79Making of order against fine defaulter

#### 79 Making of order against fine defaulter 79 Making of order against fine defaulter > > (1) The Commissioner may make an order under this Division requiring a fine defaulter to perform community service work in order to work off the amount of the fine that remains unpaid. > > > (2) An order may be either— > > > > > (a) in the case of an adult—a community correction order subject to a community service work condition, or > > > > > (b) in the case of a child—a community service order. > > > (3) The Commissioner may make an order only if satisfied that enforcement action is authorised against the fine defaulter under this Division. > > > (4) The Commissioner is not to make an order— > > > > > (a) if satisfied that the person is not capable of performing work under an order or is otherwise not suitable to be engaged in such work, and > > > > > (b) unless the Commissioner has obtained a report from an appropriate officer concerning the person’s suitability to be so engaged and the report indicates that the person is assessed as suitable. > > > (5) An order may be made in the absence of, and without notice to, the fine defaulter. > > > (6) An order may be made before the execution of a warrant under Division 4 and in anticipation that enforcement action may not be successful under that Division in satisfying the fine. The order is not to be served if that enforcement action is successful. > > > (7) Subject to this Division, such of the provisions of the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092), the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093) and the regulations under those Acts as are prescribed for the purposes of this subsection by the regulations under this Act— > > > > > (a) apply to a community correction order under this Division in the same way as they apply to a community correction order under the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092), and > > > > > (b) so apply with any modifications so prescribed. > > > (8) Subject to this Division, section 11 and such other provisions of the [Children (Community Service Orders) Act 1987](/view/html/inforce/current/act-1987-056) and the regulations under that Act— > > > > > (a) apply to a community service order under this Division in the same way as they apply to a community service order under that Act, and > > > > > (b) so apply with any modifications so prescribed. > > > > Note. > > > > Section 11 of the [Children (Community Service Orders) Act 1987](/view/html/inforce/current/act-1987-056) requires a community service order to require the offender to perform graffiti clean up. > > > (9) An order under this section is to be in the approved form. > > > (10) For the purposes of this section, an appropriate officer is— > > > > > (a) in the case of an adult—a community corrections officer (as defined in the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093)), or > > > > > (b) in the case of a child—a juvenile justice officer (as defined in the [Children (Detention Centres) Act 1987](/view/html/inforce/current/act-1987-057)). > > **s 79:** Am 1999 No 94, Sch 4.23 \[1\]; 2004 No 43, Sch 1 \[34\]–\[36\]; 2010 No 59, Sch 1.12 \[4\]; 2012 No 57, Sch 1.2 \[1\] \[2\]; 2013 No 82, Sch 1 \[5\]. Subst 2017 No 53, Sch 4.19 \[4\].