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Crimes (Sentencing) Act 2005
14Fines—orders to pay
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14 Fines—orders to pay
(1) This section applies if an offender is convicted of an offence.
(2) The court may make an order (a fine order) directing that the offender
pay a fine for the offence.
Note The Legislation Act, s 133, s 135 and s 136 deal with penalty units and
the effect of the statement of a penalty for an offence in a territory law.
(3) The court is not required to inquire into the offender’s financial
circumstances before making a fine order but must consider any facts
established by the offender about the offender’s financial
circumstances.
Note Section 33 (1) (n) requires the court, in deciding how to sentence an
offender, to consider the offender’s financial circumstances if relevant
and known to the court.
(4) The court may make a fine order for the offender whether or not the
offence is punishable by a fine otherwise than under this part.
(5) If a court makes a fine order, the court must state in the order—
(a) the amount of the fine; and
(b) how the fine is to be paid (for example, by stated instalments at
stated times).
(6) If the Magistrates Court imposes a fine on an offender for an offence
and the summons for the offence was served in accordance with the
Magistrates Court Act 1930, section 116B (Service of summons for
prescribed offence), the court must allow the offender at least 14 days
for payment.
(7) As soon as practicable after the court makes a fine order, the court
must ensure that written notice of the order, together with a copy of
the order, is given to the offender.
(8) Failure to comply with subsection (7) does not invalidate the fine