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Fines and Penalties (Recovery) Act 2001
121Fines etc. imposed by court before this Act commenced
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121 Fines etc. imposed by court before this Act commenced
(1) If a person is liable to pay an amount that is due in relation to:
(a) a fine imposed by a court before this Act commenced; or
(b) a bail undertaking or a recognizance that a court has ordered
be forfeited before this Act commenced;
the Registrar of the court may refer the matter to the Fines
Recovery Unit.
(2) If a matter is referred to the Fines Recovery Unit under this section,
the Unit may:
(a) allow further time to pay the fine or allow payment by
instalments and sections 25 and 26 apply to a matter referred
under this section as if the matter was a fine for the purposes
of those sections; or
(b) make a fine enforcement order under section 50 in relation to
the person and Part 5 applies to the enforcement of the order;
but nothing prevents the taking of action under paragraph (b)
although time to pay has been allowed under paragraph (a).
(3) If, in relation to a fine or a forfeited amount referred to in
subsection (1), an order or a warrant has been issued under the
Justices Act 1928, Youth Justice Act 2005 or Sentencing Act 1995
but has not been executed, the order or warrant is cancelled on the
making of a fine enforcement order in respect of the fine or amount.
(4) If a warrant of commitment has been executed and a community
work order under the Sentencing Act 1995 or Youth Justice
Act 2005 is in force in relation to the matter, that Act continues to
apply in respect of the community work order until the order is
satisfied despite any repeal of those provisions.
(5) If a community work order referred to in subsection (4) is revoked
and a warrant of commitment is issued (or re-issued), the
Fines and Penalties (Recovery) Act 2001 73
Commissioner of Correctional Services must advise the Fines
Recovery Unit and the Unit may make a fine enforcement order in
relation to the person named in the warrant.
(6) If the Fines Recovery Unit makes a fine enforcement order as
referred to in subsection (5), the warrant is cancelled on the making
of the order.