Sentencing Act 1995

This section applies if a court that makes a compensation order is of the opinion that the offender concerned has, or ought to have, the means to pay the compensation.

If this section applies the court may in addition to making the compensation order, order that if the offender does not pay the compensation before a date set by the court the offender is to be imprisoned until the compensation is paid, but in any event for not longer than the period determined under subsection (3) or a shorter period set by the court.

Unless the court sets a shorter period, the period of imprisonment (in days) is the period determined by dividing the amount of compensation by $50 (or such greater amount as is prescribed) and rounding the result up to the nearest whole number of days.

Service of the period of imprisonment does not discharge the offender’s liability to pay the compensation.

Any period of imprisonment that an offender has to serve as a result of an order made under subsection (2) is to be served cumulatively on any term of imprisonment that the offender is serving or has to serve unless the court orders otherwise.

This section does not limit the operation of section 119.