PENALTIES AND SENTENCES ACT 1992 - SECT 74
Failing to comply with a requirement of an order
PENALTIES AND SENTENCES ACT 1992 - SECT 74
Failing to comply with a requirement of an order
74 Failing to comply with a requirement of an order
(1) This section applies if, while a fine option order is in force for an
offender, an authorised corrective service officer (a
"supervisor" ), or a person authorised for the purpose of this section by the
chief executive (corrective services) (also a
"supervisor" ), reasonably believes the offender has contravened a requirement
of the order.
(2) The supervisor may give the offender a notice under this
section requiring the offender—
(a) to stop contravening the order; or
(b)
to give the supervisor a reasonable explanation for the contravention within a
stated time, of at least 5 days but not more than 14 days.
(3) The notice
must—
(a) be in the approved form; and
(b) state the particulars of the
contravention; and
(c) state that failure to give a reasonable explanation
for the contravention may result in the fine option order being revoked
without notice to the person.
(4) A notice under subsection (2) may relate to
2 or more fine option orders.
(5) If the supervisor is satisfied no
reasonable explanation has been given within the stated time, the supervisor
may apply to the proper officer for an order under subsection (7) .
(6) The
proper officer may decide the application in the absence of the offender.
(7)
If satisfied the offender has contravened the fine option order without
reasonable excuse, the proper officer may, by order—
(a) extend or further
extend the 1 year or other time mentioned in section 66(2) ; or
(b) revoke
all fine option orders made for the offender and issue a warrant for the
arrest and imprisonment of the offender for the term ordered by the court; or
(c) revoke all fine option orders made for the offender and give to the
registrar under the SPE Act , for registration, the prescribed particulars
under that Act of the unpaid amount of the penalty.
(8) The proper officer
must give notice of the revocation of the fine option order to—
(a) the
offender; and
(b) if relevant, the court, or the proper officer of the court,
that made the fine option order.
