New South Wales Consolidated Acts

FINES ACT 1996 - SECT 89

89 Intensive correction order

(1) A fine defaulter who is committed to a correctional centre by warrant under this Division may apply to the Commissioner of Corrective Services for an order that the fine defaulter’s period of imprisonment be served under an intensive correction order. An application may be made in anticipation of the issue of a warrant.

(2) The Commissioner of Corrective Services may, on an application under this section, order that the fine defaulter serve the period of imprisonment under a warrant under this Division as imprisonment under an intensive correction order.

(3) A fine defaulter is not eligible to serve a period of imprisonment under an intensive correction order:

(a) if the period of imprisonment is less than the minimum period determined in the guidelines under section 120 as appropriate to be served under an intensive correction order, or

(b) if the fine defaulter is remanded to or imprisoned in a correctional centre (including as a periodic detainee), or

(c) if the fine payable by the fine defaulter is for an offence committed while serving a period of imprisonment under an intensive correction order, or

(d) if an earlier intensive correction order (whether under this Act or the Crimes (Sentencing Procedure) Act 1999 ) has been revoked because the fine defaulter has failed to serve a sentence of imprisonment in accordance with the requirements of the order, or

(e) in any other circumstances prescribed by the regulations.

(4) On making an order under this section, the warrant committing the fine defaulter to a correctional centre is subject to the terms of the order.

(5) The decision whether or not to grant an application under this section is at the discretion of the Commissioner of Corrective Services, and no appeal lies against a decision not to grant an application in a particular case.

(6) The Commissioner of Corrective Services is to serve notice on the State Debt Recovery Office of the making or revocation of an order under this section.

(7) The State Debt Recovery Office may replace the original warrant in respect of which the order was made with a fresh warrant in connection with the outstanding fine at the time.

(8) Subject to this section:

(a) Division 1 of Part 5, section 67 and Divisions 3 and 4 (other than sections 72 and 73) of Part 5 of the Crimes (Sentencing Procedure) Act 1999 , and

(b) Parts 3 and 7 of the Crimes (Administration of Sentences) Act 1999 , and regulations made under those Parts,

apply to an intensive correction order under this Division in the same way as they apply to an intensive correction order under section 7 of the Crimes (Sentencing Procedure) Act 1999 .

(9) In the application of those provisions to an intensive correction order under this section, a reference in those provisions to a court is taken to be a reference to the Commissioner of Corrective Services.

(10) The functions of the State Parole Authority under Part 7 of the Crimes (Administration of Sentences) Act 1999 with respect to the revocation of intensive correction orders are, in relation to an intensive correction order under this Division, to be exercised by the Commissioner of Corrective Services.