Australian Capital Territory Current Acts

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CRIMES (SENTENCE ADMINISTRATION) ACT 2005 - SECT 116C

Registrar to send penalty notice

    (1)     If an offender is liable to pay a fine as a result of a conviction or order by the Supreme Court—

        (a)     the registrar of the Supreme Court must give the registrar a copy of the conviction or order; and

        (b)     the registrar must give the offender a penalty notice for the fine.

    (2)     If an offender is liable to pay a fine as a result of a conviction or order by the Magistrates Court, the notice of the conviction or order required by the Magistrates Court Act 1930

, section 116I (Consequences of conviction in absence of defendant) or section 141 (1) (b) (Minute of decision and notice to defendant) must contain a penalty notice for the fine.

Note     More than 1 penalty notice may be given to an offender as a result of a conviction or order by the Supreme Court or Magistrates Court. For example, a penalty notice may be given in relation to a fine payable under a fine order under the Crimes (Sentencing) Act 2005

in relation to the conviction or order and another penalty notice may be given in relation to a victims services levy imposed under the Victims of Crime Act 1994

in relation to the same conviction or order.

    (3)     A penalty notice for a fine must—

        (a)     state the amount of the fine and the due date for payment; and

        (b)     if the fine is payable by instalments—specify the amount of each instalment; and

        (c)     state that if the fine or any instalment is not paid by the due date for payment the offender is liable for the administrative fee under section 116G in addition to the outstanding amount of the fine; and

        (d)     state that, under section 116K, the director-general may, on written application made before the due date for payment, approve an alternative arrangement about payment of the fine; and

        (e)     state the obligation to notify the registrar of the offender's contact details, and any change of contact details, under section 116D.

Note     A penalty notice may be varied under s 116K (Payment arrangements).



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