Australian Capital Territory Current Acts

CRIMES (SENTENCE ADMINISTRATION) ACT 2005 - SECT 116X

    (1)     The Magistrates Court may, on application by the director-general, make a fine enforcement order against a fine defaulter if the court is satisfied that—

        (a)     the order would not be unfair or cause undue hardship to the defaulter or any other person affected by the order; and

Example—other person affected

a dependent of the defaulter

        (b)     it is otherwise in the interests of justice to make the order.

    (2)     A fine enforcement order may contain 1 or more of the following orders:

        (a)     an earnings redirection order;

        (b)     a financial institution deduction order;

        (c)     a property seizure order.

    (3)     For subsection (1) (a) and (b), the court must have regard to information the court has about any of the following:

        (a)     the defaulter's income;

        (b)     the defaulter's assets;

        (c)     the defaulter's equitable interest in property;

        (d)     any debts payable to the defaulter;

        (e)     any other means the defaulter has of satisfying the outstanding fine;

        (f)     the defaulter's reasonable living expenses, including the reasonable living expenses of anyone dependent on the defaulter;

        (g)     the need to give effect to the considerations of specific and general deterrence that formed part of the decision of the sentencing court that imposed the fine on the defaulter;

        (h)     whether the defaulter has knowingly attempted to misrepresent his or her financial affairs to evade payment of the fine;

              (i)     any other relevant matter.

    (4)     The court may make a fine enforcement order against a fine defaulter in the absence of, and without notice to, the defaulter.