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INFRINGEMENTS ACT 2006 - SECT 160AA

Additional powers of the Court

    (1)     If the Court makes an order under section 160(1)(b) discharging in part any outstanding fine under an infringement warrant, the Court, in respect of any undischarged fine, may make—

        (a)     a time to pay order; or

        (b)     an instalment order.

    (2)     If the Court makes an order under section 160(1)(c) or (3)(e) for imprisonment in default of payment of any outstanding fine

        (a)     a warrant to imprison may be issued under section 68 of the Magistrates' Court Act 1989 ; and

        (b)     the Court may make an instalment order in respect of the payment of any outstanding fine.

Note

A warrant to imprison issued in accordance with subsection (2)(a) may be executed on the contravention of an instalment order made under subsection (2)(b).

    (3)     If the Court makes an order under section 160(1)(b) or subsection (1) and the infringement offender contravenes the order by failing to pay the undischarged amount of the fine in accordance with the order, the Court may issue a warrant to arrest the infringement offender under section 61 of the Magistrates' Court Act 1989 .

    (4)     If an infringement offender is brought before the Court on the execution of a warrant to arrest issued in accordance with subsection (3), the Court may—

        (a)     confirm any order originally made under section 160(1)(b) or subsection (1); or

        (b)     cancel any order originally made under section 160(1)(b) or subsection (1) and deal with the infringement offender as if the infringement offender had just been brought before the Court under section 160.

    (5)     The Court, in determining how to deal with an infringement offender under subsection (4), must take into account the extent to which the infringement offender has complied with an order made under section 160(1)(b) or subsection (1).

S. 160AB inserted by No. 29/2016 s. 86.



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