Northern Territory Consolidated Acts

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JUSTICES ACT - SECT 40

Suspension or mitigation of forfeiture

    (1)     Upon an application for an order adjudging a recognisance or security to be forfeited, the Justices to whom the application is made may order that the liability of all or any of the persons liable upon or in respect of the recognisance or security shall be remitted, suspended, or reduced.

    (2)     Where an order has been made adjudging a recognisance or security to be forfeited, any 2 Justices may at any time, whether goods have or have not been sold under a warrant of distress issued to enforce the order, make any of the following orders which they deem just:

        (a)     that the forfeiture and any order for payment of any amount due under the recognisance or security be cancelled or suspended; and

        (b)     that the liability of all or any of the persons liable upon or in respect of the recognisance or security shall be remitted, suspended or reduced.

    (3)     The Justices making an order under subsection (2) may:

        (a)     impose any terms and conditions which they deem just; and

        (b)     make any order consequential on or incidental to any such order.

    (4)     An order made under this section shall not affect the validity of any thing done to enforce the forfeiture of the recognisance or security before making the order.



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