Australian Capital Territory Current Acts

CRIMES (SENTENCE ADMINISTRATION) ACT 2005 - SECT 116ZO

    (1)     The director-general may, in writing, remit all or part of an outstanding fine that a fine defaulter is liable to pay if the director-general is satisfied on reasonable grounds that—

        (a)     a fine enforcement order would not be effective to secure payment or is not otherwise appropriate; and

        (b)     a voluntary community work order is not possible or appropriate; and

        (c)     it is appropriate in all the circumstances to remit the fine.

    (2)     In deciding whether to remit a fine, the director-general—

        (a)     must consider the following:

              (i)     any information the director-general has about the fine defaulter's financial and personal circumstances;

              (ii)     the offence for which the fine was imposed;

              (iii)     the amount of the fine;

              (iv)     whether the defaulter has any other outstanding fines;

              (v)     anything the defaulter has done to frustrate, render impracticable or evade the making or effect of a fine enforcement order or voluntary community work order; and

        (b)     may consider anything else the director-general considers on reasonable grounds is relevant.

Note     A fine may also be remitted by the Executive under s 313. Also, this Act does not affect the prerogative of mercy (see s 314A).