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SENTENCING ACT 1991 - SECT 83ASA

Powers of court on finding of guilt for contravention of fines work order

    (1)     Subject to this section, if a court finds a person guilty of an offence under section 83ADA or 83ADB in relation to a fines work order, (in addition to sentencing the offender for the offence) the court must—

        (a)     if the circumstances set out in subsection (2) apply, make one or more of the orders set out in subsection (3); or

        (b)     confirm the order or a part of the order; or

        (c)     vary the order; or

        (d)     cancel the order and deal with the offender for the offence or offences with respect to which the order was made in any manner in which the court could deal with the offender if it had just found him or her guilty of that offence or those offences; or

        (e)     cancel the order and make no further order with respect to the offence or offences with respect to which the order was originally made.

    (2)     Subsection (3) applies if the court is satisfied that—

        (a)     the circumstances of the offender have materially altered since the fines work order was made and as a result the offender is unable to comply with the order; or

        (b)     the circumstances of the offender were wrongly stated or were not accurately presented to the court before the fines work order was made.

    (3)     The court may make one or more of the following orders—

        (a)     discharge the outstanding fine or fines in full; or

        (b)     discharge up to two thirds of the outstanding fine or fines; or

        (c)     discharge up to two thirds of the outstanding fine or fines and order that the offender be imprisoned for a period of one day in respect of each penalty unit, or part of a penalty unit, to which the remaining undischarged amount of the outstanding fine or fines is an equivalent amount; or

        (d)     adjourn the further hearing of the matter for a period of up to 6 months.

    (4)     If the court has made an order under subsection (3)(b) or (c), the court may make an order that the outstanding fines be paid by instalments or an order that the offender be allowed time to pay the outstanding fines.

    (5)     Part 3B applies to an order under subsection (4) as if it were an instalment order or a time to pay order (as the case requires) made under that Part.

    (6)     The court, in determining how to deal with an offender under subsection (1) or (2), must take into account the extent to which the offender has complied with the order.

    (7)     If the court considers that the orders that it may make under subsection (1) or (3) are not adequate because—

        (a)     of the nature of the offence; and

        (b)     of the characteristics of the offender; and

        (c)     the offender has intentionally refused to pay the fine or instalment and to perform unpaid community work—

the court may impose a sentence of imprisonment of 1 day for each penalty unit or part of a penalty unit then remaining unpaid up to a maximum of 24 months.

S. 83AT inserted by No. 65/2011 s. 43.



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