171COrders of relevant court for any relevant infringement fine, relevant court fine or any remaining amount

171C Orders of relevant court for any relevant infringement fine, relevant court fine or any remaining amount

S. 171C(1) substituted by No. 11/2021 s. 188.

(1) This section applies if—

(a) the Director has made an application under section 171A(2) on behalf of a person and the person—

(i) is only in custody because of a fine related sentence; or

(ii) has completed the fine related sentence that the person was serving at the time the Director made the application; or

S. 171C(1)(b) amended by No. 17/2022 s. 55(2)(a).

(b) the relevant court has made a time served order in respect of a person and—

(i) the term imposed under the time served order exceeds the term of the non-fine related sentence being served by the person; or

S. 171C (1)(b)(ii) amended by No. 17/2022 s. 55(2)(b).

(ii) the person has completed the non-fine related sentence and the term imposed under the time served order exceeds the term of the non‑fine related sentence; or

S. 171C(1)(c) inserted by No. 17/2022 s. 55(2)(c).

(c) the person has been released from custody and the term imposed under the time served order exceeds the time the person spent in custody.

S. 171C(2) amended by No. 17/2022 s. 55(3).

(2) If the relevant court is satisfied of a matter specified in subsection (3) in respect of the person, the court may make an order—

S. 171C(2)(a) amended by No. 59/2017 s. 53(2), substituted by No. 17/2022 s. 55(4).

(a) discharging in full any—

(i) relevant infringement fine; or

(ii) relevant court fine; or

S. 171C(2)(b) amended by No. 59/2017 s. 53(2), substituted by No. 17/2022 s. 55(4).

(b) discharging in part any—

(i) relevant infringement fine; or

(ii) relevant court fine; or

S. 171C(2)(c) amended by No. 59/2017 s. 53(2), substituted by No. 17/2022 s. 55(4).

(c) discharging in part any—

(i) relevant infringement fine and order that the person be imprisoned for a term fixed in accordance with section 171E(1); or

(ii) relevant court fine and order that the person be imprisoned for a term fixed in accordance with section 171E(1); or

(d) that is a fine default unpaid community work order under Division 5 of Part 3B of the Sentencing Act 1991; or

(e) adjourning the further hearing of the matter for a period of up to 6 months.

(3) For the purposes of subsection (2), the specified matters are—

(a) that the person has a mental or intellectual impairment, disorder, disease or illness; or