New South Wales Consolidated Acts

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FINES ACT 1996 - SECT 79

Making of order against fine defaulter

79 Making of order against fine defaulter

(1) The Commissioner may make an order under this Division requiring a fine defaulter to perform community service work in order to work off the amount of the fine that remains unpaid.
(2) An order may be either--
(a) in the case of an adult--a community correction order subject to a community service work condition, or
(b) in the case of a child--a community service order.
(3) The Commissioner may make an order only if satisfied that enforcement action is authorised against the fine defaulter under this Division.
(4) The Commissioner is not to make an order--
(a) if satisfied that the person is not capable of performing work under an order or is otherwise not suitable to be engaged in such work, and
(b) unless the Commissioner has obtained a report from an appropriate officer concerning the person's suitability to be so engaged and the report indicates that the person is assessed as suitable.
(5) An order may be made in the absence of, and without notice to, the fine defaulter.
(6) An order may be made before the execution of a warrant under Division 4 and in anticipation that enforcement action may not be successful under that Division in satisfying the fine. The order is not to be served if that enforcement action is successful.
(7) Subject to this Division, such of the provisions of the Crimes (Sentencing Procedure) Act 1999 , the Crimes (Administration of Sentences) Act 1999 and the regulations under those Acts as are prescribed for the purposes of this subsection by the regulations under this Act--
(a) apply to a community correction order under this Division in the same way as they apply to a community correction order under the Crimes (Sentencing Procedure) Act 1999 , and
(b) so apply with any modifications so prescribed.
(8) Subject to this Division, section 11 and such other provisions of the Children (Community Service Orders) Act 1987 and the regulations under that Act--
(a) apply to a community service order under this Division in the same way as they apply to a community service order under that Act, and
(b) so apply with any modifications so prescribed.
Note : Section 11 of the Children (Community Service Orders) Act 1987 requires a community service order to require the offender to perform graffiti clean up.
(9) An order under this section is to be in the approved form.
(10) For the purposes of this section, an
"appropriate officer" is--
(a) in the case of an adult--a community corrections officer (as defined in the Crimes (Administration of Sentences) Act 1999 ), or
(b) in the case of a child--a juvenile justice officer (as defined in the Children (Detention Centres) Act 1987 ).



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