Australian Capital Territory Current Acts

CRIMES (SENTENCE ADMINISTRATION) ACT 2005 - SECT 116W

    (1)     The director-general may apply to the Magistrates Court for a fine enforcement order against a fine defaulter.

    (2)     An application by the director-general under this section must include the following:

        (a)     a statement setting out the grounds of the application including—

              (i)     the reasons why the director-general considers the order would not be unfair or cause undue hardship to the fine defaulter or any other person affected by the order; and

              (ii)     if the director-general seeks a particular fine enforcement order—the reasons why the director-general seeks the order;

        (b)     an affidavit from the director-general setting out—

              (i)     details of the offence for which the fine forming the basis of the application was imposed; and

              (ii)     details of the steps taken by the director-general to tell the fine defaulter about the default; and

              (iii)     if any oral information about the defaulter's financial circumstances was given to the director-general under an examination notice—the information given;

        (c)     if any documents were produced to the director-general under an examination notice—the documents;

        (d)     if the defaulter appeared at an examination hearing, the following information:

              (i)     if the defaulter produced any documents—the documents;

              (ii)     if the defaulter gave oral evidence—a transcript of the evidence.