Western Australian Consolidated Acts

SENTENCING ACT 1995 - SECT 57A

57A .         Fine enforcement by means of WDO

        (1)         In this section and section 57B words and expressions have the same definitions as in the Fines, Penalties and Infringement Notices Enforcement Act 1994 .

        (2)         This section applies if —

            (a)         a court fines an offender and does not also impose a term of imprisonment; and

            (b)         the offender at the time is not in custody serving a sentence of imprisonment.

        (3)         The court, in addition to imposing the fine, may make a fine enforcement (WDO) order.

        (4)         A fine enforcement (WDO) order is an order requiring the offender, within 7 days after the order is made —

            (a)         to pay the fine in full; or

            (b)         to report to a community corrections centre to be served with a work and development order ( WDO ) in respect of the fine.

        (5)         The court must not make a fine enforcement (WDO) order unless —

            (a)         the offender is personally present in court;

            (b)         the court is satisfied by evidence on oath from the offender that the offender —

                  (i)         does not have the means to pay the fine, either within 28 days or pursuant to a time to pay order;

                  (ii)         is not the holder of a vehicle licence;

                  (iii)         does not have any personal property that could be seized under a warrant of execution issued under the Fines, Penalties and Infringement Notices Enforcement Act 1994 to satisfy, wholly or partly, the fine;

                  (iv)         will be unlikely to have the means to pay, or personal property that could be so seized, within a reasonable time after the fine is imposed; and

                  (v)         is mentally and physically capable of performing the requirements of a WDO;

            (c)         the court is satisfied by evidence on oath from the offender that the offender —

                  (i)         is the holder of a driver’s licence but is disqualified from holding or obtaining such a licence; or

                  (ii)         is not the holder of driver’s licence;

                and

            (d)         the court is satisfied that the issue of a licence suspension order under the Fines, Penalties and Infringement Notices Enforcement Act 1994 would be unlikely to result in the fine being paid within a reasonable time after the fine is imposed.

        (6)         A fine enforcement (WDO) order must be served on the offender personally.

        (7)         A fine enforcement (WDO) order may only be made during the sentencing proceedings and not afterwards.

        (8)         Sections 48 to 53 of the Fines, Penalties and Infringement Notices Enforcement Act 1994 apply to and in respect of a WDO served pursuant to a fine enforcement (WDO) order.

        [Section 57A inserted by No. 9 of 2000 s. 10.]