Div 1ARequest by person to Director for waiver or to make application to Court

Division 1A—Request by person to Director for waiver or to make application to Court S. 171AA inserted by No. 11/2021 s. 185, substituted by No. 17/2022 s. 46. 171AA Application of Division This Division applies to a person— (a) who— (i) is in custody serving a term of imprisonment; or (ii) was in custody but is no longer in custody because any of the following has occurred— (A) the charges against the person have been withdrawn; (B) the person has been sentenced to a term of imprisonment but is not required to spend any additional time in custody as a result of that sentence because of the length of the sentence and the time the person has already spent in custody; (C) the charges against the person in respect of which the person was taken into custody have been heard and determined without the imposition of a term of imprisonment; and (b) who is the subject of— (i) a relevant infringement fine; or (ii) a relevant court fine. S. 171AB inserted by No. 11/2021 s. 185, amended by No. 17/2022 s. 47(1)(a)(2) (ILA s. 39B(1)). 171AB Request to Director for waiver or to make application for time served order (1) A person to whom this Division applies may request in writing that the Director take appropriate action so that the person's relevant infringement fines or relevant court fines are (as appropriate)— S. 171AB(a) amended by No. 17/2022 s. 47(1)(b). (a) considered by the relevant court under Division 2; or (b) waived by the Director. S. 171AB(2) inserted by No. 17/2022 s. 47(2). (2) A request made under subsection (1) by a person specified in section 171AA(a)(i) must be made while the person is in custody. S. 171AB(3) inserted by No. 17/2022 s. 47(2). (3) A request made under subsection (1) by a person specified in section 171AA(a)(ii) must be made no later than 6 months after the person is released from custody. S. 171AC (Heading) amended by No. 17/2022 s. 48(1). S. 171AC inserted by No. 11/2021 s. 185, amended by No. 17/2022 s. 48(2)(4) (ILA s. 39B(1)). 171AC Appropriate action—application to the relevant court by Director (1) Subject to section 171A(4) and (5), the Director must apply to the relevant court for an order in accordance with section 171A on behalf of a person who has made a request under section 171AB if any of the following applies to the person— (a) the person is only in custody because of a fine related sentence; S. 171AC(b) substituted by No. 17/2022 s. 48(3). (b) the outstanding amount under a relevant infringement fine of the person exceeds— (i) the term of imprisonment of the person in respect of a non-fine related sentence; and (ii) any time the person spent in custody before being sentenced to the term of imprisonment specified in subparagraph (i)— where one day in custody accounts for one penalty unit or part of a penalty unit of the outstanding amount under the relevant infringement fine; S. 171AC(c) inserted by No. 17/2022 s. 48(3). (c) the outstanding amount under a relevant court fine of the person exceeds— (i) the term of imprisonment of the person in respect of a non-fine related sentence; and (ii) any time the person spent in custody before being sentenced to the term of imprisonment specified in subparagraph (i)— where one day in custody accounts for one penalty unit or part of a penalty unit of the outstanding amount under the relevant court fine; S. 171AC(d) inserted by No. 17/2022 s. 48(3). (d) the outstanding amount under a relevant infringement fine or relevant court fine exceeds the period of time the person spent in custody before the person was released where one day in custody accounts for one penalty unit or part of a penalty unit of the outstanding amount under the relevant infringement fine or relevant court fine. S. 171AC(2) inserted by No. 17/2022 s. 48(4). ***relevant court fine*** does not include any additional fees and costs that have been added to the relevant court fine; ***relevant infringement fine*** does not include any additional fees and costs that have been added to the relevant infringement fine. S. 171AD (Heading) amended by No. 17/2022 s. 49(1). S. 171AD inserted by No. 11/2021 s. 185. 171AD Director must waive payment of relevant infringement fines or relevant court fines if section 171AC does not apply S. 171AD(1) amended by No. 17/2022 ss 18(1), 49(2). (1) Subject to subsections (2) and (3), the Director must waive any outstanding amount of a relevant infringement fine or relevant court fine of a person who has made a request under section 171AB unless the Director is required to make an application to the relevant court under section 171AC on behalf of that person. S. 171AD(2) amended by No. 17/2022 s. 49(3). (2) For the purposes of subsection (1), the outstanding amount of the relevant infringement fine or relevant court fine that may be waived by the Director must not exceed an amount that is equivalent to 24 months in custody where one penalty unit or part of a penalty unit is equivalent to one day in custody. S. 171AD(3) inserted by No. 17/2022 s. 18(2). (3) The Director must not waive any outstanding amount of a relevant infringement fine if the time of the alleged commission of the infringement offence is on or after the date that the person to whom the relevant infringement fine relates was taken into custody. Note to s. 171AD inserted by No. 17/2022 s. 18(2), substituted by No. 17/2022 s. 49(4). The waiver of an outstanding amount of a relevant infringement fine or relevant court fine of a person under this section includes the waiver of any fees and costs added to the relevant infringement fine or relevant court fine. S. 171AE inserted by No. 11/2021 s. 185, amended by No. 17/2022 s. 50. 171AE Effect of waiving payment of outstanding amount of relevant infringement fine On the Director waiving payment of an outstanding amount of the relevant infringement fine under section 171AD, the person who made a request under section 171AB is taken to have served a term of imprisonment in default of payment of the relevant infringement fine solely for the purposes of section 32(1A)(b) of the **Infringements Act 2006** despite the fact that the period spent in custody does not relate to the infringement offence that is the subject of the relevant infringement fine. Pt 14 Div. 2 (Heading) amended by Nos 59/2017 s. 50, 17/2022 s. 51. Pt 14 Div. 2 (Heading and ss 171A–171K) inserted by No. 29/2016 s. 42. Division 2—Time served orders in respect of relevant infringement fines and relevant court fines S. 171AF inserted by No. 17/2022 s. 52. 171AF Definitions In this Division— ***relevant court fine*** does not include any additional fees and costs that have been added to the relevant court fine; ***relevant infringement fine*** does not include any additional fees and costs that have been added to the relevant infringement fine. S. 171A (Heading) amended by No. 17/2022 s. 53(1). S. 171A inserted by No. 29/2016 s. 42, amended by No. 59/2017 s. 51, substituted by No. 11/2021 s. 186.