Australian Capital Territory Current Acts

CRIMES (SENTENCE ADMINISTRATION) ACT 2005 - SECT 116Z

    (1)     This section applies if—

        (a)     a fine defaulter has an account with a financial institution; and

        (b)     the account has, or is likely to have, sufficient funds deposited in it to satisfy all or part of the defaulter's outstanding fine.

    (2)     The court may make an order directing the financial institution to deduct an amount, either as a lump sum or in the form of instalments, from the account of the fine defaulter and pay the amount in accordance with the order.

    (3)     An order under this section must state the following:

        (a)     the name of the fine defaulter to whom the order relates;

        (b)     the name of the financial institution;

        (c)     details of the defaulter's account from which deductions under the order must be made;

        (d)     the amount or amounts to be deducted by the institution.

    (4)     For each deduction made from the fine defaulter's account under the order, the financial institution—

        (a)     may deduct from the account a reasonable administration charge and keep it as a contribution towards the administrative cost of making payments under the order; and

        (b)     must give the defaulter notice detailing the deductions.

    (5)     Any charge deducted under subsection (4) (a) must not be more than—

        (a)     if the financial institution has an amount it usually charges its customers for making a periodic payment—that amount; or

        (b)     otherwise—an amount that covers the financial institution's costs and expenses of complying with the order.

    (6)     In this section:

"account" includes a joint account.