ACTIn ForceAct
Magistrates Court Act 1930
166CEnforcement of fine
Start here
Get a plain-English read of 166C
Turn the raw legal text into a practical explanation grounded in Magistrates Court Act 1930.
166C Enforcement of fine
(a) a fine is payable by a body corporate under a conviction of a
reciprocating court; and
(b) the registrar receives a written request from the relevant officer
of the reciprocating court for the enforcement of the conviction
accompanied by—
(i) a copy, certified by the relevant officer to be correct, of the
conviction; and
(ii) a certificate signed by the relevant officer stating the
amount of the fine that remains unpaid;
the registrar must register the conviction by filing in the court the
certified copy of the conviction and noting the date of the registration
on the copy.
(2) On the registration of a conviction under subsection (1)—
(a) the conviction is taken, for this part, to be a conviction of the
court adjudging payment of a fine by the body corporate in the
amount stated as unpaid in the certificate mentioned in
subsection (1) (b); and
(b) the registrar must make an enforcement order for the purpose of
recovering the amount mentioned in paragraph (a); and
Division 3.9.3 Reciprocal enforcement of fines against bodies corporate
(c) subject to this section, this Act and the rules applying to civil
proceedings in the Magistrates Court apply in relation to an
enforcement order made under paragraph (b) as if the order had
been made in a civil proceeding in the court.
(3) If a request is made under this section in relation to a fine payable
under a conviction of a reciprocating court and the registrar later
receives a notification from the relevant officer of the reciprocating
court of payment of an amount in satisfaction in whole or part of the
amount of the fine, the registrar must note the particulars of the
payment on the certified copy of the conviction filed in the court.
(4) If—
(a) an enforcement order is made under subsection (2) in relation to
a fine; and
(b) before enforcement, the registrar receives a notification
mentioned in subsection (3) in relation to the fine;
the registrar must stay the order.
(5) On the stay of the order, the registrar must—
(a) if the amount of the fine has been paid in full—set aside the
order; or
(b) if part of the amount of the fine remains unpaid—amend the
order to show the amount still unpaid.
(6) If an enforcement order is amended under subsection (5) (b), the order
must be enforced in relation to the amount of the fine shown in the
order as unpaid.
(7) If an amount of money is paid to the registrar in satisfaction in whole
or in part of a fine payable under a conviction registered under
subsection (1), the registrar must remit the amount to the relevant
officer of the reciprocating court by which the conviction was
entered.
Enforcement of criminal decisions—other provisions Division 3.9.4
(8) For this section, a document that purports to have been signed by the
relevant officer of a reciprocating court is taken to have been so
signed unless the contrary is proved.