116ZFinancial institution deduction order

116Z Financial institution deduction order (a) a fine defaulter has an account with a financial institution; and (b) the account has, or is likely to have, sufficient funds deposited in it to satisfy all or part of the defaulter’s outstanding fine. (2) The court may make an order directing the financial institution to deduct an amount, either as a lump sum or in the form of instalments, from the account of the fine defaulter and pay the amount in accordance with the order. (3) An order under this section must state the following: (a) the name of the fine defaulter to whom the order relates; (b) the name of the financial institution; (c) details of the defaulter’s account from which deductions under the order must be made; (d) the amount or amounts to be deducted by the institution. (4) For each deduction made from the fine defaulter’s account under the order, the financial institution— (a) may deduct from the account a reasonable administration charge and keep it as a contribution towards the administrative cost of making payments under the order; and (b) must give the defaulter notice detailing the deductions. (5) Any charge deducted under subsection (4) (a) must not be more than— (a) if the financial institution has an amount it usually charges its customers for making a periodic payment—that amount; or (b) otherwise—an amount that covers the financial institution’s costs and expenses of complying with the order. account includes a joint account. Division 6A.3.6 Fine enforcement orders—property seizure orders 116ZA Property seizure order The court may make an order for the seizure of the personal property of a fine defaulter (a property seizure order). 116ZB Property seizure order—authority to enter premises etc (1) A property seizure order authorises the director-general to— (a) enter any premises stated in the order, between 7 am and 6 pm on the same day, using the force that is necessary and reasonable to enter the premises if— (i) the director-general has given a person at the premises an opportunity to allow entry and has been refused entry; or (ii) there is no one at the premises; and (b) ask a police officer to help the director-general enter the premises; and (c) seize any personal property found on the premises or in a public place that— (i) apparently belongs, entirely or partly, to the fine defaulter; and (ii) does not include clothing, bedding or other necessities of life; and Fine enforcement orders—property seizure orders Division 6A.3.6 (d) seize and remove any documents that may prove the defaulter’s title to any personal property; and (e) place and keep any seized personal property or documents in safe custody for 28 days from the day the property was seized before selling the property; and (f) sell as much of the defaulter’s personal property as necessary to satisfy the outstanding fine to which the order relates. (2) A police officer asked by the director-general under subsection (1) (b) to help the director-general enter the premises— (a) must give any reasonable help the director-general requires if it is practicable to give the help; and (b) may use reasonable force against a person as part of giving the help. (3) However, this section does not authorise the director-general to use force against a person unless it is reasonable and necessary in the interests of a person’s safety. (4) If the director-general seizes any property from premises the (a) make an inventory of the property seized; and (b) in a prominent place on the premises, attach— (i) a notice explaining that property has been seized from the premises in accordance with an order of the court under section 116ZA; and (ii) a copy of the inventory of property seized; and (iii) a notice setting out a person’s rights under section 116ZD to recover the property seized. (5) As far as possible, the director-general must seize personal property that the director-general considers— (a) may be sold promptly and without unnecessary expense to satisfy an outstanding fine; and (b) if sold will not cause undue hardship to the fine defaulter or other people. 116ZC Property seizure order—sale of seized property (1) Property seized under a property seizure order must be sold by the director-general and the proceeds of the sale paid to the registrar. (2) However, seized property may not be sold unless— (a) the holding period for the property has ended; and (b) if an application under section 116ZD (1) has been made in relation to the property—the director-general has decided to refuse to return the property to the applicant; and (c) if the director-general’s decision has been appealed under section 116ZD (5)—the appeal has been withdrawn or refused. (3) As far as possible, the director-general must sell personal property— (a) in the order that the director-general considers— (i) is likely to satisfy an outstanding fine promptly and without unnecessary expense; and (ii) minimises undue hardship to the fine defaulter or other people; and (b) at the best price reasonably obtainable, having regard to the circumstances existing when the property is sold. (4) The director-general may retain part of the proceeds from the sale of personal property under this section to cover the director-general’s reasonable costs of the sale. Fine enforcement orders—property seizure orders Division 6A.3.6 (5) If property sold under this section results in proceeds that exceed the outstanding fine for which the property was sold, the excess amount must be given to any person who had a legal or equitable interest in the property in proportion to the share of the person’s interest. holding period means 28 days after the day the property was seized by the director-general. 116ZD Property seizure order—restoration application (1) A person may apply to the director-general in writing for the return of any property seized by the director-general under a property seizure order. (2) An application under subsection (1) must— (a) be made within the holding period under section 116ZC for the property to which it relates; and (b) clearly identify the items of property the applicant seeks to have returned (the disputed property); and (c) if the applicant is the fine defaulter to whom the seized property relates—state the reasons why a refusal to return the disputed property would cause undue hardship or unfairness to the applicant; and (d) if the applicant is not the fine defaulter—state the following: (i) the reasons why a refusal to return the disputed property would result in undue hardship or unfairness to the applicant; (ii) whether the applicant claims a legal or equitable interest in the disputed property. (3) The director-general must— (a) consider an application made under subsection (1); and (b) notify the applicant of the director-general’s decision. (4) In considering whether a refusal to return disputed property to an applicant would result in undue hardship or unfairness to the applicant, the director-general may take into account the following: (a) the relationship between the applicant and any other person likely to be affected by the loss of the disputed property; (b) if the property can be easily replaced; (c) the value of the property; (d) the applicant’s claim over the property; (e) if the applicant was aware of, or party to, the commission of an offence for which a fine was imposed and to which the seizure of the property relates; (f) any other relevant matter. (5) If the director-general refuses the application, the applicant may, within 28 days after the decision, apply to the Magistrates Court for an order for the return of the property. Note If a form is approved under the Court Procedures Act 2004 for this provision, the form must be used (see that Act, s 8 (2)). (6) In considering the application, the Magistrates Court may take into account the matters mentioned in subsection (4). 116ZE Voluntary community work order (1) The director-general may apply to the Magistrates Court for an order requiring a fine defaulter to perform voluntary community work to discharge an outstanding fine (a voluntary community work order). Voluntary community work orders Division 6A.3.7 (2) The court may make a voluntary community work order for a fine defaulter if— (a) the fine defaulter agrees to undertake voluntary community work under the order; and (b) if the outstanding fine for which the fine defaulter is liable is or includes an amount payable under a reparation order under the Crimes (Sentencing) Act 2005—the entity in whose favour the reparation order was made consents to the reparation order being discharged by a voluntary community work order; and (c) the court is of the opinion that— (i) it would not be appropriate to make a fine enforcement order; and (ii) the fine defaulter is likely to comply with a voluntary community work order; and (d) the fine defaulter has not been convicted of a personal violence (3) The court may inform itself in any way it considers appropriate about a matter mentioned in subsection (2). (4) The order must state the number of hours the fine defaulter must work to discharge the outstanding fine. Note The number of hours is to be worked out at the rate of 1 hour for each $37.50 of the outstanding fine (see s 116ZG). personal violence offence—see section 216A (5). 116ZF Voluntary community work order—administration (1) A voluntary community work order made for a fine defaulter is to be administered by— (a) the director-general; or (b) if the director-general authorises another entity, in writing, to administer the order—the other entity. (2) The entity administering the order must— (a) decide the kind of work to be performed by the defaulter, in accordance with the defaulter’s ability; and (b) decide the hours the defaulter must work (not more than 8 hours a day) having regard to the defaulter’s family, work and other commitments; and (c) change the arrangements in accordance with any reasonable request of the defaulter. 116ZG Voluntary community work order—rate of discharge of outstanding fine A fine defaulter performing work under a voluntary community work order discharges the defaulter’s outstanding fine at the rate of $37.50 for each hour of work performed under the order. 116ZH Voluntary community work order—noncompliance (a) the entity administering a voluntary community work order believes on reasonable grounds that the fine defaulter has failed to comply with the order; and (b) the defaulter has not asked the entity for an appropriate change in arrangements that would enable the defaulter to comply with the order. (2) The entity must report the failure to the court. (3) If the court is satisfied that the fine defaulter failed to comply with the order, the court may do 1 or more of the following: Imprisonment Division 6A.3.8 (b) give the defaulter a warning about the need to comply with the order; (c) amend the order; (d) cancel the order. (4) If the court amends or cancels the order, the court must give the fine defaulter written notice of the amendment or cancellation. 116ZI Voluntary community work order—certificate of completion If the entity administering a voluntary community work order is satisfied that the fine defaulter has completed the hours of work required to discharge the outstanding fine, the entity must give the court a certificate of completion in relation to the order. 116ZJ Voluntary community work order—ends if outstanding fine paid If a fine defaulter is subject to a voluntary community work order and an amount is paid to the Territory that completely discharges the outstanding fine, the order ceases to have effect. 116ZK Imprisonment order (1) The Magistrates Court may, on application by the director-general, order the imprisonment of a fine defaulter if— (a) the court is satisfied that all appropriate enforcement action has been taken under this chapter to secure payment and there is no real likelihood of the outstanding fine being paid; and (b) the outstanding fine has not been remitted under section 116ZO (Remission of fine by director-general) or section 313 (Remission of penalties); and (c) if the outstanding fine for which the fine defaulter is liable is or includes an amount payable under a reparation order under the Crimes (Sentencing) Act 2005—the entity in whose favour the reparation order was made consents to the reparation order being discharged by imprisonment. Note If the court makes an imprisonment order, it must issue a warrant for the imprisonment of the person in the director-general’s custody (see s 12). (2) The order, or any warrant under section 12, must not be given effect if the amount of the outstanding fine is paid to the Territory before the fine defaulter is imprisoned. (3) The period for which the fine defaulter must be committed (the imprisonment period) is the lesser of— (a) the period worked out at the rate of 1 day for each $300, or part of $300, of the outstanding fine; and (b) 6 months. (4) However, for a young fine defaulter, the imprisonment period is the lesser of— (a) the period worked out at the rate of 1 day for each $500, or part of $500, of the outstanding fine; and (b) 7 days. 116ZM Imprisonment—rate of discharge of outstanding fine (1) A fine defaulter imprisoned for a period under section 116ZK (3), discharges the outstanding fine— (a) if the defaulter is committed for less than 6 months—at the rate of $300 for each day or part of a day for which the defaulter is imprisoned; or (b) if the defaulter is committed for 6 months—at the end of the 6-month period. Imprisonment Division 6A.3.8 (2) A fine defaulter imprisoned for a period under section 116ZK (4), discharges the outstanding fine— (a) if the defaulter is committed for less than 7 days—at the rate of $500 for each day or part of a day for which the defaulter is imprisoned; or (b) if the defaulter is committed for 7 days—at the end of the 7-day period. 116ZN Imprisonment—release if outstanding fine paid (a) a person is imprisoned under section 116ZK; and (b) an amount is paid to the Territory that completely discharges the outstanding fine. (2) The director-general must release the person from imprisonment immediately unless the person must otherwise be lawfully detained. 116ZO Remission of fine by director-general (1) The director-general may, in writing, remit all or part of an outstanding fine that a fine defaulter is liable to pay if the director-general is satisfied on reasonable grounds that— (a) a fine enforcement order would not be effective to secure payment or is not otherwise appropriate; and (b) a voluntary community work order is not possible or appropriate; and (c) it is appropriate in all the circumstances to remit the fine. (2) In deciding whether to remit a fine, the director-general— (a) must consider the following: (i) any information the director-general has about the fine defaulter’s financial and personal circumstances; (ii) the offence for which the fine was imposed; (iii) the amount of the fine; (iv) whether the defaulter has any other outstanding fines; (v) anything the defaulter has done to frustrate, render impracticable or evade the making or effect of a fine enforcement order or voluntary community work order; and (b) may consider anything else the director-general considers on reasonable grounds is relevant. Note A fine may also be remitted by the Executive under s 313. Also, this Act does not affect the prerogative of mercy (see s 314A). Miscellaneous Part 6A.4 116ZP Time served in custody to count (1) If a fine defaulter is imprisoned other than under an order under section 116ZK, the time served is to count toward reducing the amount of any outstanding fines (the outstanding liability) for which the defaulter is liable. (2) If the defaulter has more than 1 outstanding fine, the defaulter’s outstanding liability is the aggregate amount of the defaulter’s outstanding fines. (3) The defaulter’s outstanding liability is reduced at the rate of $300 for each day or part of a day for which the defaulter is imprisoned. (4) However, a young fine defaulter’s outstanding liability is reduced at the rate of $500 for each day or part of a day for which the defaulter is imprisoned. outstanding fine does not include an amount payable under a reparation order under the Crimes (Sentencing) Act 2005 to–– (a) the Territory; or (b) a person in relation to whom a reparation order agreement mentioned in section 116ZQ is in force. 116ZQ Reparation order agreements (1) An entity (other than the Territory) in whose favour a reparation order was made may make an agreement with the director-general for the reparation order to be enforceable under this chapter as a fine. (2) A reparation order agreement must be in writing. (3) If a reparation order agreement with an entity is in force, any amount received by the director-general that is to be applied in payment of a reparation order covered by the agreement must— (a) be paid to the entity; or (b) otherwise dealt with in accordance with the agreement or any later written direction of the entity. 116ZR Apportionment of fine amounts Amounts received in payment of an unpaid amount of a fine must be applied towards satisfying the unpaid amount in the following order: (a) an amount payable under a reparation order under the Crimes (Sentencing) Act 2005 to a person in relation to whom a reparation order agreement mentioned in section 116ZQ is in force; (b) an amount payable under a reparation order under the Crimes (Sentencing) Act 2005 to the Territory; (c) a victims financial assistance levy imposed under the Victims of Crime (Financial Assistance) Act 2016; (d) a victims services levy imposed under the Victims of Crime Act 1994; (e) a fine payable under a fine order under the Crimes (Sentencing) Act 2005; (f) a financial penalty imposed, other than under the Crimes (Sentencing) Act 2005, in relation to an offence; (g) a fee or charge payable to the Territory that is imposed by a court in a proceeding for an offence; (h) costs payable to the Territory under a court order in a proceeding for an offence. 116ZS Conviction or order quashed or set aside If the conviction or order that gave rise to a person’s liability to pay a fine is quashed or set aside, the registrar must, in addition to notifying the road transport authority under part 6A.3 refund to the person any amount (including any administrative fee) paid in relation to the fine. Miscellaneous Part 6A.4 116ZT Sharing information A person exercising a function under this chapter may give to another person exercising a function under this chapter information the other person needs for the exercise of the other person’s functions under this chapter. registrar giving director-general contact details of a fine defaulter 116ZU Orders may be made on conditions Subject to this chapter, the court may make an order under this chapter on any conditions it considers appropriate.