86Revocation of order

#### 86 Revocation of order 86 Revocation of order > > (1) The Commissioner may revoke an order made under this Division if satisfied that the fine defaulter who is subject to the order has failed, without reasonable excuse, to comply with the order or the requirements imposed with respect to the order by or under the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093) or the [Children (Community Service Orders) Act 1987](/view/html/inforce/current/act-1987-056) as the case requires. > > > (2) The Commissioner is not to revoke an order under subsection (1) unless the relevant assigned officer (within the meaning of that Act) has reported the breach to the Commissioner. The Commissioner may decide not to revoke an order following the report of a breach of the order to the Commissioner. > > > (3) The Commissioner may revoke an order made under this Division if satisfied, following a report by the assigned officer, that the fine defaulter is not capable of performing work under the order or is otherwise not suitable to be engaged in such work. > > > (4) The Commissioner may, when revoking an order, also revoke other such orders that have been made against the fine defaulter. > > > (5) Notice of the revocation is to be served on the fine defaulter. The notice may be served in the same way as notice of a fine enforcement order may be served. > > > (6) The fine defaulter may, within the time specified in the notice, apply in writing to the Commissioner for a review of the revocation. The Commissioner may, if satisfied that the order was not breached or that the breach should be excused, reverse the decision to revoke the order. > > > (7) The revocation of an order does not take effect— > > > > > (a) until the expiry of the period during which an application for review of the revocation may be made, or > > > > > (b) if an application for review is duly made—unless and until the application is refused. > > > (8) The revocation of an order (or the review of any such revocation) may be made or held in the absence of, and without notice to, the fine defaulter. > > > (9) A decision of the Commissioner under this section is (subject to this section) final and is not subject to appeal. > > **s 86:** Am 1999 No 94, Sch 4.23 \[3\]; 2013 No 82, Sch 1 \[5\] \[26\] \[27\]; 2017 No 53, Sch 4.19 \[5\] \[6\].