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FINES ACT 1996 - SECT 86
Revocation of order
86 Revocation of order
(1) The Commissioner may revoke an order made under this Division if satisfied
that the fine defaulter who is subject to the order has failed, without
reasonable excuse, to comply with the order or the requirements imposed with
respect to the order by or under the Crimes (Administration of Sentences) Act
1999 or the Children (Community Service Orders) Act 1987 as the case
requires.
(2) The Commissioner is not to revoke an order under subsection (1)
unless the relevant assigned officer (within the meaning of that Act) has
reported the breach to the Commissioner. The Commissioner may decide not to
revoke an order following the report of a breach of the order to the
Commissioner.
(3) The Commissioner may revoke an order made under this
Division if satisfied, following a report by the assigned officer, that the
fine defaulter is not capable of performing work under the order or is
otherwise not suitable to be engaged in such work.
(4) The Commissioner may,
when revoking an order, also revoke other such orders that have been made
against the fine defaulter.
(5) Notice of the revocation is to be served on
the fine defaulter. The notice may be served in the same way as notice of a
fine enforcement order may be served.
(6) The fine defaulter may, within the
time specified in the notice, apply in writing to the Commissioner for a
review of the revocation. The Commissioner may, if satisfied that the order
was not breached or that the breach should be excused, reverse the decision to
revoke the order.
(7) The revocation of an order does not take effect-- (a)
until the expiry of the period during which an application for review of the
revocation may be made, or
(b) if an application for review is duly
made--unless and until the application is refused.
(8) The revocation of an
order (or the review of any such revocation) may be made or held in the
absence of, and without notice to, the fine defaulter.
(9) A decision of the
Commissioner under this section is (subject to this section) final and is not
subject to appeal.
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