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FINES ACT 1996 - SECT 99B
Making an order
99B Making an order
(1) A work and development order may be made by the Commissioner with respect
to a person in relation to all or part of an unpaid fine if-- (a) a
fine enforcement order has been made with respect to the person in relation to
the fine, and
(b) the person-- (i) has a mental illness, or
(ii) has an
intellectual disability or cognitive impairment, or
(iii) is homeless, or
(iv) is experiencing acute economic hardship, or
(v) has a serious addiction
to drugs, alcohol or volatile substances, and
(c) a community correction
order or community service order is not in force under Division 5 against the
fine defaulter in respect of the fine, and
(d) an application is made in
accordance with this Subdivision.
(1A) A work and development order may be
made in relation to a person who is a resident of a State or Territory other
than New South Wales.
(2) An application for an order is to-- (a) be made to
the Commissioner by or on behalf of the person, and
(b) be supported by each
approved person who is to supervise the person in complying with the order,
and
(c) set out the grounds for making the order, the activities that are
proposed to be carried out under the order and a proposed time for the
completion of those activities.
(2A) If the application for the order is in
relation to a person who has a serious addiction to drugs, alcohol or volatile
substances but does not satisfy any of the other criteria referred to in
subsection (1) (b), the only activities that the person may be required to
carry out under the order are counselling and drug or alcohol treatment.
(3)
An application may be made in anticipation of a fine enforcement order being
made with respect to the person in relation to the fine.
(4) If the
regulations prescribe a maximum number of work and development orders that may
be made in any particular period, the Commissioner is not to make an order
during that period if satisfied that the number of such orders will exceed the
number prescribed (even if directed to do so by the Hardship Review Board
under section 101B (6)).
(5) If the Commissioner determines to make an order,
the order is to be made in such terms as are agreed between the Commissioner,
the applicant and each approved person.
(6) An order is to specify-- (a) the
value of the activities that are to be undertaken under the order for the
purposes of satisfying the fine to which the order relates, and
(b) the
nature of any unpaid work that may be required under the order.
(7) No
enforcement action is to be taken against a person under this Part in respect
of a fine to which a work and development order relates while the order is in
force.
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