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CRIMES (SENTENCE ADMINISTRATION) ACT 2005 - SECT 116A

Definitions—ch 6A

In this chapter:

"administrative fee "means the administrative fee mentioned in section 116G.

"default"—a person defaults in paying a fine (or any relevant administrative fee in relation to the fine) if the person fails to pay any part of the amount payable by—

        (a)     the due date stated in the relevant penalty notice; or

        (b)     if a default notice has been issued in relation to the fine—the date stated in the default notice; or

        (c)     if the person has an arrangement approved under section 116K for the fine—the date required under the arrangement.

"default notice" means a notice in force under section 116H and includes any variation under section 116K.

"earnings redirection order"—see section 116Y  (2).

"enforcement officer" means—

        (a)     the sheriff, a deputy sheriff or a sheriff's assistant under the Supreme Court Act 1933

; or

        (b)     a person appointed by the director-general as an enforcement officer for this chapter.

Note 1     For the making of appointments (including acting appointments), see the Legislation Act

, pt 19.3.

Note 2     In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act

, s 207).

"examination hearing" means an examination hearing under section 116T.

"examination notice"—see section 116P.

"examination warrant"—see section 116R.

"fine" means—

        (a)     a fine payable under a fine order under the Crimes (Sentencing) Act 2005

; or

        (b)     a fee or charge payable to the Territory that is imposed by a court in a proceeding for an offence; or

        (c)     costs payable to the Territory under a court order in a proceeding for an offence; or

        (d)     a victims financial assistance levy imposed under the Victims of Crime (Financial Assistance) Act 2016

; or

        (e)     a victims services levy imposed under the Victims of Crime Act 1994

; or

        (f)     an amount payable under a reparation order under the Crimes (Sentencing) Act 2005

to—

              (i)     the Territory; or

              (ii)     a person in relation to whom a reparation order agreement mentioned in section 116ZQ is in force; or

        (g)     a financial penalty imposed, other than under the Crimes (Sentencing) Act 2005

, in relation to an offence.

"fine defaulter "means a person who defaults in paying a fine (or any relevant administrative fee in relation to the fine).

"fine enforcement order" means an order of the Magistrates Court under section 116X for the enforcement of a fine.

"outstanding fine", in relation to a person, means the total of—

        (a)     the whole or any part of a fine that the person is liable to pay; and

        (b)     the whole or any part of an administrative fee that the person is liable to pay in relation to the fine.

"penalty notice" means a notice in force under section 116C and includes any variation under section 116K.

"property seizure order" see section 116ZA.

"registrar" means the registrar of the Magistrates Court and includes a deputy registrar of the court.

"reminder notice" means a notice mentioned in section 116J.

"territory entity"—see the Auditor-General Act 1996

, dictionary.

"voluntary community work order" see section 116ZE.

"young fine defaulter" means a fine defaulter who was under 18 years old when the offence to which the fine relates was committed.



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