Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) This section applies if an offender is convicted of an offence that is punishable by a fine.
(2) The court may make an order (a fine order ) directing that the offender pay a fine for the offence.
Note The Legislation Act, s 133, s 135 and s 136 deal with penalty units and the effect of the statement of a penalty for an offence in a territory law.
(3) The court is not required to inquire into the offender's financial circumstances before making a fine order but must consider any facts established by the offender about the offender's financial circumstances.
Note Section 33 (1) (n) requires the court, in deciding how to sentence an offender, to consider the offender's financial circumstances if relevant and known to the court.
(4) The court may make a fine order for the offender whether or not the offence is punishable by a fine otherwise than under this part.
(5) If a court makes a fine order, the court must state in the order—
(a) the amount of the fine; and
(b) how the fine is to be paid (for example, by stated instalments at stated times).
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(6) As soon as practicable after the court makes a fine order, the court must ensure that written notice of the order, together with a copy of the order, is given to the offender.
Note If the order is part of a combination sentence, a single notice may be given for the sentences (see Legislation Act, s 49).
(7) Failure to comply with subsection (6) does not invalidate the fine order.