South Australian Consolidated Acts South Australian Consolidated Acts13—Order for payment of pecuniary sum not to be made in certain
circumstances
(1) The court must not
make an order requiring a defendant to pay a pecuniary sum if the court is
satisfied that the means of the defendant, so far as they are known to the
court, are such that—
(a) the
defendant would be unable to comply with the order; or
(b)
compliance with the order would unduly prejudice the welfare of dependants of
the defendant,
(and in such a case the court may, if it thinks fit, order the payment of a
lesser amount).
(1a) In considering
whether the defendant would be able to comply with the order, the court should
have regard to the fact that defendants may enter into arrangements under
Division 3 of Part 9 for an extension of time to pay pecuniary sums or for
payment by instalments.
(2) The court is not
obliged to inform itself as to the defendant's means, but it should consider
any evidence on the subject that the defendant or the prosecutor has placed
before it.