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(A) the charges against the person have been withdrawn;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;