FINES, PENALTIES AND INFRINGEMENT NOTICES ENFORCEMENT ACT 1994 - SECT 28

FINES, PENALTIES AND INFRINGEMENT NOTICES ENFORCEMENT ACT 1994 - SECT 28

28 .         Terms used

        (1)         In this Part —

        amount owed , in relation to a fine, means the amount of the fine and any enforcement fees relating to the fine —

            (a)         that has not been paid or recovered under an enforcement warrant; and

            (b)         the liability to pay which has not been discharged under section 46G, 51, 52H, 52I, 52T(3) or 53;

        approved sponsor means a person in relation to whom an approval under section 46J is in force;

        audio link has the meaning given in the Criminal Procedure Act 2004 section 3(1);

        authorised police officer has the meaning given in the Bail Act 1982 section 3(1);

        community corrections activities has the same definition as in the Sentence Administration Act 2003 ;

        community corrections centre has the same definition as in the Sentence Administration Act 2003 ;

        community corrections officer (CCO) has the same definition as in the Sentence Administration Act 2003 ;

        court includes any person acting judicially;

        court custody centre has the meaning given in the Court Security and Custodial Services Act 1999 section 3;

        court officer , in relation to a fine, means an officer of the court that imposed the fine who is approved as a court officer for the purposes of this Part by the CEO (fines enforcement);

        detainee means a person who is detained in a detention centre;

        detention centre has the meaning given in the Inspector of Custodial Services Act 2003 section 3;

        enforceable registered fine , in relation to an offender, means a fine imposed on the offender if —

            (a)         the fine is registered; and

            (b)         the amount owed in respect of the fine has not been paid in full or recovered in full under an enforcement warrant; and

            (c)         the liability of the offender to pay the amount owed in respect of the fine has not been wholly discharged under section 46G, 51, 52H, 52I, 52T(3) or 53;

        enforcement fees means prescribed fees imposed in connection with proceedings under this Act in relation to a fine;

        enforcement instrument means —

            (a)         a licence suspension order; or

            (b)         an enforcement warrant; or

            (ba)         a WDP; or

            (c)         an order to attend for work and development; or

            (d)         a fine expiation order;

        enforcement warrant means a warrant issued under section 45;

        fine means a monetary penalty imposed on an offender by a court in criminal proceedings for an offence and includes —

            (a)         any costs ordered to be paid by the offender in connection with the proceedings; and

            (b)         any amount ordered to be paid in connection with or as a result of the offence, if the order is of a kind, and is made under an enactment, prescribed for the purposes of this definition,

        but does not include any other amount of money ordered to be paid in connection with or as a result of the offence;

        fine enforcement (WDO) order means an order made under the Sentencing Act 1995 section 57A(3);

        fine expiation order means an order issued under section 52F;

        licence suspension order means an order made under section 43;

        offender means a person found guilty of an offence, whether after a plea of guilty or otherwise;

        ongoing fine expiation order has the meaning given in section 52I;

        order to attend for work and development means an order issued under section 47(1);

        person in court custody means a person in custody as defined in the Court Security and Custodial Services Act 1999 section 3 for whom the CEO (as defined in that section) is responsible under that Act;

        police facility means a police station or other premises managed or controlled by the Commissioner of Police at which a person may be detained in police custody;

        prison has the meaning given in the Inspector of Custodial Services Act 2003 section 3;

        prisoner has the meaning given in the Prisons Act 1981 section 3(1);

        registered means registered with the Registry for enforcement under section 32(2)(a) or 32B;

        responsible officer , in relation to an offender arrested under an arrest warrant issued under section 52Q(1)(b), has the meaning given in section 52ZC(2);

        time to pay order means an order made under section 33, as amended from time to time;

        video link has the meaning given in the Criminal Procedure Act 2004 section 3(1);

        warrant of commitment means a warrant of commitment issued under section 52S;

        warrant of commitment inquiry has the meaning given in section 52M(1);

        warrant of commitment inquiry process has the meaning given in section 52M(2);

        work and development instrument means a work and development permit or a work and development order.

        [(2)         deleted]

        (3)         For the purposes of paragraph (b) of the definition of fine in subsection (1), an order for the payment of compensation for injury, loss or damage suffered as a result of the commission of an offence is not to be prescribed.

        [Section 28 amended: No. 78 of 1995 s. 41; No. 8 of 1996 s. 9; No. 51 of 2000 s. 6; No. 50 of 2003 s. 29(3); No. 65 of 2006 s. 63; No. 20 of 2013 s. 79; No. 25 of 2020 s. 28 and 91.]