SERVICE AND EXECUTION OF PROCESS ACT 1992 - SECT 110 Definitions
SERVICE AND EXECUTION OF PROCESS ACT 1992 - SECT 110
Definitions"court" means a court of a State having jurisdiction in relation to the summary trial of all or any offences under the law of the State.
"discharged" , in relation to a fine or part of a fine, means discharged because of a payment, remission or pardon, or otherwise.
"fine" means a pecuniary penalty imposed by a court for an offence against a law of the Commonwealth (other than a revenue law) or of a State, together with any amount (including an amount of costs, compensation or revenue charges) that the person on whom the fine was imposed was ordered to pay by the court in the proceedings in which the fine was imposed.
"fine enforcement officer" means:
(a) an officer of a Department of State of a State, or a body established for a public purpose by or under a law of a State, that is responsible for the enforcement of fines; or
(b) an officer of a court who is responsible for the enforcement of fines.
"offender" , in relation to a fine, means the person on whom the fine was imposed.
"originating State" for a fine means the State in which the fine was imposed.
"post-commencement fine" means a fine imposed after the commencement of this Part.
"pre-commencement fine" means a fine imposed before the commencement of this Part.
"pre-commencement serious fine" means a pre - commencement fine that the originating State considers is a serious fine:
(a) because of the value of the fine; or
(b) because of the nature or seriousness of the conduct in relation to which the fine was imposed; or
(c) because the fine is not the first fine imposed on the offender in relation to an offence of the same kind as the offence for which the fine was imposed; or
"registered fine" means a fine that has been registered under section 113, and the registration of which has not been cancelled.
"registering State" for a fine means the State in which the fine is registered under section 113.
"related" : a pre - commencement fine is related to a post - commencement fine if:
(a) the pre - commencement fine is imposed on the same offender as the post - commencement fine; and
(b) the pre - commencement fine is imposed by a court of the same State as the post - commencement fine; and
(c) the liability of the offender to pay the post - commencement fine has not been fully discharged.
"revenue law" means a law of the Commonwealth relating to taxation (including
duties) that contains special provisions with respect to imprisonment for non
- payment of penalties.