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Fines and Penalties (Recovery) Act 2001
51Stay of enforcement pending appeal etc.
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51 Stay of enforcement pending appeal etc.
(1) If the person on whom a fine was imposed:
(a) has applied for a rehearing of the matter; or
(b) has lodged a notice of appeal against the conviction or
sentence;
the Fines Recovery Unit must not make a fine enforcement order in
relation to the fine pending determination of the rehearing or
appeal.
(2) If the person on whom a fine was imposed:
(a) applies for a rehearing of the matter; or
(b) lodges a notice of appeal against the conviction or sentence;
after a fine enforcement order has been made in respect of the fine,
the Fines Recovery Unit must stay any enforcement action in
relation to the order pending determination of the rehearing or
appeal.
(3) If the rehearing or appeal results in the conviction or finding of guilt
in the matter being quashed or overturned, the Fines Recovery Unit
must withdraw the enforcement order.
(4) If the rehearing or appeal results in a fine of a different amount
being imposed on the person:
(a) the Fines Recovery Unit must vary the enforcement order to
reflect the different amount payable; and
Fines and Penalties (Recovery) Act 2001 27
(b) the stay on enforcement proceedings is removed.