New South Wales Consolidated Acts

FINES ACT 1996 - SECT 79

79 Making of community service order against fine defaulter

(1) The State Debt Recovery Office may make a community service order requiring a fine defaulter to perform community service work in order to work off the amount of the fine that remains unpaid.

(2) The State Debt Recovery Office may make the order only if satisfied that enforcement action is authorised against the fine defaulter under this Division.

(3) The State Debt Recovery Office is not to make an order if satisfied that the person is not capable of performing work under an order or is otherwise not suitable to be engaged in such work.

(4) The order may be made in the absence of, and without notice to, the fine defaulter.

(5) The order may be made before the execution of a warrant under Division 4 and in anticipation that enforcement action may not be successful under that Division in satisfying the fine. The order is not to be served if that enforcement action is successful.

(6) Subject to this Division:

(a) Divisions 1 and 4 of Part 7 (other than sections 92 and 93) of the Crimes (Sentencing Procedure) Act 1999 , and

(b) Part 5 of the Crimes (Administration of Sentences) Act 1999 and any regulations made for the purposes of that Part,

apply to a community service order under this section in the same way as they apply to a community service order under section 8 of the Crimes (Sentencing Procedure) Act 1999 .

(7) In the application of the provisions referred to in subsection (6) to a community service order under this section, a reference in those provisions to a court is taken to be a reference to the State Debt Recovery Office.

(8) A community service order is to be in the approved form.