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.