CRIMES LEGISLATION AMENDMENT (POWERS AND OFFENCES) ACT 2012 (NO. 24, 2012) - SCHEDULE 8 Enforcement of fines

CRIMES LEGISLATION AMENDMENT (POWERS AND OFFENCES) ACT 2012 (NO. 24, 2012) - SCHEDULE 8

Crimes Act 1914

1  Paragraph 15A(1)(b)

After "the modifications", insert "(if any)".

2  Paragraphs 15A(1AB)(a), (b), (c) and (d)

Repeal the paragraphs.

3  Paragraph 15A(1AB)(g)

Omit "(a), (b), (c), (d),".

4  Before subsection 15A(1AD)

Insert:

     (1ACB)  To avoid doubt, if a court makes an order imposing a penalty for failure to pay a fine, whether or not the penalty is described in subsection (1AB), a person or authority other than a court may take action to enforce the penalty without making an application under paragraph (1AA)(a), even if the penalty is imposed as an alternative penalty.

5  Application

The amendment made by item 4 of this Schedule applies in relation to an order that is made before, on or after the commencement of this item.

6  Pending applications to court

(1)       If:

                     (a)  an application is made to a court under paragraph 15A(1AA)(a) of the Crimes Act 1914 before the commencement of this item to impose a penalty described in:

                              (i)  paragraph 15A(1AB)(a), (b), (c) or (d) of the old law; or

                             (ii)  paragraph 15A(1AB)(g) of the old law to the extent that that paragraph relates to paragraph 15A(1AB)(a), (b), (c) or (d) of the old law; and

                     (b)  at commencement, the court has not made an order in relation to the application;

the application is taken to have been withdrawn.

(2)       In this item:

old law means section 15A of the Crimes Act 1914 as in force immediately before the commencement of this item.

7  Authority for past actions taken to enforce fines etc.

(1)       This item applies in relation to an action taken, before the commencement of this item, by a person or authority (other than a court) to impose a penalty described in:

                     (a)  paragraph 15A(1AB)(a), (b), (c) or (d) of the old law; or

                     (b)  paragraph 15A(1AB)(g) of the old law to the extent that that paragraph relates to paragraph 15A(1AB)(a), (b), (c) or (d) of the old law.

(2)       The person or authority had the power to take the action, and is taken always to have had the power to take the action, to impose such a penalty.

(3)       In this item:

old law means section 15A of the Crimes Act 1914 as in force immediately before the commencement of this item.