sec.126Power to fine

### sec.126 Power to fine A person liable to imprisonment for an offence defined in this Act may be ordered to pay a fine in addition to or instead of the imprisonment to which the person is liable. A fine to which a person is liable under subsection (1) shall not exceed— 5,000 penalty units where the offence is one of which the person is convicted on indictment; or 100 penalty units where the offence is one of which the person is convicted in summary proceedings. Where pursuant to this section, a person is ordered to pay a fine the court may, on the application of the prosecution, instead of ordering the person to be imprisoned in default of payment of the fine or that the amount of the fine be recovered by levy and distress, order that the amount of the fine be recovered in accordance with the following provisions of this section. Where an order referred to in subsection (3) is made— the registrar or a deputy registrar of the Supreme Court if that court makes the order; or the registrar of the court if the court making the order is the District Court or the Childrens Court constituted by a judge; or the clerk of the court at the place where— the Childrens Court constituted by a Childrens Court magistrate or a magistrate; or a Magistrates Court constituted by a magistrate; is the court making the order; shall furnish to the Attorney-General a certificate of the order and that certificate may be registered in a court having jurisdiction in civil proceedings in which the amount claimed is the amount required by the order to be paid. The registrar of a court to whom a certificate referred to in subsection (4) is duly produced for registration shall, upon payment of the appropriate fee, register the certificate in the court and thereupon the certificate shall be a record of the court in which it is registered and the order to which it refers shall be deemed to be a judgment of that court, duly entered, obtained by the Crown as plaintiff against the person in default as defendant for the payment to the Crown of money comprising— the amount of the fine; and costs of registration of the certificate in the court; and all such proceedings (including proceedings in bankruptcy) may be taken to recover the amount of the judgment as if the judgment had been given by the court in favour of the Crown. s 126 (prev s 54) amd 1988 No. 88 s 3 sch 1 ; 1990 No. 9 s 14 ; 1995 No. 18 s 3 sch ; 1999 No. 19 s 3 sch renum 2002 No. 35 s 11 (sec.126-ssec.1) A person liable to imprisonment for an offence defined in this Act may be ordered to pay a fine in addition to or instead of the imprisonment to which the person is liable. (sec.126-ssec.2) A fine to which a person is liable under subsection (1) shall not exceed— 5,000 penalty units where the offence is one of which the person is convicted on indictment; or 100 penalty units where the offence is one of which the person is convicted in summary proceedings. (sec.126-ssec.3) Where pursuant to this section, a person is ordered to pay a fine the court may, on the application of the prosecution, instead of ordering the person to be imprisoned in default of payment of the fine or that the amount of the fine be recovered by levy and distress, order that the amount of the fine be recovered in accordance with the following provisions of this section. (sec.126-ssec.4) Where an order referred to in subsection (3) is made— the registrar or a deputy registrar of the Supreme Court if that court makes the order; or the registrar of the court if the court making the order is the District Court or the Childrens Court constituted by a judge; or the clerk of the court at the place where— the Childrens Court constituted by a Childrens Court magistrate or a magistrate; or a Magistrates Court constituted by a magistrate; is the court making the order; shall furnish to the Attorney-General a certificate of the order and that certificate may be registered in a court having jurisdiction in civil proceedings in which the amount claimed is the amount required by the order to be paid. (sec.126-ssec.5) The registrar of a court to whom a certificate referred to in subsection (4) is duly produced for registration shall, upon payment of the appropriate fee, register the certificate in the court and thereupon the certificate shall be a record of the court in which it is registered and the order to which it refers shall be deemed to be a judgment of that court, duly entered, obtained by the Crown as plaintiff against the person in default as defendant for the payment to the Crown of money comprising— the amount of the fine; and costs of registration of the certificate in the court; and all such proceedings (including proceedings in bankruptcy) may be taken to recover the amount of the judgment as if the judgment had been given by the court in favour of the Crown. - (a) 5,000 penalty units where the offence is one of which the person is convicted on indictment; or - (b) 100 penalty units where the offence is one of which the person is convicted in summary proceedings. - (a) the registrar or a deputy registrar of the Supreme Court if that court makes the order; or - (b) the registrar of the court if the court making the order is the District Court or the Childrens Court constituted by a judge; or - (c) the clerk of the court at the place where— (i) the Childrens Court constituted by a Childrens Court magistrate or a magistrate; or (ii) a Magistrates Court constituted by a magistrate; - (i) the Childrens Court constituted by a Childrens Court magistrate or a magistrate; or - (ii) a Magistrates Court constituted by a magistrate; - (i) the Childrens Court constituted by a Childrens Court magistrate or a magistrate; or - (ii) a Magistrates Court constituted by a magistrate; - (a) the amount of the fine; and - (b) costs of registration of the certificate in the court;