Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to this
section, a fine is to be credited to the Consolidated Account.
(2) Subject to
subsection (6), a fine imposed under an Act in Schedule 1 is to be
paid to the person, or credited to the fund, specified opposite that Act in
that Schedule, except where that Act provides otherwise.
(3) Subject to
subsection (6), a fine for an offence that was prosecuted by or on behalf
of a local government is to be paid to the local government, except where it
is expressly provided otherwise by a written law.
(4) Subject to
subsection (6), a fine imposed for an offence under a law of the
Commonwealth is to be credited to the Commonwealth.
(5) Subject to
subsection (6), a fine or a part of a fine that under section 56 is
ordered to be paid to a person who has been assaulted is to be paid to that
person.
(6) If a fine or a
part of a fine that under this section is not to be credited to the
Consolidated Account is paid, the court to which it is paid must retain the
fine —
(a) if
no appeal against the conviction or sentence concerned is commenced within the
time for appealing — until that time has elapsed, or until a
later time ordered by the court that imposed the fine; or
(b) if
an appeal against the conviction or sentence concerned is commenced within the
time for appealing — until the appeal has been determined,
dismissed or discontinued, or until a later time ordered by the appeal court,
and must then pay or
credit the fine in accordance with any decision of the appeal court or, if
there is no such decision, in accordance with this section.
(7) If a fine is
retained as required by subsection (6) and then paid or credited to a
person or fund other than the Consolidated Account, it is not subsequently
recoverable from the State, even if on appeal the conviction or sentence
concerned is set aside or quashed.
[Section 60 amended by No. 29 of 1998
s. 18; No. 41 of 2006 s. 79; No. 77 of 2006 s. 4.]