court may issue a warrant to arrest the person under section 61 of the Magistrates' Court Act 1989 or as otherwise authorised by law.
S. 171D(4) amended by No. 17/2022 s. 56(4).
If a person is brought before the relevant court on the execution of a warrant to arrest issued in accordance with subsection (3), the court may—
confirm any order originally made under section 171C(2)(b) or subsection (1); or
S. 171D(4)(b) amended by No. 17/2022 s. 56(4)(b).
cancel any order originally made under section 171C(2)(b) or subsection (1) and deal with the person as if the person had just been brought before the court under section 171C(2).
S. 171D(5) amended by No. 17/2022 s. 56(5).
The relevant court, in determining how to deal with a person under subsection (4), must take into account the extent to which the person has complied with an order made under section 171C(2)(b) or subsection (1).
S. 171D(6) amended by No. 17/2022 s. 56(6).
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. 171E inserted by No. 29/2016 s. 42.
This Act’s bill:Explanatory memorandumSecond reading speech
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