Western Australian Consolidated Acts

SENTENCING ACT 1995 - SECT 57B

57B .         Court may cancel order on application of Fines Enforcement Registrar

        (1)         If under section 57A(3) a court makes a fine enforcement (WDO) order, notice of it must be given to the Registrar.

        (2)         Within 28 days of the making of the order the Registrar may apply for the order to be cancelled.

        (3)         The application must be made in accordance with the regulations and must be served on the offender concerned.

        (4)         On an application by the Registrar, the court may cancel the order if it is satisfied, after reconsidering the matters in section 57A(5)(b) and (c), that the order should not have been made.

        (5)         If the court cancels the order, the WDO made pursuant to it is to be taken to be cancelled and the fine must be paid, and may be enforced, under the Fines, Penalties and Infringement Notices Enforcement Act 1994 .

        (6)         If the court cancels the order, then for the purposes of section 32 of the Fines, Penalties and Infringement Notices Enforcement Act 1994 the fine is to be taken to have been imposed on the day when the order was cancelled.

        (7)         If a WDO has been wholly or partially completed at the time it is to be taken to be cancelled under subsection (5), the offender’s liability to pay the fine is to be reduced in accordance with regulations made under the Fines, Penalties and Infringement Notices Enforcement Act 1994 .

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