116XMagistrates court may make fine enforcement order

116X Magistrates court may make fine enforcement order (1) The Magistrates Court may, on application by the director-general, make a fine enforcement order against a fine defaulter if the court is satisfied that— (a) the order would not be unfair or cause undue hardship to the defaulter or any other person affected by the order; and Example—other person affected a dependent of the defaulter (b) it is otherwise in the interests of justice to make the order.

(2) A fine enforcement order may contain 1 or more of the following orders: (a) an earnings redirection order; (b) a financial institution deduction order; (c) a property seizure order. (3) For subsection (1) (a) and (b), the court must have regard to information the court has about any of the following: (a) the defaulter’s income; (b) the defaulter’s assets; (c) the defaulter’s equitable interest in property; (d) any debts payable to the defaulter; (e) any other means the defaulter has of satisfying the outstanding fine; (f) the defaulter’s reasonable living expenses, including the reasonable living expenses of anyone dependent on the defaulter; (g) the need to give effect to the considerations of specific and general deterrence that formed part of the decision of the sentencing court that imposed the fine on the defaulter; (h) whether the defaulter has knowingly attempted to misrepresent his or her financial affairs to evade payment of the fine; (i) any other relevant matter. (4) The court may make a fine enforcement order against a fine defaulter in the absence of, and without notice to, the defaulter.

Fine enforcement orders—earnings redirection orders Division 6A.3.4 Division 6A.3.4 Fine enforcement orders—earnings redirection orders