3AMeaning of *special circumstances*

3A Meaning of *special circumstances*

(1) In this Act, special circumstances, in relation to a person, means—

(a) a mental or intellectual disability, disorder, disease or illness where the disability, disorder, disease or illness contributes to the person having a significantly reduced capacity to—

(i) understand that conduct constitutes an offence; or

(ii) control conduct that constitutes an offence; or

(b) a serious addiction to drugs, alcohol or a volatile substance within the meaning of section 57 of the Drugs, Poisons and Controlled Substances Act 1981 where the serious addiction contributes to the person having a significantly reduced capacity to—

(i) understand that conduct constitutes an offence; or

(ii) control conduct that constitutes an offence; or

(c) homelessness determined in accordance with the prescribed criteria (if any) where the homelessness contributes to the person having a significantly reduced capacity to control conduct that constitutes an offence; or

(d) family violence within the meaning of section 5 of the Family Violence Protection Act 2008 where the person is a victim of family violence and the family violence contributes to the person having a significantly reduced capacity to control conduct that constitutes an offence; or

(e) circumstances experienced by the person that—

(i) are long-term in nature; and

(ii) make it impracticable for the person to pay the infringement penalty and any applicable fees or otherwise deal with the infringement notice under this Act or the Fines Reform Act 2014; and

(iii) do not solely or predominantly relate to the person's financial circumstances.

(2) Nothing in subsection (1) is to be taken as limiting any power of the Court to consider the circumstances of any person in a proceeding before the Court under this Act or any other Act.

S. 4 (Heading) amended by Nos 68/2009 s. 97(Sch. item 70.1), 47/2014 s. 206(1).