Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) The Magistrates Court may, on application by the director-general, order the imprisonment of a fine defaulter if—
(a) the court is satisfied that all appropriate enforcement action has been taken under this chapter to secure payment and there is no real likelihood of the outstanding fine being paid; and
(b) the outstanding fine has not been remitted under section 116ZO (Remission of fine by director-general) or section 313 (Remission of penalties); and
(c) if the outstanding fine for which the fine defaulter is liable is or includes an amount payable under a reparation order under the Crimes (Sentencing) Act 2005
—the entity in whose favour the reparation order was made consents to the reparation order being discharged by imprisonment.
Note If the court makes an imprisonment order, it must issue a warrant for the imprisonment of the person in the director-general's custody (see s 12).
(2) The order, or any warrant under section 12, must not be given effect if the amount of the outstanding fine is paid to the Territory before the fine defaulter is imprisoned.
(3) The period for which the fine defaulter must be committed (the "imprisonment period") is the lesser of—
(a) the period worked out at the rate of 1 day for each $300, or part of $300, of the outstanding fine; and
(b) 6 months.
(4) However, for a young fine defaulter, the imprisonment period is the lesser of—
(a) the period worked out at the rate of 1 day for each $500, or part of $500, of the outstanding fine; and
(b) 7 days.