165AAdditional powers of the Magistrates' Court

165A Additional powers of the Magistrates' Court S. 165A(1) amended by No. 59/2017 s. 42(1). (1) If the Magistrates' Court makes an order under section 165(1)(b) discharging in part any relevant infringement fine, the Court, in respect of any undischarged relevant infringement fine, may make— (a) a time to pay order; or (b) an instalment order. S. 165A(2) amended by No. 59/2017 s. 42(2). (2) If the Magistrates' Court makes an order under section 165(1)(c) or (3)(e) for imprisonment in default of payment of any outstanding relevant infringement fine— (a) a warrant to imprison may be issued under section 68 of the **Magistrates' Court Act 1989**; and S. 165A(2)(b) amended by No. 59/2017 s. 42(2). (b) the Court may make an instalment order in respect of the payment of any outstanding relevant infringement fine. A warrant to imprison issued in accordance with subsection (2)(a) may be executed on the contravention of an instalment order made under subsection (2)(b). S. 165A(3) substituted by No. 59/2017 s. 42(3). (3) If the Magistrates' Court makes an order under section 165(1)(b) or subsection (1) and the person in default contravenes the order by failing to pay the undischarged amount of the relevant infringement fine in accordance with the order, the Court may issue a warrant to arrest the person in default under section 61 of the **Magistrates' Court Act 1989**. S. 165A(4) amended by No. 59/2017 s. 42(4). (4) If a person in default is brought before the Magistrates' Court on the execution of a warrant to arrest issued in accordance with subsection (3), the Court may— (a) confirm any order originally made under section 165(1)(b) or subsection (1); or S. 165A(4)(b) amended by No. 59/2017 s. 42(5). (b) cancel any order originally made under section 165(1)(b) or subsection (1) and deal with the person in default as if the person in default had just been brought before the Court under section 165. S. 165A(5) amended by No. 59/2017 s. 42(6). (5) The Magistrates' Court, in determining how to deal with a person in default under subsection (4), must take into account the extent to which the person in default has complied with an order made under section 165(1)(b) or subsection (1). S. 165B inserted by No. 29/2016 s. 40, amended by No. 59/2017 s. 43.