STATE PENALTIES ENFORCEMENT ACT 1999 - SECT 34 Default in paying fine, penalty or other amount under court order

STATE PENALTIES ENFORCEMENT ACT 1999 - SECT 34

34 Default in paying fine, penalty or other amount under court order

(1) This section applies to any of the following orders made by a court—

(a) an order fining a person for an offence;

(b) an order under the Penalties and Sentences Act 1992 , section 33B (1) that an amount be paid on the forfeiture of a recognisance;

(c) an order that a person pay to someone else an amount by way of restitution or compensation under the Penalties and Sentences Act 1992 , section 35 (1) ;

(d) an order that a person pay a penalty mentioned in the Penalties and Sentences Act 1992 , section 182A or 185 ;

(e) an order under the Bail Act 1980 , section 32 (1) or 32A (1) that an amount be paid on the forfeiture of an undertaking;

(f) an order under the Justices Act 1886 , section 161A that an amount be recoverable by execution or that details of the amount be registered under this Act;

(g) an order made before 27 November 2000 that a person pay an amount under the Crown Proceedings Act 1980 , section 13 or 14 ;

(h) an order mentioned in the Industrial Relations Act 2016 , section 380 (1) or 406 (1) .

(2) Subsection (1) (a) to (f) or (h) applies to an order whether made before or after the commencement of this section.

(2A) At any time after the order is made, if all or part of the fine or other amount is unpaid, the court registrar may give to SPER, for registration, the prescribed particulars of the unpaid amount.

Note—

See also the Penalties and Sentences Act 1992 , section 179F , the Police Powers and Responsibilities Act 2000 , sections 115 and 781 and the Victims of Crime Assistance Act 2009 , sections 120 and 193 .

(2B) However, subsection (2A) does not apply to an unpaid amount under an order mentioned in subsection (1) (d) or (f) if, at the time the court makes the order, the court can not order that payment of the unpaid amount can be satisfied by imprisoning the person for a period.

(3) The registrar must register the particulars as soon as practicable after receiving them.

(4) Also, the registrar may issue an enforcement order, an enforcement warrant or a fine collection notice against the person concerned for the unpaid amount.

(5) Subsection (2) applies unless the person is ordered to be imprisoned under the Penalties and Sentences Act 1992 , section 39 or 185A .