78Manner of enforcing payment of costs

78 Manner of enforcing payment of costs (1) If the complainant is a law enforcement officer within the meaning of the Fines and Penalties (Recovery) Act 2001 and the Court orders the defendant to pay costs under section 77A or 77B, the costs may be enforced under that Act unless the Court orders imprisonment in default in accordance with subsection (2). (2) The Court may order that if the amount a person is ordered to pay is not paid within 28 days, the person is to be imprisoned until his or her liability to pay the amount ordered is discharged. (3) If the Court makes an order under subsection (2) and the person does not pay the amount ordered within 28 days, the Court may issue a warrant of commitment in respect of the person specifying the period of imprisonment calculated on the basis of the amount ordered as follows: (a) the period is to be one day for each amount (or part of that amount) prescribed for the purposes of section 88 of the Fines and Penalties (Recovery) Act 2001 that comprises the amount ordered; (b) the period is not to be less than one day; (c) the period is not to exceed 3 months. (4) If the person serves the total period of imprisonment under a warrant under subsection (2), the amount ordered is taken to be satisfied. (5) If the person serves part of the period of imprisonment under a warrant under subsection (2), the amount ordered is taken to be partially satisfied by the amount calculated at the rate prescribed for the purposes of section 88 of the Fines and Penalties (Recovery) Act 2001 for each day actually served. (6) Unless otherwise ordered by the Court, any period of imprisonment that the person has to serve as a result of an order under subsection (2) is to be served: (a) cumulatively on any incomplete sentence or sentences of imprisonment imposed on the person for the default of a payment of a fine or sum of money; and (b) concurrently with any incomplete sentence or sentences of imprisonment imposed on the person other than for the default of a payment of a fine or sum of money, whether the other sentence was or the other sentences were imposed before or at the same time as that term.

Local Court (Criminal Procedure) Act 1928 39